Wrongful Death FAQs
Unfortunately, many accidents end in fatality. These are cases of wrongful death and they too can be pursued legally. Although the person who was killed cannot take their case to court, the family of that person can file a wrongful death claim. The reckless behaviors or negligent inactions of another person should not go unaddressed simply because the person who lost their life is not around to pursue the matter. The loved ones of someone who has been killed as a result of wrongful death have just as much right to seek justice on behalf of their loss.
Wrongful death claims are brought by civil action when the loved ones of the deceased are attempting to be compensated for death-related expenses. These may include the financial strain that may be put on the family as a result of lost income, medical expenses that the family has been left with, or grievance and bereavement compensations. In a wrongful death case, the standard of proof is preponderance of the evidence. This means, instead of the defendant being innocent until proven guilty, the burden of proof is on them to prove that they did not in fact cause the death.
Personal injury and wrongful death lawsuits have one thing in common: They arise when the negligent, reckless, or intentional actions of another cause one to suffer harm. Whatever the particular instances of the claim, both cases involve negligence. Other than that common factor, these claims are very different and their differences must be understood before a person attempts to file either of them.
It is important to note that a statute of limitations exists in cases of wrongful death claims. This means that there is a time limit for how long you can wait before filing a wrongful death claim, so you must act quickly when addressing these issues if you and your loved ones wish to receive accurate compensation.
In matters like this, it is important to speak to a personal injury lawyer to make sure all of your rights are protected.
Medical malpractice attorneys protect you when a medical professional has acted with carelessness. The victim of a medical malpractice case often feels overwhelmed because he or she has suffered additional injuries or pain and suffering from a trusted medical professional. The job of a medical malpractice attorney is to understand the facts of the victim’s case and find the exact instances in which a doctor failed to perform his or her necessary duty of care for the patient. Our legal professionals can help you find a medical malpractice attorney in your area. You can also learn about the recent medical malpractice reforms that are underway to learn more about the possibility that your claim has in succeeding.
Hiring a medical malpractice attorney gives you peace of mind. A medical malpractice attorney will also have a specialized knowledge about the state negligence laws in your state and how they apply to your case. In addition, here are the other top 5 reasons to hire a medical malpractice attorney.
- Obtain a large settlement for your case
- Let your attorney negotiate with insurance companies
- Focus on your rehabilitation and care
- Be proactive in filing a negligence claim
- Knowledge of the court system
Our lawyers know how difficult it is in the wake of a serious injury-causing accident and the serious expenses you will already be facing. We are therefore proud to work on a contingency fee agreement, which means that you only pay if we are able to recover for you.
From the first consultation to the very end of your case, we will front all of the expenses—including man hours we put in and fees of experts that we consult. We are only paid if we win your case, and our payment comes from the total recovery that we make–not directly out of your own pocket.
In most wrongful death cases, you will not be barred from recovering compensation even if you or your loved one was partially at fault for the death. A person becomes partially at fault when their injuries were sustained as a result of negligence on behalf of another party, but not completely. If you think that just because you were partially responsible for your injuries that you are not liable to compensation, you are. Whether you were involved in a construction accident, a slip and fall accident, or any other type of accident where you sustained injuries, you may be entitled to compensation even if you are partially to blame.
In every wrongful death case, your primary goal is to secure a timely settlement. This is accomplished through informal talks and formal discussions that are commonly called “mediation” sessions. At a mediation session, lawyers and both parties are present at the conference table. The lawyers will speak for their clients, presenting each side of the case. The mediator that is present to steer the course of the session will ask questions of the parties themselves and after this session is over, ask questions of each side individually.
Any recovery in a wrongful death claim will depend on the unique facts and legal issues involved in the case. Some of the factors that can contribute to the amount of compensation may be extent of injury, the time it takes to recover, the amount of negligence that contributed to the injury, the nature of the people involved, and the evidence that is brought forth.
If you are in need of an estimate for your particular injury case, it would be best to consult with a personal injury lawyer.
t is near impossible to determine the exact amount that you may be able to recover because of the countless unique factors particular to every case. If you were injured on the job at the fault of your employer and you had to take time off of work, it is likely that you will be compensated for your lost wages during your recovery time. Another thing that likely would be compensated for would be necessary medical expenses. Again, varying case to case, but it is likely you will at least get your medical expenses relating to said injury covered. In order to accomplish that objective, your claim must be thoroughly investigated and analyzed by varying professionals, including consulting with experts and researching databases that will help to determine the fair amount for your type of claim. This preparation not only helps when in front of a judge, jury or arbitration panel, but it also gives a position of strength at the negotiating table when seeking to secure a timely settlement.