When a person dies due to the negligence or wrongful act of another, a wrongful death lawsuit may be filed. Wrongful death claims seek to compensate the surviving family members for their loss, such as emotional suffering, financial burden, and loss of companionship.
A wrongful death attorney can assist the family members in filing the lawsuit and obtaining the compensation they deserve. These attorneys specialize in the legal aspects of wrongful death claims and can help families navigate the complex legal system.
In a wrongful death lawsuit, the plaintiff must prove that the defendant’s actions or inactions caused the death. This can include various scenarios, such as medical malpractice, product liability, car accidents, and workplace accidents.
The compensation in a wrongful death lawsuit may include various damages, such as funeral expenses, medical expenses, lost income, and pain and suffering. The damages awarded in a wrongful death case vary from state to state and depend on the case’s specific circumstances.
Working with an experienced wrongful death attorney is important to protect your legal rights and receive the maximum compensation available. These attorneys can investigate the case, gather evidence, and negotiate with insurance companies on behalf of the family members.
While a wrongful death lawsuit cannot bring back the lost loved one, it can help provide some financial stability and closure for the surviving family members. A wrongful death attorney can provide compassionate and knowledgeable guidance throughout the legal process and help family members move forward with their lives.
The laws for a wrongful death lawsuit will vary by state. However, in most states, a wrongful death lawsuit must be started by a representative of the surviving family members. This representative is usually the executor of the estate.
State law will also determine who is considered a surviving family member. Different family members that may qualify include:
Every state gives the spouse and all minor children, biological and adopted, to seek compensation for their spouse or parent.
The parents of an unmarried child, minor or adult, can seek wrongful death compensation for losing their loved one.
Some states have made it possible for people who are life partners, live as a common law married couple, or are adult relatives of a deceased person that relied on that person for support to make a compensation claim.
Some states would allow distant family members, like siblings, grandparents, and non-family members, to claim wrongful death if over 50 percent of their financial support came from the deceased.
Some states will allow for a wrongful death suit against the negligent party for the loss of a fetus. However, you must consult a wrongful death attorney to see if your state law allows this type of lawsuit.
A wrongful death action can be taken against almost any person or entity that was the cause of the accident that caused the death. This includes:
In some states, the government and government agencies are immune from wrongful death cases. You must check with an attorney if this applies to our case.
Congress had also passed a law stating that manufacturers of generic drugs cannot be held liable for personal injury or wrongful death for generic drugs because the FDA had previously approved the medication as safe when it was initially released.
Compensation for wrongful death is very similar to what can be awarded in a personal injury claim. Every state has different laws regarding compensation for wrongful death actions, so you will need to speak with a lawyer to see which types of compensation apply to your case.
Several types of economic damages may apply to your wrongful death case. These include:
Economic damages will vary greatly depending on the decedent’s age, the support they provided, and other factors. You will need to speak with a wrongful death attorney to understand better what types of damages you will receive based on the facts of your case.
Non-economic damages are very subjective because placing a dollar figure on emotional losses is tough. However, the law allows you can seek non-economic damages for the following:
Only two states, Florida and Illinois, allow the surviving family members to seek damages for pain, suffering, and mental anguish that they have experienced due to the wrongful death.
Wrongful death lawsuits may have caps on the amount you can recover for pain and suffering. This will depend on the state in which you live. Speak with your attorney to determine what compensation applies to your case.
The Statute of Limitations does apply to wrongful death lawsuits. In most states, you have two years from death to seek compensation for losing your loved one. However, some states have a shorter time limit to file a claim.
It is always beneficial to speak with a wrongful death attorney as soon as possible after losing a loved one. This protects your right to seek compensation for a wrongful death case. Exceeding the time limit of the Statute of Limitations will prevent you from filing a compensation claim.
If you have lost your loved one to any type of negligence, whether from an accident or a defective product, certain surviving family members have the right to seek compensation for their loss. Compensation for wrongful death can help your family with the financial stability they need while recovering from this terrible loss.
If you are ready to speak to a wrongful death lawyer, please click on “Find a Lawyer,” We will connect you with lawyers in your area who can help you with a wrongful death claim. There is no reason to delay; schedule your free consultation today.
Truck accidents are never simple issues. These accidents often cause catastrophic injuries for those in the smaller passenger vehicle and are responsible for many accident-related deaths.
To make matters more complex, federal and state laws regulate the trucking industry, which often has multiple responsible parties and can have more than one insurance company involved in the compensation claim.
This is where a truck accident lawyer can help. They can assist you in navigating the complex legal and regulatory system of the trucking industry and help you secure the compensation you deserve for your injuries and losses.
A skilled truck accident lawyer will be familiar with the laws and regulations governing the trucking industry and know how to identify potential violations that may have contributed to the accident.
A truck accident attorney will work to establish liability and help you obtain maximum compensation for your losses, including medical bills, lost wages, and pain and suffering.
They will also have experience dealing with the insurance companies involved in the compensation claim. They will know how to negotiate on your behalf to ensure you receive a fair settlement.
Sometimes, they may need to take the case to court to ensure you receive the compensation you deserve.
If you or a loved one has been involved in a trucking accident, it is important to seek the guidance and representation of an experienced truck accident lawyer. They can help you protect your rights, navigate the complex legal system, and secure fair compensation for your injuries and losses.
Trucking accidents can happen for any reason. However, a few reasons are more common than others. Some of the most common reasons for trucking accidents include the following:
Tight deadlines are one of the leading causes of driver fatigue. Truck drivers with fatigue pose a threat to other drivers because;
Some drivers will use caffeine and other stimulants to stay alert while driving when they are fatigued. These stimulants may wake the driver, but fatigue still diminishes their driving skills.
Improperly maintained trucks and trailers can lead to an accident. Drivers put a lot of mileage on these trucks, and maintenance is required more often. Bad tires, brakes, or lighting can lead to an accident.
Trailers that have been hooked up improperly also present a danger. Trailers loaded incorrectly can also cause a truck to jackknife or tip over.
Indeed, having legal representation is critical for anyone involved in a trucking accident. As previously mentioned, these accidents are complex and can have multiple responsible parties, such as the truck driver, trucking company, or manufacturer.
A skilled truck accident lawyer can investigate the accident, review evidence, and determine who is liable for the accident. They can also handle negotiations with insurance companies to ensure you receive maximum compensation for your losses, including medical expenses, lost wages, and pain and suffering.
Additionally, having a truck accident lawyer can help protect your rights and ensure you do not inadvertently waive any critical legal protections. The legal system can be complicated and intimidating, but a truck accident attorney can provide guidance and support throughout the legal process.
If you have been involved in a trucking accident, it is vital to seek legal representation as soon as possible. This can help to ensure that evidence is preserved and your rights are protected. Contact an experienced truck accident lawyer to discuss your case and options for pursuing compensation.
Title 49 of the Federal Code of Regulations is where you will find a bulk of the laws regarding the trucking industry. These regulations set the standards for the trucking industry, including owner-operators and company truck drivers.
These laws regulate everything from how many hours a driver can work daily to how much weight a truck can carry.
Drivers cannot work more than 60 hours in 7 consecutive days and cannot drive more than 11 hours in one day. Drivers must have a 10-hour break between shifts for rest, and if they take a day off during the week, they still cannot exceed 70 hours of driving time in an 8-day period.
Federal law requires that every driver keep a log book showing the hours they were operating a vehicle. Most log books are now digital records connected to the truck so that the log book records the time the vehicle is moving automatically.
Your attorney will investigate the driver’s logbook to see if they operate outside these guidelines. Violations of federal laws can hold additional penalties for the driver or trucking company.
State laws also affect the trucking industry. States have the right to determine how fast a truck can operate on its roads if there are designated truck lanes or routes that must be followed and may also have additional sleep or time off requirements for drivers. These laws will be evaluated for compliance when a truck accident occurs.
You may be surprised to know that when a trucking accident happens, the driver may not be the responsible party or could be one of many responsible parties for the event.
Parties that could be held responsible for a truck accident include:
The truck driver can be held responsible for the accident if it is found that they acted negligently behind the wheel. This applies to company drivers as well as owner-operators. Negligent actions can include failing to obey traffic laws to distracted driving.
Trucking companies often try to shield themselves from the responsibility of trucking actions by using independent drivers to move their goods. However, many factors must be addressed to see if the company still had responsibility for the accident.
Having an attorney manage your truck accident claim will ensure that the trucking company is evaluated for any responsibility for the accident, even if the driver was a contract driver.
The trucking industry is unique in the fact that many of the trailers that are on the roads are not owned by the driver or the trucking company that is managing the shipment. Many companies own trailers and contract truck companies to move their filled trailers.
If these companies do not adequately maintain these trailers, they can be held responsible for any accident resulting from trailer failure.
Trailers must be explicitly packed to ensure they move safely down the road. This includes weight distribution on the axles and ensuring the cargo is secured and will not move during transport. If the company that packed the trailer did not follow these guidelines, they could be held responsible for any accidents resulting from their negligence.
If the company performing maintenance on the truck and trailers can be found negligent if the maintenance work was not performed correctly or if the wrong parts were used.
If it is found that a wrong part was responsible for the accident, the manufacturer can be held responsible for the accident. This can include the original manufacturer or any after-market parts used on the vehicle.
After a truck accident, there are several steps you should take to ensure your rights as an injury victim are protected.
The first and most important step is to contact emergency services and get immediate medical attention. The injuries from a truck accident can be severe, so it is essential to seek medical evaluation as soon as possible.
Next, you must document everything you can remember about the accident. This can include taking pictures at the accident scene, noting the weather and road conditions, and writing down any details you remember about the incident. This information can help build a solid case to support your compensation claim.
Contacting a truck accident attorney as soon as possible is crucial. Trucking accidents are complex issues, and it will always be in your best interest to have legal representation. An experienced attorney can help gather evidence, build a strong case, and negotiate with insurance companies to ensure you receive fair compensation for your injuries and losses.
During the investigation, your attorney may also be able to identify additional parties responsible for the accident, such as the trucking company or the truck’s manufacturer. This can significantly impact the outcome of your case and the compensation you receive.
The most critical steps after a truck accident include the following:
By taking these steps, you can protect your rights and ensure that you receive fair compensation for your injuries and losses.
Being involved in a truck accident is traumatizing. When trying to manage your injuries, you should not face all of the complicated legal issues after the accident yourself.
To be connected with a truck accident attorney in your area, please click the “Find a Lawyer” button. We will connect you with local attorneys with the skills you need to manage a trucking accident claim.
Accidents that happen at a construction site are never simple issues. These accidents can involve federal and state laws and multiple responsible parties. To navigate a personal injury claim from a construction accident, it will always be beneficial to have legal assistance from a construction accident lawyer.
The type of construction site accident claim you make will be based on why you were at the location. Accidents to employees, contractors, or other visitors will all be managed differently.
Workers’ compensation will automatically cover your injury if you are injured while working at a construction site. This program is designed to pay for your medical care and some of your lost wages during your recovery period.
While the program was designed to be very straightforward, the insurance companies often make the claims process difficult. Too often, workers are pushed back to work before they recover fully from their injury, and some benefits they were entitled to receive were “forgotten.”
It will always be in your best interest to speak with a personal injury attorney when you have been injured at work at a construction site. In addition to helping you navigate the worker’s comp system, your attorney can file a third-party liability action if necessary.
A third-party liability action happens when you are injured at work due to faulty or defective equipment.
Any person invited onto the construction site who is not an employee or injured has the right to seek compensation for a personal injury.
Invitees would include vendors, sales reps, investors, inspectors, and people conducting personal business at the site.
If faulty equipment, supplies, or products used on the construction site were the cause of your injury, you could file a third-party liability suit against the manufacturer of that product. This would be in addition to your worker’s comp or personal injury claim.
If a personal injury on a construction site leads to the victim’s death, surviving family members can file a wrongful death lawsuit against the construction site. Additionally, if a defective product caused the death, your attorney may seek third-party liability compensation for your loss.
Construction sites are inherently dangerous. Because of this, the Occupational Health and Safety Administration (OSHA) has many regulations to protect employees and visitors to a construction site.
OSHA requires all construction site operators to provide safety programs to educate and protect their workers. This includes enforcing safety equipment, holding safety meetings, and using permits for handling dangerous materials.
Additionally, OSHA requires that construction site operators conduct regular inspections of equipment, supplies, and the physical site to ensure they are safe to use.
Common accidents that occur on a construction site include:
These are not the only accidents that can occur on a construction site. If you have been injured while working or visiting a construction site, speak with a construction site injury attorney.
Construction site accidents can be challenging when it comes to establishing fault. YOu will need to have a qualified attorney investigate the accident and determine the responsible parties. In some cases, multiple parties may be found responsible for the accident.
In most cases, the property or site owner has little responsibility for any accidents that occur during construction. Your lawyer will determine how involved the site owner was with the property and the construction of the building to determine if fault can be applied.
Contractors and their subcontractors must abide by all OSHA operating regulations. Failure to provide a safe working environment or follow safety protocol can be held liable for any accidents at the site.
It is unusual for any of these professions to be held liable for a construction accident. However, if it can be shown that their design was flawed, which led to the accident, such as structure collapse, they can be held liable.
Defective equipment or supplies can cause harm to anyone. If a defective product injured you, the manufacturer could be liable for the injuries. Additionally, anyone within the supply chain who knew of the product’s potential danger can be held liable.
Your steps right after an accident can impact your ability to file a compensation claim. If you have been injured at a construction site, you are encouraged to do the following:
It is crucial to file an accident report when you have been injured. If your injury is too severe to complete the report on-site, ensure that you complete one as soon as your injuries are stabilized.
Never assume that your injury is minor or that you are just “dumbed and bruised.” Your health should never be placed at risk. Have a medical professional check you to ensure you do not have hidden injuries like a concussion or internal bleeding.
Before you give an official statement to the insurance adjuster, you are encouraged to speak with an attorney. The insurance adjuster will say it cannot wait, but you are entitled to legal representation before issuing a statement.
You should refrain from posting anything on social media about your injury, your health, your treatments, your interactions with your doctors or lawyer, or anything negative about your employer. The insurance company will monitor your social media to find reasons to deny or devalue your claim.
If you need to speak with an attorney about your construction accident injury, click the “Find a Lawyer” button, and we will connect you with attorneys in your area that can help you with your compensation claim.
What You Should Know When Hiring A Personal Injury Lawyer
When you have been injured in an accident, your life instantly changes. Who will cover the medical bills and losses you have from the accident? What steps should you take to file a claim and seek compensation?
You could navigate these issues while recovering from your injury, or you can choose to speak with a personal injury lawyer. Working with a personal injury attorney can provide additional relief during this challenging time.
We encourage you to read the following information if you are considering hiring a personal injury lawyer. You will discover what to look for in a personal injury attorney, what personal injury lawyers can do for you, and how much their services cost.
There are times when a personal injury becomes a very complex issue. There may be multiple responsible parties for the accident, or the injuries are life-changing.
When this type of accident occurs, it will always be beneficial to have the assistance of a personal injury attorney.
Some types of personal injury cases where a lawyer would be most beneficial would include the following:
Injuries caused by medical professionals are very challenging cases. Injury victims need the experience and resources of an excellent personal injury attorney to help them build a solid case.
Catastrophic or life-changing injuries include but are not limited to traumatic brain injuries, paralysis, permanent disabilities, disfigurement, and loss of senses, such as blindness or hearing. These types of injuries often require lifetime care for the victim, and you will benefit from having an attorney manage your case to ensure a maximum compensation package.
Multiple or severe injuries may require extensive medical care and long-term healing treatments. Victims may be out of work for an extended time or unable to return. Much like catastrophic injuries, securing a maximum compensation package to cover the care of these injuries will be necessary.
If you have been injured by exposure to toxins in the workplace, you will need an attorney to help you build a strong case. Many toxic exposures can take years to show the side effects and injuries. An attorney who can thoroughly investigate your sickness and show when the injury occurred will benefit your case.
There are times when an insurance company refuses to pay for an injury or will deeply undercut the value of the settlement. You will benefit from legal representation if you have difficulty negotiating with the insurance company about your injuries and losses. In many cases having an attorney negotiate the compensation package will help you get all the compensation you are entitled to for your losses.
If you decide to help with your personal injury case, the next step will be finding the right attorney. It may take a little “shopping” to find the right attorney for your case. The best way to start is to get referrals.
An easy way to connect with a personal injury attorney in your area is to use the directory by Serve the Injured. We can connect you with local attorneys who can aggressively represent your case.
Your friends and family may have had previous experience with personal injury attorneys in your area. Ask around and see who they do recommend and who they do not.
Many areas have lawyer referral services managed by the State Bar Association. These services often refer you to firms instead of specific attorneys. It is important to understand that these services only require the attorney or firm to be in good standing with the Bar. They do not screen any of the attorneys that they recommend.
It is very important to interview an attorney before signing a formal agreement for them to represent your case. You want to ensure that you feel comfortable with the attorney and their goals for your case. Trusting your lawyer’s abilities is the only way to achieve your claim’s best possible outcome.
You should ask your attorney how they practice law and their expectations for you and your case. Some of the questions you should ask include the following:
Some attorneys will practice general law, handling any type of case that comes in. Some will specialize in areas of law, like personal injury law. You will want to work with an attorney that is dedicated to personal injury law so that you can benefit most from their experience.
When you file a compensation claim, you will be the Plaintiff. You will want to work with an attorney who has dedicated their practice to working for a Plaintiff. If your lawyer is used to working for the Defendant, in this case, the insurance company, they might not have the experience you need to win your case.
You should get a generalized opinion from your attorney about the value of your case. It is impossible to give an accurate figure, but their experience should give them a way to provide you with a generalized answer.
Your attorney should be able to provide you with detailed information on how they expect to get paid for their services and other related legal costs. Most personal injury attorneys work on a contingency basis, meaning they only get paid once the case settles. Ensure that your attorney explains their percentage and other costs for their services.
You should find out if your attorney will take your case to trial if the insurance company cannot reach a fair settlement. Some attorneys will not go to trial and want to settle for a lesser settlement. Always try to find a lawyer willing to take the case to court because you know they will fight hard for your case.
Part of a successful personal injury case is to know what the attorney expects from you as a client. When you ask your attorney questions about your case and their experience, make sure that you ask them what they expect from you as a client.
In most cases, your attorney will give you the following advice:
To keep your case moving along smoothly, your attorney will want you to respond promptly to any requests they have made. These requests may include records they need for your claim, pictures or other evidence, signed documents, or just a return phone call so that they can update you about the progress of the case. Delaying your responses can make your case take much longer to complete.
Try to avoid missing any medical appointments. Rescheduling appointments not only delays your case but signals the defense that your injuries are not as severe as you say because you can delay your appointments. Even if this is not the case, they will view missed appointments this way. If there is a valid reason that you have to reschedule an appointment, make sure that you document the reason why and notify your attorney. This way, there will be no questions about why the appointment was missed.
Part of the discovery process is providing the other side of the case with certain documents, signed legal forms, and participating in a deposition. Make sure that you are prompt in responding and that you prepare for the deposition. Your attorney can help you with what to expect during the questioning session. Make sure that you meet all deadlines and do not reschedule any meetings.
It is not unusual for clients to become anxious about their case and want to call the attorney for updates. The legal process does take time, and it can be frustrating if it feels like your case is standing still. Establish an arrangement with your lawyer on how and when to contact them for updates.
Attorneys that are working for the Plaintiff in a personal injury case will work under a contingency fee structure. This means they do not collect any fees for their services or related costs unless they win the case.
It is still important to ask the attorney how they will bill for their fees. There are three ways that they can bill:
If the personal injury attorney is working for the Defendant, the payment for their services comes from the insurance company. Even if the Plaintiff is suing a person individually for their case, the insurance company must cover the lawyer fees. This is known as the Duty to Defend.
Most Defendant attorneys bill on an hourly basis. These attorneys are generally on retainer for their services and then bill separately for costs and hours worked.
In most cases, the standard contingency fee for a personal injury case is between 30 and 33 percent of the settlement. If the case goes to trial, that fee can increase to as much as 40 percent. These fees do not include any other court or case-related fees.
It is essential to understand that the payment of these fees depends on the attorney winning the case and having a settlement issue. You will not have to pay the attorney fees if they do not win the case. However, you should find out if the attorney will expect you to pay any other case-related fees if the case does not win.
Every court case will have costs associated with it that are not considered lawyer fees. In a typical personal injury case, you can expect to see the following costs associated with your case:
Some fees must be paid to the court for filing a lawsuit. These fees will differ in each state. Additional fees for the process server applies. If the case goes to trial, there will be additional fees for the cost of jurors and possibly court reporting. Transcripts of any court report will cost an additional fee.
Administrative expenses will include everything from postage to making copies. If you have to request copies from medical providers, these costs will also fall under administrative costs. If there is travel involved need for displays or trial exhibits, these fees will also fall under administrative expenses.
Expert witnesses often play a large part in a personal injury case. For example, if you are a victim of medical malpractice, it will be necessary to have a medical expert testify how your injury is a result of negligence.
If you have a complex case, catastrophic injury, or are involved in a case that may have multiple defendants, the need for expert witnesses increases.
This cost will not apply to all cases. However, hiring an investigator or traveling to an accident scene is necessary to gather information. In that case, the costs for those tasks will fall under investigation costs.
A deposition is a legal proceeding where a person gives a sworn statement outside of court. The process requires a court reporter at the interview to document everything said during the questioning. The cost for the court reporter and any copies of the deposition, once it has been made into a transcript, can cost between $500 and $1,000.
Every court case will have associated costs; that is how the system works. Costs associated with filing a lawsuit, travel, and expert fees are all standard in a court case.
If your attorney tries to reduce costs for your case, they will not represent you effectively. The insurance company will question the case’s validity if no depositions or experts are called in to present evidence.
It is best to understand that costs are part of the process. Your attorney will keep these costs as reasonable as possible, so you can feel confident knowing you will not be overcharged.
A settlement check will be issued once your case has agreed on the compensation package. The insurance companies generally issue these checks about four weeks after the agreement to settle has been signed.
The check will be sent to you and the law firm representing your case. Your attorney will pay all your debts, such as medical bills and case costs, from the settlement check. They will also pay their legal fees from this check.
Your attorney will call you into the office for a final check. They will ask you to sign the check issued in both your and the law firm’s names. They will then write a new check to you for the remaining balance. The law firm will provide a full accounting of the expenses you paid.
Some law firms may retain a small portion of your settlement – from $50 to $200 for about six weeks. This ensures that any additional bills arising from your case are covered. The balance is automatically sent to you as soon as this time passes. If anything were paid from this retainer, a description of the expenses would be included.
Once you have accepted this check, the case is finalized. Your case is now over.
If you have been injured in an accident that was not your fault, it may be beneficial to you to speak with a personal injury attorney about your case. A personal injury lawyer can help protect your rights as a victim and represent your claim to the insurance company.
If you do not know where to start when looking for an attorney, let us help you. servetheinjured.com can connect you with local attorneys qualified to manage your personal injury case.
Personal injury claims are not cut-and-dry processes. They can be very complex issues, especially when serious injuries are involved. Don’t try to manage these claims on your own. Insurance companies are always looking for advantages to reduce compensation packages. Self-representing is usually one of their biggest advantages.
Speak with a personal injury lawyer today. Personal injury attorneys offer free consultations and will work on a contingency basis. This means no risk or money is involved in speaking with an attorney about your case. ServeTheInjured is here to help you find the right attorney for your personal injury compensation claim.