Wrongful Death

Wrongful death law is an area of law that seeks to provide financial compensation to the heirs of a person whose death was caused by the negligent, willful, or wrongful act, neglect, omission, or default of another.

It is difficult enough to cope with the death of a loved one, but when the death was caused by the negligence of another, the effects are intensified. Amidst the pain and sorrow, you know that an injustice has occurred, but you are not sure what your options are or where to begin. We can help.
 

Eligibility:

Whenever an individual is fatally injured due to misconduct or through the negligence of another person, company or entity, wrongful death occurs in a frequent basis. In such cases, immediate family members, including parents, spouses and children are almost always eligible to file claim. Minors may need an adult guardian to take the wrongful death lawsuit to court and additional family members, such as stepparents, grandparents and dependents, may also be permitted to file suit in some states.

Damages:

In addition to the severe emotional trauma often caused by a sudden death, there are other factors weighing on surviving dependents’ shoulder. Anticipated earnings until the expected time of retirement, as well as medical bills and other expenses are issues which need to be addressed. If an injustice has occurred, grief may be prolonged. Our wrongful death attorney will fight for your family's rights in court. Wrongful death claims seek compensation for families of the deceased to cover the following:

• General Damages

• Loss of Support or Companionship

• Lost Benefits

• Lost Inheritance

• Lost Wages Including Future Earnings

• Medical and Funeral Costs

• Mental Anguish

• Pain and Suffering

A "wrongful death" occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. Every state has a civil "wrongful death statute," or set of statutes, which establish the procedures for bringing wrongful death actions. An action for wrongful death belongs to certain persons identified by statute. In most states, such persons will include the decedent's immediate family members, such as surviving spouses and children, and sometimes parents or siblings. An attorney experienced in wrongful death law can explain all of the intricacies of these lawsuits and help achieve the best possible outcome for survivors.

Wrongful deaths are the result of negligence, carelessness, or an intentional or reckless act of another person or corporation. Some common causes of wrongful death are:

• Automobile accidents

• Bus accidents

• Construction accidents

• Death during a supervised activity

• Medical malpractice

• Motorcycle accidents

• Neglect or abuse on the part of a nursing home that results in decedent's death

• Occupational exposure to hazardous conditions or substances

• Plane crashes

• Product liability claims

• Train accidents

• Truck accidents

• Unsafe medical devices

A wrongful death claim is brought against a company or person that caused, in whole or part, by their conduct, the death of a loved one or family member.

A spouse and family relatives are usually entitled to be compensation for the loss of the love, affection, companionship, support, and services of the deceased for the period of their joint life expectancy. Others could also file lawsuits for wrongful death, as long as it is any person who believes he or she may be a survivor entitled to compensation because of a wrongful death.

The award and amount of damages depends on many factors such as the age of the deceased, the emotional loss, who the heirs are, the insurance coverage, and whether or not surviving family members were dependent upon the deceased for income for support. Also to be considered is the loss of companionship and loss of love and affection of spouse and children. Insurance companies want to limit their exposure or liability when a death occurs.

In a wrongful death claim, spouse or family relatives can recover the following expenses:

• Immediate expenses associated with the death, such as medical bills and funeral expenses.

• Loss of benefits caused by the victim's death, such pension plans.

• Loss of inheritance caused by the untimely death.

• Loss of victim's anticipated earnings in the future until time of retirement of death.

Federal laws and state statutes may limit the amount of time you have to file your wrongful death lawsuit. Don't delay. A full investigation of the facts and preservation of evidence are essential for filing a wrongful death claim. Time is of the essence.

If you or a loved one has lost a family member due to the neglect of another, then you may have a right to file a wrongful death lawsuit. Contact The Sheena Law Firm now to receive professional consultation.