Anyone who has lost a loved one to “wrongful death” in an accident caused by negligence may have legal options to pursue to help offset some of their financial losses and other claims, such as loss of companionship or guardianship. This type of personal loss occurs suddenly, without warning and devoid of any possible preparation in most cases. By its very meaning, a wrongful death is the ending of someone’s life prematurely because someone else or a company was negligent, and it is an event that should have not happened.
In a Personal Injury case where someone has died, the result is more than financially overwhelming for survivors. In addition to bearing costs for a funeral and burial, the family suffers additional personal harm. Not only will they be deprived of the love, companionship, guidance and emotional connection to their lost family member, they may also be losing any future income and inheritance they otherwise would have enjoyed.
In most cases, the survivors are allowed to sue for fair compensation. There may be a few exceptions, depending on specific state statutes. Some cases exempt governmental agencies from lawsuits or have limitations on damage awards. There may also be time limitations, sometimes as short as 30, 60 or 90 days. If you miss that time limit for filing a wrongful death lawsuit, you may not be able to do so later on. Some states also continue to offer family immunity, with certain exceptions that primarily involve insurance fraud.
If you or a family member has lost a loved one in an accident caused by negligent behavior, it is important to act quickly to determine what rights apply to that unique situation. It is hard to deal with legal aspects of a wrongful death when a person also faces the sudden loss of a loved one and all the details that surround a fatality. This is why it is essential to obtain an experienced Personal Injury Attorney for advice and representation immediately. They will handle the legal matters, so you can deal more effectively with those other personal matters such as planning a funeral and notifying other family members of that untimely passing of your loved one.
Other areas of concern that your Wrongful Death Attorney will handle for you include investigation of the accident, determination of negligent behavior, pinpointing the responsible party or parties, and calculation of damages. In some cases where negligent behavior was particularly reckless, a jury may award additional punitive damages that can be quite considerable.
There are many variables to consider, so consultation with our experienced Personal Injury Attorney is an important first step to take, as soon as possible. Learn more here about this area of law that allows injured persons to obtain fair compensation for a Wrongful Death claim.
A lot of people wonder what a wrongful death case is and how it can apply to them. As a general rule, if someone dies as a result of a negligent act or a third party, a wrongful death claim could be made. Naturally, a lot of laws, statutes, rules and regulations surround wrongful death claims. Examples of Wrongful Death Suits There are many different types of wrongful death cases, as people can die in… read more
A wrongful death lawsuit is based on negligence. The lawsuit can only be filed by someone who is a member of family for the person who has died. Different states have different regulations in terms of who can be classed as a family member, but it usually includes children, spouse and parents. In some states, other family members, such as legal dependents, grandparents and estranged spouses can also be file wrongful death negligence lawsuits. However,… read more
Obviously, there will come a time for all of us to die. But for some of us, this may happen before our time is up, and it can be due to somebody else’s fault. Losing someone you care about in that way is tragic. No money in the world can bring your loved one back but if there is a case of “wrongful death,” then you may be entitled to compensation. At the very least,… read more
Wrongful death cases have always captured the imagination and interest of the public at large. Oftentimes, these cases have also garnered front page exposure in various local and national news outlets. As a result, debates on the details of the case and the outcome have been sparked and continue to be held to this date. Some of the most famous cases involved celebrities, or defective products that could have harmed millions of people in the… read more
Every year, millions of families are saddened when a loved one dies prematurely, due to injuries received in an accident that was due to negligent behavior or a wrongful act by another person or company. In San Diego, California, a wrongful death claim may be made as a civil lawsuit action. The survivors or a personal representative of the deceased person’s estate is allowed to file this type of Personal Injury claim. This claim details… read more
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