Call Attorney referral Service for a wrongful death lawyer if you lose your loved one as a victim of negligence
A "wrongful death" occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. A medical malpractice lawyer will file in court for wrongful death to protect decedent's immediate family members. The most common of these are surviving spouses, children and parents.
A suit for wrongful death may only be brought by the "personal representative" of the decedent's estate. Florida and Georgia "wrongful death statutes" establish the procedures for bringing wrongful death actions. Wrongful death lawyers will bring claims in conjunction with claims for personal injury, conscious pain and suffering, or expenses incurred prior to the decedent's death. The damage awards from these actions belong to the estate and may pass to different parties as directed by the decedent's will. An Attorney referral Service Wrongful Death lawyers would file these claims.
If a person is killed ( Wrongful death ) because of the wrongful conduct of a person or persons, the decedent's heirs and other beneficiaries may file a wrongful death action against those responsible for the decedent's death. Wrongful death law is governed by statute. Wrongful death statutes will be different on Florida, Georgia,New York, New Jersey,Colorado, Michigan, North and South Carolina, California, and Tennessee where Attorney Referral Service currently has participating wrongful death lawyers Wrongful death lawyers will interpret these statutes that define who may sue for wrongful death and what, if any, limits may be applied to the award of Wrongful death damages.
Originally, wrongful death statutes were created to provide financial support for widows and orphans and to motivate people to exercise care to prevent injuries. A wrongful death action is separate and apart from criminal charges, and neither proceeding affects nor controls the other. This means that a defendant acquitted of murder may be sued in a civil action by the victim's family for wrongful death.
An action for wrongful death may be brought for either an intentional or unintentional act that causes an injury that results in wrongful death . Here are just three examples or wrongful death suits:
- A blow to the head during an altercation that later results in death is an injury that is intentionally caused is a wrongful death case
- The driver of an automobile who unintentionally causes the death of another in an accident may be held liable for Negligence and wrongful death.
- An individual who, in violation of local law, neglects to enclose a swimming pool in his yard can be held liable for the omission or failure to act if a child is attracted to the pool and subsequently drowns. This is a wrongful death
Wrongful death statutes do not apply to an unborn fetus, as an individual does not have a distinct legal status until he is born alive. If an infant is born alive and later dies as a result of an injury that occurred prior to birth, an action may be brought for wrongful death.
Wrongful Death Law Suit Damages
The law of each state varies on the amount of damages recoverable by plaintiffs in wrongful death cases. Compensatory Damages, which are intended to make restitution for the amount of money lost, are the most common damages awarded in wrongful death actions. Plaintiffs who win in a wrongful death lawsuit may recover past medical and funeral expenses in addition to the amount of economic support they could have received if the decedent had lived and, in some cases, a sum of money to compensate for grief or loss of services or companionship.
Determining the amount of damages in a wrongful death action requires the taking into account of many variables. To compute compensation, the salary that the person could have earned may be multiplied by the number of years he likely would have lived and adjusted for various factors such as inflation. While actuarial tables are used to determine the amount of time the deceased would have otherwise lived, the decedent's mental and physical health, along with the nature of his work, may also be taken into consideration by a jury.
A wrongful death lawyer will pursue Damages that may be awarded in a wrongful death case if the defendant's actions were particularly wanton, reckless or heinous. Punitive damages are a means of punishing the defendant for his action and are awarded at the discretion of the jury in certain wrongful death cases. Any damages recovered are distributed among the survivors subject to the statutes of each state.
Courts frequently divide an award based on the extent of each beneficiary's loss.
Other Injuries causing wrongful death
Our wrongful death lawyers have experience with motor vehicles accidents resulting in a wrongful death.
Wrongful death from Motor Vehicles Accidents can occur from catastrophic collisions of cars,trucks,motorcycles,bicycles,buses and trains.
Injuries sustained can result in fatal or severe injuries that require a lifetime of costly medical care. The force and impact of these collisions can cause catastrophic brain and spinal cord harm, as well as less severe injuries such as broken bones and internal injuries which may eventually result in a wrongful death lawsuit.
Victims of motor vehicle crashes may suffer from a variety of serious injuries, including:
catastrophic car accidents and crashes can result in severe Injuries and wrongful death. An experienced wrongful death lawyer should be hired.
- Misdiagnosis of Cancer causing wrongful death
- Birth Injuries causing wrongful death
- Products Liability
- Workers Compensation wrongful death due to an on the job injury
- School bus crash Injury and head trauma
- Office Complex or Shopping Center Injury
- Train crashes are catastrophic disasters resulting in wrongful death
- emergency room errors
- airplane crashes and aviation accidents result in wrongful death
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