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Wrongful Death

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Wrongful death law is designed to compensate for harm to a person resulting in death. A wrongful death lawsuit holds that the decedent was killed as a result of negligence or other liability, and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant's conduct. Each state in the United States has passed "wrongful death statutes" unique to its own jurisdiction.

In the loss of a loved one, these damages may be sued for by the deceased's estate or heirs. Medical bills - physician bills, hospital bills, therapy and ambulance bills - can be overwhelming, causing untold mental anguish for the family as well as the victim. Loss of income and loss of future income can be devastating for a dependant who is already suffering the emotional loss of a parent or guardian. Sometimes the financial hardship is such that they must abandon plans for education or give up the home they know.

A civil wrong, or a tort, is recognized by law as grounds for a lawsuit. Sometimes these wrongs are considered crimes and are punishable with imprisonment, but the primary aim of tort law is to provide relief through compensation to injured parties for the damages incurred. Among the types of recoverable damages are:

  • Loss of Earnings Capacity
  • Pain and Suffering
  • Reasonable Medical Expenses

They include both present and future expected losses.

A wrongful death action may able to recover damages such as medical & funeral expenses, the loss of victim's anticipated earnings in the future until the time of retirement or death, loss of pension benefits (or some inheritances) caused by the victim's death, pain and suffering or mental anguish to the survivors, loss of care, protection or companionship to the survivors.

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Get The Facts on
Personal Injury

Injuries to one's person can occur in numerous different ways. In addition to car & automobile accidents, there are many other examples of situations that would provide a legal basis for personal injury claims. These include negligence towards others, as in medical malpractice claims and patient neglect in nursing home and healthcare facilities. Additionally, any person or business can be negligent of adequatley maintaining their property which may result in slips and falls or other accidents; and criminal incidents that may occur because of negligent security. Also, people can be injured as the result of intentional attacks, such as in the cases of dog bites or assault and battery.

Injuries to property can happen due to theft/vandalism, embezzlement, and negligence, while injuries to one's reputation typically occurs as the result of libel or slander.

When a person suffers an injury to his person, rights, reputation, or property, they may be entitled to compensation and should consult a lawyer immediately. In addition to Personal Injury claims needing to be filed within specified time periods, over time, critical evidence can dissipate making claims harder to prove.

An injured party may be entitled to recover damages for loss of earnings capacity, pain and suffering, and reasonable medical expenses, including both current and projected future losses.


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