What
is wrongful death case?
The following are general wrongful death
questions:
Wrongful death case is a lawsuit brought on
behalf of a decendent's survivor's for their
damages resulting from a tortious injury that
caused the decedent's death.
Wrongful death case may be defined as any of
the following examples:
- A negligent or careless act such as a negligent
driver
- A motor vehicle/trucking accident Defective
automobile, tractor or
- A reckless act by another person, or an
intentional act such as a deliberate murder
such as an attack such as assault and/or battery
- A death in the course of another crime
- A death during a medical operation, the neglect
of a doctor, hospital or nursing home Defective
drugs or medication
- A company’s negligence in the enforcement
of Safety Regulations Faulty equipment or tools
- A property owner who fails to meet Safety
Regulations
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Who can
file a wrongful death case?
Who can file a wrongful death case will depend
on your state's statutory language, but generally
immediate family members (i.e. spouses, children
and parents) can pursue a wrongful death case
(although minors until 18 years of age may require
a "guardian ad litem" to represent their interests
in court). In addition, some states may also
extend the potential group of plaintiffs to grandparents,
legal dependents, or members of the extended
family.
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How soon
should I contact a wrongful death attorney?
You should contact a wrongful death
attorney as soon as possible because
of the following reasons:
- Evidence may be lost
- The memory of witnesses may decline over
time.
- Each state has its own "statute of limitation," which
defines the time frame during which a lawsuit
must be filed. In some states you must file
within 3 years, but the rules vary from state
to state.
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How
long will a wrongful death case take?
Two possible things could happen to your wrongful
death case:
- wrongful death settlement reached
before trial
- wrongful death case could go to trial (in
which case this wrongful death case will take
several years). Larger wrongful death case
often go to trial.
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What
kinds of damages are recoverable in a wrongful
death case?
The following damages may be recovered in a
wrongful death case:
- 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
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If your loved one died
due to the actions of another, you should contact
the nearest wrongful death attorney immediately
to learn more about preserving your rights and
remedies. A wrongful death attorney will be able
to explain the value of your case and help you
navigate through the complicated legal process.
Most attorneys who handle wrongful death matters
work on a contingency basis.
At
Rosenberg, Minc, Falkoff, & Wolff, LLP., we
specialize in personal injury cases. You can
depend on our knowledge and skill when it comes
to representing a client with a Personal Injury
matter.
If you
would like a free consultation about your
accident and injury claim, call us toll-free
at 1-800-660-2264, or email us at lawyers@nycaccident.com.
We’re ready when you are.
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