Understanding Wrongful Death Claims

When a wrongful death claim is filed, it is understood that the death was caused by the injury sustained due to the negligence or liability of another party. The survivors will then bring the lawsuit against the defendants and will seek monetary compensation for the losses incurred. With each state having its own and specific set of statute of limitations that will determine the eligibility of each wrongful death claim, it is best to get legal advise from a personal injury attorney to validate your claim and help you weigh your options and provide you with the best solution to get the best possible result for your claim.

The laws on wrongful death resulting from personal injuries vary from state to state. Some states entitle the next of kin to file the lawsuit in their own names following the death of the decedent. The individual beneficiaries in question are usually the spouse or children, and some states also designate parents as claimants. Most states will not honor others as claimants other than the spouse, children or parents unless the scope of the state's wrongful death act has been expanded to includes other dependents, such as siblings or other members of the extended family.

It is not necessary that defendant's conduct be the only cause of death. Liability can be contributory, as generally accepted in tort laws. Once the defendant is found accountable and legally liable for the death of a person, the claimants may then recover the cost of damages that include the deceased's medical expenses and treatment, funeral and burial expenses, lost wages and lost future earnings, health insurance coverage, and other general and punitive damages. The claimants may also be able to recover other damages arising from pain and suffering or mental anguish caused by the death of their loved one.

A wrongful death claim can be very overwhelming, as the emotional drain that the claimants go through gets very stressful. In order to alleviate that stress, the best course of action is to get legal counsel from an experienced attorney that handles wrongful death claims. This way, you avoid all the red tape that comes from the complex procedures and paperwork. A wrongful death claim also gets complicated by virtue of calculating the total amount of claim that the beneficiary can get. The total amount of loss is calculated based on the life expectancy and work life expectancy of the deceased, plus many other factors. Therefore a personal injury attorney will be in the best position to calculate the total amount of loss incurred to which the claimants are entitled.

Article Source: http://EzineArticles.com/603995

Information on Virginia Wrongful Death Law

Losing someone you love is one of the most difficult and gut-wrenching experiences a person can experience. This is especially true when you lose a loved one in a sudden accident or due to an unexpected reaction to a prescription drug or other product. In the blink of an eye, a person's life can be changed forever.

If you are interested in pursuing justice against the at-fault person or company, Virginia (VA) has laws stating that a person or corporation who negligently killed a person should be held responsible for the harms and losses their negligent actions produced. Sections 8.01-50 through §8.01-244 of the Code of Virginia set forth the rules for bringing wrongful death claims.

Among the most important legal rules in VA is that a wrongful death lawsuit can only be filed by a personal representative of the estate of the person killed wrongfully. In addition, more than one person or company can be named as defendants in a wrongful death lawsuit.

For example, if your loved one was killed in a car wreck and there is the possibility that both the at-fault driver (let's say they were speeding) and a mechanical issue (i.e. defective brakes) were the cause, then we could potentially file a wrongful death suit against both the driver and the manufacturer of the car.

Under the law, the personal representative and the beneficiaries who will receive any money recovered in the case can be the decedent's husband, wife and/or children. If no such relatives survive, the parents, brothers and/or sisters of the wrongful death victim can be recognized by a court as the persons who get the money from the lawsuit.

Wrongful death claims permitted under the law include payments for: (1) medical treatments administered before the victim was killed, (2) funeral bills and (3) loss of future income for individuals who were financially dependent on the deceased person.

Monetary awards can also be pursued for loss of companionship and loss of care, love, guidance and advice. In certain circumstances, there can even be damages for punishing a wrongdoer whose conduct in causing or contributing to the wrongful death was reckless. These are called punitive damages and are meant to send a message to the at-fault party, and the community at-large, that the reckless behavior which caused the death of your loved one is unacceptable and will be punished harshly.

Article Source: http://EzineArticles.com/6339067

Should You File A Wrongful Death Claim?

Dealing with the loss of a loved one is always a difficult experience. This is especially true when the death could have been prevented without the negligence of another party.

No amount of money can ever replace the absence of a loved one. But it can help ensure the financial security of the loved one's family, allowing them to focus more on the process of grieving and coping with the changes in their lives.

Wrongful death claims allow plaintiffs to hold the person responsible for the death of their family member accountable for their negligent actions by holding them financially accountable. The notion behind wrongful death lawsuits is that the party responsible for the victim's death also injured the those related to the victim by taking away an individual upon whom they depended for emotional and financial support.

A fatal car accident injury, failure to diagnose a fatal disease, industrial accidents and defective products are a small percentage of situations that could be potentially classified as a wrongful death.

Before filing a claim, the following requirements must be met: Proof of death, evidence linking responsibility of the death to another party and proof the family is suffering emotional, financial or traumatic distress from the loss.

It is also vital to determine whether the claim fits within the statute of limitations for wrongful death claims, which varies according to the state. In Ohio, most claims for bodily injuries have to be filed within two years of a person's passing. However, the length and start of a statute of limitations for other types might differ depending on the cause of death. Families believing their loved one is a wrongful death victim are advised to promptly file their claims to avoid any statute of limitation issues.

Financial compensation includes damage of property, medical expense reimbursement for services provided to the victim, future income loss and loss of companionship. In Ohio, the surviving spouse, children and parents of victims are eligible to receive monetary damages from awarded claims.

In summation: In order for the wrongful death case to stand up in court, four elements must be met for claims: The victim's death was caused by another party; the death resulted from the responsible party's negligence; the death is affecting family members filing the claim; and the death of the victim has resulted in some form of monetary damage for the family.

Consult a wrongful death attorney for more in-depth information and a consultation.

Article Source: http://EzineArticles.com/5414679

What is a Wrongful Death Case in California?

A wrongful death case is a case where a person dies due to the intentional or negligent act of another, or entity. The law allows relatives, domestic partners, and persons who depend upon the wrongful death victim for support to sue for wrongful death. The issue of who can sue for wrongful death is covered below.

Wrongful death cases are traditionally amongst the most emotionally charged cases in personal injury.

Wrongful death cases can take many forms. For instance; a loved one could be killed in a car or motorcycle accident that was not their fault; a loved one may have been killed due to excessive use of force by the police or a private security agency; a loved one may have been killed due to a dangerous condition on public or private property, including defective roads or improperly placed road signs; a loved one may have been killed due to the defective construction of a building on real property; an unborn child may have died due to the negligence of a doctor, or due to an assault and battery on the mother; a loved one may have been killed due to a defective product, or negligent repair.

A wrongful death case can arise when someone was injured in an accident, and then subsequently dies as a result of their injuries.

TIME LIMIT TO FILE A LAWSUIT FOR YOUR WRONGFUL DEATH (CALIFORNIA STATUTE OF LIMITATIONS)

The present Statute of Limitations for filing a lawsuit for wrongful death in the State of California is two (2) years from the date of the accident or incident causing the wrongful death. If you do not file a lawsuit within two (2) years, you lose your right to sue! CCP § 335.1

There are exceptions to the above rule if the wrongful death was caused by the negligence of a doctor or health care provider, or due to building defects.

If the defendant to the wrongful death action is a governmental entity, a claim must be filed with that governmental entity within 6 months from the date of the accident. If the entity rejects the claim, you must then file a lawsuit within six months from the date of the rejection.

WHO CAN SUE FOR WRONGFUL DEATH

A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the victims personal representative on their behalf:

(a) The victims surviving spouse, domestic partner, children, and offspring of deceased children, or, if there is no surviving children of the victim, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the victim by intestate succession (a person dying without a will).

(b) Whether or not qualified under (a) above, if they were dependent on the victim, the putative spouse, children of the putative spouse, stepchildren, or parents. 'Putative spouse' means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the victim was valid.

(c) A minor, if, at the time of the victims death, the minor resided for the previous 180 days in the victims household and was dependent on the victim for one-half or more of the minor's support.
As you can see, there are many people that may qualify to sue for wrongful death. Our law firm handles wrongful death cases, and can tell you whether or not you have the right to sue for wrongful death.
Compensation That You Are Entitled To In a Wrongful Death Case WRONGFUL DEATH DAMAGES
Financial Support - The financial support, if any, that the person who was a victim of wrongful death would have contributed to the family during either the life expectancy that the victim had before [his/her] death or the life expectancy of the person who is suing, whichever is shorter.

The Loss of Gifts and Benefits - The loss of gifts or benefits that the person who is suing would have expected to receive from the victim of a wrongful death.
Funeral and Burial Expenses - The cost of funeral and burial expenses.
The Reasonable Value of Household Services - The reasonable value of household services that the victim would have provided
The loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support that the victim would have provided.
The loss of the enjoyment of sexual relations with the victim.
The loss of training and guidance of the victim.

PUNITIVE DAMAGES

Punitive damages (punishment damages) are awardable to the victims estate in an action by the estate representative based on the cause of action the victim would have had if he or she had survived. an example of a case or the estate of a victim can sue for wrongful death with punitive damages would be intentional homicide.


Article Source: http://EzineArticles.com/384037

An Overview of Wrongful Death Laws and California Wrongful Death Attorneys

Wrongful death claims are based on the death caused by someone else's lack of carelessness or another's intentional infliction of physical harm. Death claims can be caused and often are caused by commercial truck accidents, but they can be caused under many different circumstances. They can be caused by electrocution when someone leaves live electric wires exposed, it can be caused by the careless discharge of a gun, it can be caused in motorcycle accidents, by dog attacks, and by medical doctors as well. Surprisingly medical doctors cause an extraordinarily large number of deaths.

Serious injury and wrongful death attorneys in San Diego, California and throughout the state, and probably the whole country, file suits on behalf of families of the deceased against all culprits. The defendants are often just the perpetrator, but sometimes the defendant includes another party. Usually the second party is the person who entrusted the perpetrator with a vehicle or something else that led to the incident. When a commercial truck is involved a second party besides the driver is often the employer. Usually it is a natural person, but sometimes it is a corporation or other business entity. Sometimes the defendant is a government agency such as transit agency. An employee is acting for the employer and unless the act is intentional, the employer is responsible.

These type of cases are all actionable, meaning a lawsuit can be brought for money damages or wrongful death compensation. Initially most families don't even consider filing a lawsuit, because of the grief these types of events bring. Many families are also disappointed to find that in most cases there is no criminal prosecution. Even death caused as a result of operating a vehicle while under the influence of drugs or alcohol is prosecuted, and if prosecuted the penalty is minor.

In my experience and in conversations with wrongful death attorneys from San Diego County, a second big problem for the families of the deceased is the lack of insurance coverage for the wrongful acts of the defendant. A Ramona wrongful death attorney complained about the frequent serious injury accidents and wrongful death cases resulting from uninsured or poorly insured drivers. Another from the Coachella Valley, California with cases from Mecca and Thermal reported the same thing.

Sometimes even when commercial vehicles are involved there is no insurance coverage. There was one instance when a bus operator collided with a small vehicle in Carlsbad, California he had no insurance at all. The operator of the bus had no assets and there was little recourse to the families of the deceased. A vista wrongful death attorney reported a similar incident where the defendant was driving under the influence and the insurance on the vehicle had expired and therefore there was no coverage. A San Marcos California wrongful death attorney that practices medical malpractice cites the caps on medical malpractice lawsuits as big problem.

Ironically health care costs continue to rise despite the caps on medical malpractice lawsuits. California has a cap of $250,000, which is adding insult to injury to a family that may have no only companion, husband, and father of children, but who may have lost their sole provider and will now suffer economically. There are no caps in cases involving car accidents or truck accidents or even wrongful death from dog attacks, but California only requires $15,000 insurance coverage and similar coverage exists throughout the country. The small amounts of coverage are clearly insufficient to be of any help to a struggling family, especially when there are children involved.

A third problem is the statute of limitations, especially when the defendant is a government agency. In California the families, must file a claim very quickly, because the time limit is often as little as six months. These rules are truly unfair to the families of the deceased, since most families are still grieving six months down the road and often have not even considered filing a lawsuit. Families of the deceased should contact an attorney right away, especially when there are children that were dependent on the deceased.
A wrongful death attorney is usually not an attorney limited to wrongful death cases, but rather one that practices wrongful death and personal injury, and sometimes another area of law. Most wrongful death attorneys handle cases throughout their state and sometimes go into neighboring states.

There are many factors to consider in choosing a wrongful death attorney and there are many ideas as to how to best select an attorney. My past clients have had the greatest degree of dissatisfaction with wrongful death attorneys, and serious injury truck accident attorneys, when they obtained the attorneys after viewing their TV commercials. Many of my clients that changed attorneys and came to me reported that these law firms were very busy, and that they never spoke with an attorney or that they spoke with an attorney for less than 10 minutes during the entire course of representation. Attorneys are generally busy, but most cases require some degree of communication and should not be too sheltered by paralegals and secretaries.

Clients that initially sought help at large law firms reported the same type of dissatisfaction, once again reporting that these attorneys were too sheltered by paralegals and secretaries. Interestingly I have not had any clients come to me because they felt their former attorney was too inexperienced.


Article Source: http://EzineArticles.com/502522

An Overview of Wrongful Death Under California Personal Injury Statutes

People outside the legal community harbor many misconceptions about California personal injury statutes, California wrongful death statutes and other aspects of the law. Legislators in California and elsewhere write laws with a language all their own, containing Latin phrases, industry-specific usages of common words, long, rambling explanations and codicil that make them devilishly difficult for laymen to understand. This is one of the reasons why people seek the counsel of a personal injury lawyer or a legal professional practicing in another specific field of law.

A simplified definition is that wrongful death occurs when negligence or another type of unjust action on the part of a person or another type of entity results in the death of a person, referred to as a decedent. California wrongful death statutes state that the decedent's survivors, living dependents and/or beneficiaries can recover monetary damages through wrongful death lawsuits in certain situations. As always, the devil is in the details as the phrase "in certain situations" guarantees liberal, and sometimes confounding, use of the aforementioned codicil lawmakers love so much. However, these details are necessary to define specifically when people can pursue a wrongful death claim in order to prevent frivolous litigation and other abuses of the legal system.

Perhaps the instructions provided to juries in wrongful death cases illustrate the best overview of California wrongful death statutes. There were revisions to these instructions in January 2006. They are referred to as CACI 3921: Wrongful Death (Death of an Adult):

If you decide that [name of plaintiff] has proved [his/her] claim against [name of defendant] for the death of [name of decedent], you also must decide how much money will reasonably compensate [name of plaintiff] for the death of [name of decedent]. This compensation is called "damages."
[Name of plaintiff] does not have to prove the exact amount of these damages. However, you must not speculate or guess in awarding damages.
The damages claimed by [name of plaintiff] fall into two categories called economic damages and non-economic damages. You will be asked to state the two categories of damages separately on the verdict form.
[Name of plaintiff] claims the following economic damages:
1. The financial support, if any, that [name of decedent] would have contributed to the family during either the life expectancy that [name of decedent] had before [his/her] death or the life expectancy of [name of plaintiff], whichever is shorter;
2. The loss of gifts or benefits that [name of plaintiff] would have expected to receive from [name of decedent];
3. Funeral and burial expenses; and
4. The reasonable value of household services that [name of decedent] would have provided.

This is only a portion of the complete text of CACI 3921, and juries have many, many other factors that they must consider when debating the merits of wrongful death cases and which, if any, damages can and will be awarded.

California wrongful death statutes of limitations vary depending on the specifics surrounding the death and the status of both plaintiffs and defendants. However, the statute of limitations for a wrongful death in California is usually two years from the date of the death with exceptions for cases involving medical malpractice, government entities, whether or not the injured is a minor and many other specific circumstances. The excerpts provided in this article only hint at the complexities of California personal injury statutes. A more thorough overview would include lots of exemptions, clarifications and long lists of the aforementioned codicil. Suffice it to say that when people believe they have a valid wrongful death claim, their first step is consulting with an experienced personal injury attorney who can explain complex California wrongful death laws in language that is clear and simple.

Mr. Habbas graduated from the University of California Irvine with a Bachelors of Arts degree in political science. He obtained a JD from The Whittier School of Law where he graduated cum laude

Article Source: http://EzineArticles.com/5341663

Wrongful Death Lawsuits and Damages

The loss of a family member is impossible to quantify. It involves no only considerable financial losses, but the emotional devastation caused by the loss of a family member cannot be articulated. While wrongful death lawsuits are intended to provide financial compensation to the families of victims of wrongful death, it is difficult to state just how much these individuals should receive in damages from the person or entity responsible for their loved one's death.

Although winning a wrongful death lawsuit can never erase the pain of losing a loved one, it can help ease the financial pain felt by family members as well help them feel a greater sense of justice concerning the death.
In wrongful death lawsuits, the families of the deceased may site a number of different types of damages. The damages that can be declared vary greatly from state to state, but may include:

• Any hospital expenses, home care or other medical expenses resulting from medical care for the victim prior to the death.
• Sorrow and mental anguish caused by the loss of companionship felt after the death
• Compensation for loss of income that was brought in by the victim
• Loss of services, protection, care or assistance which were provided to beneficiaries by the victim
• Loss of future earnings that would have been made by the victim
• Loss of medical benefits
• Loss of inheritance
• Pain and suffering
• Funeral expenses up to a certain point

Wrongful death lawsuits are typically very difficult for families to participate in as the wound of the death is often still very fresh, but in the long run they can help out immensely with the staggering costs that accompany unexpected deaths.


Article Source: http://EzineArticles.com/4567973