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.
Mesothelioma is a rare but deadly lung cancer primarily caused by inhaling asbestos fibers. This aggressive form of cancer affects the lining of the lungs and can be difficult to detect in its early stages. Unfortunately, there is no cure for Mesothelioma, and treatment options are limited.
Asbestos exposure is the only known cause of Mesothelioma, which makes it a preventable disease. In the past, asbestos was commonly used in various industrial and construction settings due to its heat-resistant properties. However, after the harmful effects of asbestos became known, this material was heavily regulated or banned in many countries.
If you or a loved one has been diagnosed with Mesothelioma, you may be entitled to compensation. Asbestos exposure can be linked to negligent behavior by employers, manufacturers, and other parties responsible for using and handling asbestos. Seeking compensation can help cover the cost of medical treatment, lost wages, and other expenses related to the illness.
It is essential to seek legal assistance from a qualified Mesothelioma lawyer with experience in asbestos cases. They can help you determine if you have a case and guide you through the legal process. Overall, it is essential to be aware of the risks associated with asbestos exposure and take necessary precautions to protect your health.
Two types of lawsuits can be filed for Mesothelioma: a personal injury lawsuit or a wrongful death suit.
If you have been diagnosed with Mesothelioma, you can file a personal injury lawsuit for your illness. This will be handled just like any other personal injury lawsuit. Your attorney will explain to you the process for making a Mesothelioma claim.
If your loved one has died from this disease, you can seek compensation for your loss. This will include costs for funeral and burial, lost income, lost companionship, and any remaining medical bills.
If your loved one files a personal injury claim and passes away, the estate can convert it into a wrongful death case.
Understanding that the Statute of Limitations applies to these cases is imperative. However, the limitation applies when you discover that you have Mesothelioma, not when you were exposed.
Most states have a two-year limitation for filing a personal injury claim. However, filing as soon as possible is important because some states have shorter periods than others for making a claim.
The Statute of Limitations for wrongful death claims is the same as personal injury cases in most states. Again, filing as soon as possible after the loss of your loved one will always be in your best interest.
Mesothelioma can take decades to develop to the point where the victim experiences symptoms. Because of this, it is necessary to have a “paper trail” to show when and where the victim was first exposed to asbestos.
After you and your attorney have established where the asbestos exposure occurred, your lawyer will file a lawsuit against the company. If the company has been through bankruptcy, has been closed due to asbestos cases, or is a government entity, your lawyer may be unable to file a lawsuit. Instead, they may have to file a claim against the asbestos trust fund.
A qualified Mesothelioma lawyer can guide you through the proper process so that you may claim your illness.
There are no real words to describe how you feel when you are diagnosed with Mesothelioma. Because this is such an emotional experience, many people do not consider filing a compensation claim.
However, it will always be in your best interest to seek compensation, if only to make your life a little easier.
Compensation ensures that your medical care is covered for treating Mesothelioma. You do not have to worry about outrageous medical bills for you and your family. Compensation can also cover your lost income, protecting you from financial problems while receiving care for your condition.
Mesothelioma lawyers work on a contingency basis. This means there are never any upfront legal costs for the victim or their families. Attorney fees and related costs are only paid when your case is settled.
By working on a contingency basis, everyone can receive quality legal representation regardless of their current financial standings. These attorneys understand that your sickness is preventing you from working, so they work on the contingency that they only get paid if they win your case.
These attorneys also understand that Mesothelioma can make it difficult to travel. Many lawyers are using video conferencing, electronic signatures, and other forms of technology to help ensure that these clients get the legal representation they need.
Every case is different, and it is tough to determine how long it will take to finish your case. If your health is doing poorly, your attorney will try to expedite the claim on your behalf. Sadly, it is a tactic of the defense to try to prolong a case as long as possible.
Your attorney will work with you to keep the process moving quickly. To better understand how long the case will take, speak with your attorney. They can answer you more precisely based on the facts of your case.
If you or your loved one has been diagnosed with Mesothelioma, there is no reason to delay speaking with an attorney. There is compensation available for your illness.
Click on Find a Lawyer to be connected to local Mesothelioma lawyers.