WRONGFUL DEATH LAWYER

A Wrongful Death Lawyer is a personal injury attorney who brings a lawsuit on behalf of the family or beneficiaries of a deceased person under the laws of his or her state. Wrongful Death occurs when a person dies due to the negligence of another, usually in connection with a car accident or other auto accident, workplace accident, and medical malpractice or doctor negligence.

Definition of Wrongful Death

A wrongful death claim is a suit filed by a wrongful death lawyer that arises from the death of an individual that was caused by the conduct of another. This lawsuit is different from other types of personal injury claims because the actual victim (the "decedent") is not bringing the lawsuit, rather it is the family members or the decedent's estate. As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family and/or estate have suffered due to the death of the victim. The purpose of a wrongful death suit is to provide relief to family members who have been injured emotionally and financially as a result of the family member's death.

Requirements of Wrongful Death Law

To file a wrongful death lawsuit under state laws, you generally must show that:

• The death of a person was caused by a wrongful act, neglect or default;
• The act, neglect or default would have entitled the injured person to file an action to recover damages had the death not occurred;
• There are surviving beneficiaries, children, or dependants of the victim; and
• Monetary damages have resulted from the decedent's death.

Filing a Wrongful Death Lawsuit

Various state laws make a distinction between persons who can file a wrongful death lawsuit and persons who are beneficiaries. In some states, only certain individuals can file wrongful death claims, and those that are allowed to sue do so on behalf of others. It is important to contact an experienced wrongful death attorney who is familiar with your local laws and regulations.

Damages in a Wrongful Death Claim

Amount of Damages

Damages in wrongful death cases are intended to compensate for losses resulting from the death of a family member. Some losses are measurable - a widow in a wrongful death suit, for example, could seek to recover the financial support that she would have received had her spouse lived. Other damages are more general in nature. Types of recoverable damages include:

• Direct Expenses- medical bills and funeral cost.
• Loss of Benefits- what the person could have received in pension/retirement benefits had they lived.
• Loss of Future Earnings- what the person who died would have earned in salary if he or she had lived.
• Loss of Companionship- what the person who died would have emotionally provided to a relationship, and the mental pain and suffering resulting from the decedent's death.
• Punitive Damages- what amount the defendant should be punished for his or her action resulting in the victim's death.

It is common to take the victim's earnings at the time of his or her death and calculate the remaining years until retirement (or expected death) to determine future loss of earnings. Because most wrongful death damage awards are paid in a lump sum, a beneficiary essentially receives the total amount of earnings and benefits the decedent would have made over the course of his/her life, reduced to a single amount which is discounted to present dollars.

It is essential to contact a Wrongful Death lawyer who can take measures to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations.

The Wrongful Death Lawyer you will contact here handles cases on a contingent fee basis, which means that you pay no attorney's fee unless the case is successful. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

INJURYFIRMS.COM: WRONGFUL DEATH LAWYER