Securing justice in all forms of life-altering injury and wrongful death claims.
Frequently Asked Questions
Some common questions regarding wrongful death and personal injury claims.
What is a wrongful death claim?
A wrongful death claim is a legal action brought by the surviving family members or the estate of a person who has died due to someone else’s negligence, recklessness, or intentional misconduct. The purpose of the claim is to seek financial compensation for the losses suffered by the deceased’s loved ones. Common causes include car wrecks, medical malpractice, and unsafe properties.
What types of damages are recoverable in a wrongful death lawsuit?
Damages in a wrongful death lawsuit can include value of life, funeral and burial expenses, lost income and benefits, pain and suffering, and loss of companionship.
How long do I have to file a wrongful death or personal injury claim?
The statute of limitations varies by state; contact us to get advice for your specific circumstance.
What do I need to prove in a wrongful death action?
To succeed in a wrongful death lawsuit, four elements must be established: duty, breach of duty, causation, and damages. First, prove that the defendant had a duty to ensure safety, such as a driver’s responsibility to follow traffic laws. Then, demonstrate that this duty was breached by negligent actions, like speeding. Next, show that this breach directly caused the death of your loved one. Lastly, outline the damages incurred, including emotional suffering and loss of companionship, to establish the impact of the wrongful death.
What is a personal injury case?
A personal injury case arises when someone is injured due to another party’s negligence. Examples include car accidents, slip-and-fall incidents, defective products, and medical malpractice.
What compensation can I receive in a personal injury case?
You may be able to recover damages for medical expenses (past and future), medical expenses (past and future), lost wages and loss of earning capacity, pain and suffering, and property damage. Depending on which state’s laws apply, you may also be able to recover punitive damages.
What should I do immediately following a wreck to support my personal injury claim?
You should seek medical attention, document the accident scene and your injuries, collect witness information, and avoid discussing fault.