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  5. Wrongful death: Individual vs. company claims

Wrongful death: Individual vs. company claims

On Behalf of Newbern Law Firm | Jul 26, 2024 | Wrongful Death |

Wrongful death claims can be overwhelming, especially when you have to choose whether to file against a person or a company. This choice is crucial because it affects how your legal case will proceed. Knowing the differences between these options can greatly influence the result.

Here are some key differences to consider:

Scope of proving responsibility

Wrongful death claims against individuals typically involves proving negligence or misconduct on the part of a person. With claims against an entity, you might need to demonstrate that the company had faulty policies, inadequate safety measures or failed to provide proper training, which requires a different approach in gathering evidence and presenting the case.

Procedures and regulations

Different procedural rules might apply when suing a company compared to an individual. For instance, companies may be subject to additional regulatory oversight depending on the industry, which can influence the case.

Capacity to pay

A claim against an individual is usually more straightforward but may be limited by the individual’s ability to pay any awarded damages. On the other hand, companies often have larger insurance policies and more assets, which might influence the potential compensation.

Legal representation

Companies often have access to more robust legal representation compared to individuals which can make litigation more complex and prolonged. However, this does not mean that you no longer have a chance to win your case. With proper preparation and adequate legal representation, you can work towards achieving justice for your loved one who suffered a wrongful death.

Regardless of whether you are making a claim against an individual or a company, it is crucial to understand the specific circumstances and best approach for your case.

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