WRONGFUL
DEATH ATTORNEY
 A Wrongful
Death Attorney brings
a compensation claim on behalf of the surviving
dependents or beneficiaries. Wrongful Death
is a legal term, which refers to situations
when a person dies due to the negligence
of another.Wrongful Death cases arise in
a number of different contexts, including
car accidents, constructions site accidents,
and medical malpractice.
What
is a Wrongful Death Claim?
Wrongful
Death Attorneys bring
a claim on behalf of the family and alleges that
negligence was the result of death;
(or other liability) on the part of the defendant's),
and that the surviving dependents or beneficiaries
are entitled to compensation damages as a result
of the defendant's conduct.
Under "common law" (the general
legal principles passed from England
to the United States over hundreds of years) this type of claim did not exist.
It was reasoned that the claim died with the victim, and the surviving family
members could not claim damages from the person who caused the victim's death.
To correct this injustice, the individual states have passed "wrongful
death statutes" over the years, and some form of wrongful death claim
action exists in all state jurisdictions today.
While they all follow some general principles, each state jurisdiction is unique,
since each state has drafted its own form of "wrongful
death statute.
What
are the elements of a wrongful death claim?
Generally,
the death was caused, in whole or part, by the
conduct of defendant the defendant was negligent,
or strictly liable, for victim's death there
is a surviving spouse, children, beneficiaries
or dependents and monetary damages have resulted
from the victim's death.
Who
can file a wrongful death claim?
This
will depend on your state's statutory language,
but generally immediate family members (i.e. spouses,
children and parents) can pursue a wrongful death
claim (although minors until 18 years of age may
require a "guardian ad item" to represent
their interests in court).
When
must a Wrongful Death claim be filed?
Each
state has its own "statute of limitation," which
defines the time frame during which a lawsuit
must be filed. The time usually runs from the
time of the victim's death, although some states
may allow a lawsuit to proceed if the act which
caused the death was not discovered until later
(for example, the spouse of the victim does not
discover until the following year that the victim's
death was caused by the negligence of the treating
doctor. In this case, the time frame to file
a lawsuit may run from the date the spouse discovered
the treating doctor's negligence, rather than
the date of the victim's death).
A claim, even a valid claim, may be denied if it is filed after the statute
of limitation has run. If you believe that you may have a valid claim for wrongful
death, it is important that you speak with a qualified attorney at your earliest
opportunity to preserve your rights. In addition to protecting your claim in
court, early action may also help to preserve evidence, or locate witnesses,
that you may need to win your case.
What
kind of damages is recoverable in a Wrongful Death claim?
A Wrongful
Death Attorney assures the survivors and beneficiaries
just compensation for their loss.
The
following types of damages are considered in a wrongful
death case.
1.
Sorrow, mental anguish which includes loss of companionship,
comfort and guidance;
2. The expected loss in income of the person who died;
3.
The expected loss of services, protection,
care, and/or assistance which the person. Which
died provided to the survivors/beneficiaries;
4. Expenses for the care, treatment, and hospitalization of the person who
died related to the injury resulting to death.
In times of grief it is obviously difficult for family members to understand
the importance of a prompt investigation of the circumstances of death, preservation
of evidence and identification of responsible parties.
Immediate expenses associated with the death (medical & funeral):
Loss of victim's anticipated earnings in the future until time of retirement
or death;
Loss of benefits caused by the victim's death (pension, medical coverage,
etc.);
Loss of inheritance caused by the untimely death;
Pain and suffering, or mental anguish to the survivors;
Loss of care, protection, companionship to the survivors;
General damages; and
Punitive damages.
A Wrongful Death Attorney bring years of professional
experience to calculate the extent of monetary damagesDepending on
the jurisdiction, some of the listed damages may be barred or restricted
by statute. Also, some of the listed damages may be hard to prove and thus
be considered too speculative by the court. As a result, they may be struck
or restricted. Punitive damages may require a higher level of proof (see
below). Depending on your jurisdiction, plaintiffs may be able to recover
interest calculated from the time of death, the time the damages were incurred,
or from the time of the filing of the lawsuit. Finally, most of the damages
for future loss (such as the victim's anticipated earnings) will be reduced
to "present value"
.
A Wrongful
Death Attorney will
provide you a Free
Consultation. We accept no fee
until we recover money for you. Our fee comes
only from a successful case settlement.The client
never pays an out of pocket expense or fee unless
we win.
If
you or some you know are injured, we can help
Dedicated
to helping the
injured.
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