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Was Your Loved One’s Death Caused By Negligence?

You may be entitled to significant compensation.

While taking legal action may not be the top priority of people who lose loved ones, survivors of a deceased person must consider hiring an attorney who handles wrongful death cases as early as possible. In addition to the considerable emotional trauma associated with losing a loved one, families can face significant financial hardships without their deceased loved ones’ support. The compensation provided through wrongful death litigation may help alleviate these financial burdens.

However, there is a deadline to file a wrongful death claim. A statute of limitations is the name of this deadline, which can vary between states and with each type of lawsuit. Once this time limit has expired, courts no longer have jurisdiction to punish wrongdoers and award damages to victims, and no further suits can be filed (except under specific circumstances).

The wrongful death attorneys in our firm have long experience in seeking compensation that acknowledges the deceased’s worth and helps the surviving family to recover from its loss. Please fill out our free, no-obligation case evaluation form if you have lost a loved one due to an unexpected event to see whether one of our skilled wrongful death attorneys may assist you. Wrongful death lawsuits are civil actions filed by survivors of a person who died because of the negligence or wrongdoing of another. In such cases, the law allows family members of the deceased person, called the “deposing party,” to bring wrongful death lawsuits seeking monetary damages.

Wrongful death actions were created to compensate relatives who rely on the deceased person for economic and emotional support. Wrongful death occurs when a negligent, reckless, or intentional act causes a fatality. Negligence refers to the failure of a person to behave as a reasonable, prudent person would act in a comparable situation. To create a case for the cause of death, the attorney must illustrate that a person owed the decedent a duty of care, that his acts or omissions violated this duty, and that their wrongdoings were directly (proximally) responsible for the decedent’s injury or death, and that damages occurred. The amount of money granted to the decedent’s surviving family members is decided by the courts based on several considerations.

Relationships between the surviving parties and the deceased, the amount of the deceased’s available net income to the surviving parties, the replacement cost of the deceased’s services, and the parties’ expected length of life are some of these considerations. In addition, as discussed later, the individual’s relationship with the deceased can qualify them for some benefits. Spouse: A surviving spouse can seek damages for loss of the decedent’s companionship and protection, as well as mental pain and suffering, since the date of the injuries. Children: Minor children may recover compensation for the loss of their parents’ companionship, guidance, and direction, and mental pain and suffering from the date of injury.

Wrongful Death Attorneys

Parents: Each parent of a minor child who has sadly died is entitled to financial compensation for emotional distress beginning on the day of the injury. If there are no other survivors, each adult child’s parent is entitled to compensation for mental anguish. All: Each survivor can recover for lost support and services from the date the decedent was injured until they died; the cost with interest and future lost support and services, as of death, is reduced by the present value. Additionally, the survivor who paid for any medical or funeral expenses associated with the decedent’s illness or death may be entitled to compensation.

In addition to the compensatory damages, a court may choose to award punitive damages. Punitive damages are appropriate in situations in which the actions of one party, whether intentionally, recklessly, or seriously negligent, caused the death of an individual. These financial penalties punish wrongdoers and discourage others from repeating the same behavior.

Our lawyers are committed to getting fair compensation for those people and are aware of the challenges that the family of an innocent victim has after the death of that person. Complete the free case evaluation form or call (888) 491-0444 to get in touch with us immediately to understand more about your legal options after an unexpected death.

Our attorneys practice in many areas of personal injury law, including a few that you may run into and which may add a layer to a wrongful death suit, such as medical neglect. Learn more about the specifics of personal injury litigation here.

Wrongful Death Information, Resources, and Facts

What is the statute of limitations on wrongful death?

Having a loved one die in an accident that was preventable can be tremendously upsetting and upsetting. This is known as a wrongful death case, and depending on the particulars of that case, it is possible that a lawsuit regarding the death could be filed.

You will want to find an attorney familiar with wrongful death statutes in the state where the accident occurred, and someone who will be able to walk you through all aspects of the case. Losing your loved one is in and of itself not grounds for filing a wrongful death suit. Instead, you need to be able to prove another party was responsible for an injury or illness that contributed to his death. When a loved one pays the ultimate price because of the carelessness of another, you are not alone.

You deserve to have the support provided by a lawyer who cares about the future of your family, as well as the challenges that lie ahead. Waiting too long is not only running the risk of having your entire claim denied. You are also delaying justice for yourself and those you love.

Unfortunately, there is no turning the clock back to reverse this terrible incident. However, you can help your family to keep moving forward and to make it through this chapter more easily. Coping with the heartache and overwhelm of knowing that somebodys actions caused it is devastating. But, when you act, the law may side with you, giving you a chance for financial support via a wrongful death lawsuit.

What is the statute of limitations?

Statutes of limitations are created in every state, and they state precisely how long it takes for the surviving family members and other related parties to bring an action related to the death. This is usually two years from the death of the decedent. However, this time frame may be extended or reduced depending on specific circumstances. For instance, if it is claimed the unlawful death was caused by a government department, then the time frame may be shorter, for example, as little as six months from the date the accident occurred.

If you think that you have grounds for filing a lawsuit based on the death, it is in your best interest to set up a consultation with a knowledgeable lawyer as soon as possible. Only an attorney can tell you more about whether your case qualifies under relevant wrongful death statutes, and they can counsel you on next steps should you decide to proceed. A lawyer is a very valuable support system. If you are still unsure whether or not you have grounds to bring the case, be sure to immediately consult an experienced attorney.

Meeting with an attorney does not commit you to filing an immediate case, but it gives you the best chance of getting the necessary support. Meeting with a lawyer right away gives you the best possible chance of getting the support that your claim needs, as well as getting clarity about how the court process looks. While it is possible that your case will resolve out of court through a settlement negotiation, your attorney can also talk to you more about what time frame is expected should your case actually reach trial. There are a lot of different factors in these scenarios that could affect your case, but at the very least, you will know what to expect should you choose to pursue the case.

A lawyer is there to walk you through it, from the day after an accident until the end of your case, whatever that looks like. You can do much to bolster your needs by finding a lawyer who has a great deal of wrongful death experience in the state where the death occurred. The statute of limitations for wrongful death is just one aspect of your whole case, and you want to have an attorney who has been in your shoes before, helping you and your family navigate through this challenging time. There are other laws and rules specifically related to wrongful death.

This is because a sudden death leaves the family members who survived emotionally and financially devastated. This means these individuals must educate themselves on their rights and get ready to file a lawsuit as soon as possible. Specific state statutes govern what it means to say that something is wrongful death. Wrongful death is really different than personal injury law.

Personal injury law covers situations where an individual may have been injured by, say, a slip-and-fall incident or car crash. Wrongful death litigation, however, is a different matter and requires an attorney with extensive experience operating his or her practice under that umbrella. Wrongful death is used to explain unnatural or premature death caused by illegal or negligent actions of a person. It involves the potential of civil lawsuits seeking monetary damages for the family members who survived because their lives would have been changed forever by losing their loved ones.

Wrongful death is also a concept within the scope of civil law, though when a loved one dies, a separate wrongful death criminal case can arise, which is handled by authorities. For example, imagine that your loved one was killed in a drunk-driving crash. Police and other authorities may file a separate criminal lawsuit against the person who caused the drunk driving crash, but this does not mean you would get compensation from this suit alone. It might affect in some ways the outcome of a civil law case on your individual case, but this is handled entirely separately and has different statutes and implications involved.

A civil suit may also be brought even if there are currently criminal charges pending against a defendant on the same issues. In addition, wrongful death cases brought at the civil level may be brought at, during, or after the prosecution of the criminal case. These are separate proceedings, and their outcomes are entirely independent. Even in cases where the individual is not convicted of criminal offenses for the circumstances, it is still possible that civil damages can be recovered.

What are the grounds for a wrongful death lawsuit?. The filing of a wrongful death suit may involve several different types of cases. These include any time that a person, governmental entity, or corporation contributed to, or directly caused, a non-natural death. Some of the more common causes for this include hazardous construction, defective products, dangerous drugs, driving under the influence, medical negligence, negligent or reckless behavior, nursing home abuse, dangerous medical devices, criminal acts, willful murder, or the inadvertent serving of alcohol.

In nearly every case where a defendants unsafe actions or products resulted in the death of another, wrongful death claims may be based on that. Each state has its own laws regarding wrongful death claims. There is no common law basis for wrongful death claims. Therefore, every state has its own unique statutes governing issues like who is entitled to bring a wrongful death suit, how long a surviving person has to bring a wrongful death suit, what types of damages may be recovered, and who is entitled to receive proceeds from a wrongful death suit.

In most states, the property rights to the wrongful death claim begin with the spouse of the deceased, if no spouse exists, then the children of the deceased, if no spouse exists and no children exist, and if neither of those individuals is still living, it goes to the administrators of the deceased’s estate.

The wrongful death attorneys in our network handle cases throughout the United States including Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

Pursuing a claim for wrongful death can be very overwhelming and frustrating as far as the family members trying to get on with their lives and have a chance of closing that chapter. Need Help With Your Case? Call (888) 491-0444 or complete the free case evaluation form on this site.

The Law May Limit The Time You Have To File A Wrongful Death Claim

Under the legal rule known as “the statute of limitations,” any claim stemming from a wrongful death must be filed within a specific period of time, otherwise, your legal claims are barred, and your right to bring suit is lost for all time.

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