Wrongful Death Lawsuits
Wrongful death is a legal term which
refers to situations where someone is fatally injured because of the negligence
of another person or company. Wrongful death cases may come about in a
number of different contexts, including car accidents, construction site
accidents, and medical malpractice.
These claims are obviously emotional and difficult for the survivors. Since
the person is dead, the law does its best to compensate the survivors and
beneficiaries for their loss, by awarding an amount of money the loss represents
including the sorrow, mental anguish and loss of companionship of the person,
the expected loss in income of the person who died; the expected loss of
services, protection, care, and/or assistance which the person who died
provided to the survivors/beneficiaries; and the expenses for the care,
treatment, and hospitalization of the person who died related to the injury
resulting in death. Since some of these damages are very difficult (or
impossible to calculate) they are often very high. Many wrongful death
lawsuits result in seven figure awards to the survivors.
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Legal Issues
As with any legal claim, time is of the
essence in a wrongful death suit. In most cases family members are overwhelmed
by the loss and the legal issues are often neglected.
However, family members need to appreciate that a prompt investigation
of the accident and the facts surrounding the death is necessary. Lawyers
will immediately, at their own expense seek to preserve evidence and identify
the negligent acts that lead to the death.
Unlike, many injury and accident matters, wrongful death claims often involve
complex and confusing legal requirements before a lawsuit or claim for
damages is made. Some states mandate that a family member be specifically
appointed by the Probate Court before any legal action. State law varies
as to which family members may be parties to the claim and who can recover.
An attorney must be diplomatic in their approach with each survivor who
wishes to make a claim. State law will also determine the size of the award,
with certain states allowing larger recovery based on punitive damages
or other criteria.
Ultimately, from a legal standpoint it
will be necessary to prove who was responsible for the death. Wrongful
death cases are among the most contentious and volatile because of the
grief and terrible damages involved.
Submit your inquiry
to our attorneys for an evaluation at no cost by experienced counsel. Our
attorneys are some of the finest in the US and have achieved millions of
dollars in verdicts and settlements for wrongful deaths claims.
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