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.
The spinal cord is the bundle of nerves that runs through your backbone(spine) and is responsible for all your body’s functions. The nervous system carries messages from your brain to all body areas. Damage to your spinal cord can result in loss of bodily functions, paralysis, or loss of sensations.
These injuries are devastating to the injury victim and their families. Injuries to the spinal cord will require extensive therapies and life-long care. Families face extraordinary medical costs when caring for a spinal cord injury.
If your spinal cord was injured during an accident that was not your fault, you can seek compensation for your injury and losses.
Spinal cord injuries are always a result of a traumatic injury or blunt force contact to the spine. Car accidents, followed by falls, are the most frequent cause of spinal cord injuries. A tiny percentage of spinal cord injuries are attributed to violent acts, sports activities, or medically related injuries.
Spinal cord injuries can have significant and long-lasting impacts on individuals’ lives. As a result, lawsuits may arise in various situations where negligence or wrongful actions have led to such injuries. Here are some common scenarios where lawsuits may be associated with spinal cord injuries:
Spinal cord injuries often occur due to accidents, such as car crashes, slip and falls, construction site accidents, or sports-related incidents. In these cases, if the injury was caused by another party’s negligence or reckless behavior, the injured person may file a personal injury lawsuit to seek compensation for medical expenses, lost wages, pain and suffering, and other damages.
Spinal cord injuries can also result from medical mistakes, such as surgical errors, anesthesia errors, or misdiagnoses. If a healthcare professional’s negligence or failure to adhere to the standard of care caused the spinal cord injury, the affected patient may have grounds for a medical malpractice lawsuit.
Defective products, including medical devices, vehicles, or safety equipment, can sometimes lead to spinal cord injuries. In such cases, the injured person may pursue a product liability lawsuit against the manufacturer, distributor, or seller of the faulty product.
Spinal cord injuries can occur on the job, particularly in industries with hazardous conditions. Employees who sustain spinal cord injuries due to workplace accidents may be eligible to file a workers’ compensation claim, seeking benefits for medical expenses and lost wages. In some cases, if a third party (not the employer) was responsible for the injury, a personal injury lawsuit may be pursued against that party.
Property owners have a duty to maintain safe conditions on their premises. Suppose a spinal cord injury is caused by a dangerous condition, such as poorly maintained premises, inadequate security, or unsafe facilities. In that case, the injured party may bring a premises liability lawsuit against the property owner or manager.
Rarely, spinal cord injuries may result from intentional harm, such as assault, battery, or other criminal acts. In these instances, the injured party may file a civil lawsuit against the perpetrator seeking compensation for damages.
Comparative negligence is a defense strategy that the insurance company may use to show that the injury victim is partially at fault for their own spinal cord injury.
The insurance company may argue that the injury victim was not exercising reasonable care and caution when they suffered the spinal cord injury. They may argue that the victim’s actions contributed to the accident, and therefore, they are partially responsible for their injury.
This defense strategy is commonly used to reduce the compensation the insurance company must pay.
Accepted risk is another defense strategy that insurance companies may use to avoid paying spinal cord injury claims.
The insurance company may argue that the injury victim knew of the potential risks associated with a particular activity and assumed the risk.
This defense strategy is commonly used in cases where the injured victim participates in high-risk activities such as skydiving, bungee jumping, or extreme sports.
If the insurance company can successfully prove that the injury victim accepted the risks associated with the activity, they may not be liable for the injury victim’s spinal cord injury.
Other common excuses insurance companies make to avoid paying spinal cord injury claims to include disputing the injury’s severity or the cost of the required medical care and therapies.
The insurance company may argue that the spinal cord injury is not as severe as the injury victim claims, and therefore, they do not need as much medical care and therapies as they request.
The insurance company may argue that the medical care and therapies are unnecessary or too costly. In these cases, the insurance company may attempt to negotiate a lower settlement with the injury victim, leaving them with insufficient compensation to cover their needs.
It is essential for injury victims with spinal cord injuries to seek the assistance of an experienced personal injury attorney to protect their rights and secure the compensation they deserve.
An experienced attorney can help injury victims gather the necessary evidence to prove liability, establish the full extent of their injuries and the costs of their medical care and therapies, and negotiate a fair settlement with the insurance company.
Spinal cord injuries can devastate an injury victim’s life, and insurance companies are often aggressive in their efforts to avoid paying claims for these injuries.
It is crucial for injury victims to be aware of the common excuses insurance companies make to avoid paying claims and seek legal representation to protect their rights and secure the compensation they deserve.
One of the tactics that the insurance company will try to use is comparative negligence. They will look for ways to show that the injury victim was partially responsible for the accident or injury.
Suppose they can show that the injury victim was even partially at fault for the accident or injury. In that case, they can significantly reduce the claim’s value or deny it altogether.
The insurance company may try to say that the injury victim willingly accepted risk in participating in an activity, such as rock climbing. Therefore they are not obligated to cover the injury.
Having a spinal cord injury attorney manage your compensation claim can help you avoid complex issues like these with your case.
When a person has been injured in an accident that was not their fault, they have the right to seek damages from the responsible party. These damages include economic and non-economic forms of compensation.
When an injury includes a spinal cord, it is easy to understand that the compensation package will be much larger than other types of injuries. This is because most spinal cord injuries require lifelong medical care and loss of earning capacity.
If you have been involved in an accident that has damaged your spinal cord, you may be entitled to one or more of the following types of compensation:
Additional forms of compensation may be available to the injury victim based on the facts of their case. Speaking with an attorney will help establish the types of compensation that apply to your claim.
Spinal cord injuries are catastrophic events that will change the injury victim’s life. Insurance companies will be very aggressive about these types of claims, and it will always be in the injured party’s best interest to have legal representation for their claim.
To get help with your case, click “Find a Lawyer,” and we will connect you with attorneys who manage spinal cord injury claims. You do not have to face the insurance companies on your own. Schedule a free case evaluation today.
There is no denying that driving a motorcycle is a unique and exhilarating experience that any other mode of transportation cannot replicate. The feeling of the wind rushing past you and the freedom of the open road are reasons so many people are drawn to riding motorcycles.
However, it’s essential to acknowledge the potential risks and dangers associated with motorcycle riding. Motorcycles lack the safety features of passenger vehicles, such as airbags and seat belts, leaving riders more vulnerable to injury in the event of an accident. The lack of protection can also make motorcycle accidents more severe and potentially catastrophic.
In the unfortunate event that you are involved in a motorcycle accident, it’s crucial to seek the advice of a qualified motorcycle accident lawyer. An experienced attorney can help you navigate the complex and often challenging legal process, as well as help you secure the maximum compensation for your losses.
This compensation can help cover medical expenses, lost wages, and other damages from the accident. Having someone on your side who can advocate for your rights and help you achieve the best possible outcome in your case is essential. So, if you’ve been injured in a motorcycle accident, don’t hesitate to seek legal assistance from a qualified attorney.
A motorcycle accident can happen for any reason. However, some actions cause more motorcycle accidents than others. The most common reasons for a motorcycle accident include the following:
Any accident is a traumatic event. It is easy to panic and not know what to do. If you have been involved in a motorcycle accident, you are encouraged to take the following steps:
Even if you are involved in a minor accident, you should always notify emergency services. This ensures that an official report is made of the accident. Police reports contain vital information about your accident and can be crucial to your compensation claim.
Go immediately to the emergency room to be evaluated by a doctor. Even if you feel your injuries may not be significant at the accident scene. Never gamble with your health. A medical evaluation can find injuries that are not visually apparent such as fractures, concussions, and internal injuries.
As soon as your injuries have stabilized, you should take the time to document everything you remember about the accident. Include everything you saw prior to the accident, weather, and road conditions. Nothing is too minor to include.
If you could take pictures or gather evidence at the scene (if your injuries are allowed), you will want to include this information with your documents. All of this information will be used with your compensation claim.
Before you give an official statement to the insurance company about the accident, you will want to speak with a motorcycle accident lawyer. Why? Because the official statement you give will be crucial to your compensation claim. Insurance adjusters have a way of asking questions or interpreting answers in a way that delays, diminishes, or denies claims, so it is significant to know how to answer questions in a manner beneficial to your claim.
When you make a compensation claim, it is always in your best interest to “go dark” on social media after an accident. The insurance companies will monitor your pages to find evidence that your injuries are not as severe as you claim.
If you must stay active on social media, do not post anything about your accident, injuries, recovery, interactions with your doctor or lawyer, or anything negative about the other party or insurance company. Do not post photos, even “throwbacks,” until your claim is closed.
If you have been injured in a motorcycle accident that was not your fault, you have the right to seek compensation from the at-fault driver. Motorcycle claims can be complex issues, and insurance companies often try to blame the motorcyclist for the accident. The best way to protect your rights is to have legal representation.
One of the most significant benefits of having an attorney manage your claim is that they understand personal injury laws and are familiar with insurance company policies. This advantage ensures you will receive all of the compensation you are entitled to under the laws of your state and the terms of the insurance policy covering the accident.
Your attorney will have access to resources you will not have if you manage your claim alone. Some of these resources include accident investigators and expert witnesses.
Your attorney has dedicated their profession to helping those who the negligence of other people has injured. They understand what these injuries have done to your life and are there to ensure justice is served. It is always beneficial to take advantage of this experience and dedication.
Part of the compensation process is negotiating a settlement. Your attorney will have the experience and skills to negotiate a fair and complete settlement. Your lawyer will know if all forms of compensation are included in the insurance company’s offers.
If the insurance company is unfair to you, or a realistic settlement offer cannot be reached, your lawyer can take your case to trial. While less than five percent of all personal injury claims go to trial, it is vital to have that option available to make the insurance companies treat you fairly.
It is not unusual for someone involved in an accident to face financial strains. Medical bills and missed time at work can quickly make things tight financially. Many people think they cannot afford legal representation for their compensation claims because of this situation.
Personal injury attorneys work on a contingency basis. This means you never have to pay for their services or other associated legal fees until your case settles. Once it settles, the costs for your legal services are deducted from the settlement.
Working on a contingency ensures that everyone has access to legal representation during their time of need.
When you schedule a free consultation with an attorney, they will explain their fee structure. Once you agree to these terms, your attorney will begin preparing your claim for compensation immediately.
Are you ready to speak with an attorney about your motorcycle accident and injuries? If you want to be connected with a motorcycle accident lawyer in your area, please click the “Find A Lawyer” button, and we will connect you with local attorneys to manage your motorcycle accident 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.