what is personal injury attorney for wrongful death

Wrongful death cases are a segment of a personal injury claim. A personal injury lawyer or yourself need to confirm that your loved one died due to a negligent party. You need to prove that the other entity or person failed to use reasonable care.

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Sometimes the guilty party (or their insurance company) will recognize the pain & damages caused & make a fair settlement offer to a personal injury victim or the family of a wrongful death victim who is not represented by an attorney. However, this is very rare.

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In a personal injury or wrongful death case, the hours, days, weeks, & months following the accident are extremely important. In addition to treating your injuries and trying to handle the new stresses you’ve unexpectedly suffered, you want to make sure that everything possible is being done to protect your legal rights and ability to get justice.

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We have extensive experience representing individuals who have been seriously and catastrophically injured. We take only the most significant cases because we understand the time and attention required to handle these cases. We monitor medical care and work with medical treaters to assess future medical needs.

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Personal injury claims include auto or truck collisions, defective products, defective medical devices, dangerous drugs, dangerous conditions on property, and numerous other conditions or activities that cause harm.

Our Experience with Personal Injury and Wrongful Death Litigation

Our trial lawyers have decades of experience representing injured people. We shoulder the burden of dealing with insurance companies and health care providers who will not provide adequate and necessary treatment.

Who can File a Wrongful Death Action?

Different states have different methods for deciding who may file a suit or recover damages for wrongful death. Generally, to have valid grounds for a wrongful death claim, it must be shown that:

When Will a Defendant be Liable for Wrongful Death?

A defendant is only held liable for wrongful death if the defendant owed a duty of care to the victim and if the defendant's conduct is proved to be the cause of the death.

What is a Wrongful Death Claim?

Wrongful death is the legal term used when someone, by action or by failure to act, causes the death of another person. Wrongful death suits are brought as a civil action separate from any criminal charges that may be pursued. As a deceased person cannot pursue compensation for himself or herself, the law permits the victim's family or estate to bring a civil lawsuit to collect damages on their behalf. The intent is to provide fair compensation to family members who have suffered either financially or emotionally due to their loved one's fatal accident. Damages or the court awarded compensation, are assessed by calculating the loss of wages and benefits, loss of companionship, emotional pain and suffering, and punitive damages.

What Types of Damages are Awarded in a Wrongful Death Claim?

Because damages may be awarded for several different reasons, it is important to examine each individual legal claim carefully. The most obvious losses incurred in a wrongful death case are the concrete costs like medical expenses, funeral expenses, burial costs, and other expenses. These are relatively easy to determine.

What is it like to lose a loved one?

Unexpectedly losing a loved one is a deeply traumatic experience for any family. When this devastating loss was preventable and caused by the negligence or wrongful acts of another, the family's grief and suffering may be even greater.

Can I Afford to Consult a Wrongful Death Attorney?

If you or someone you love has suffered as a result of wrongful death, contact the experienced personal injury lawyers at The Rothenberg Law Firm LLP for a free case evaluation by filling out a contact form online at InjuryLawyer.com or by calling our phone number, 1-800-624-8888. The initial consultation is FREE of charge. If we agree to handle your case, we will do so on a contingency fee basis. There is no legal fee unless we are successful in getting you money.

What does it mean to hire a wrongful death attorney?

Hiring a wrongful death attorney to help with the legal proceedings means you don’t have to go through the process alone.

Who Can File a Wrongful Death Lawsuit?

Wrongful death lawsuits must be filed on behalf of the survivors of the victim. Those survivors must show they suffered damage as a result of the death.

What is Wrongful Death?

Wrongful death occurs when a person’s death was caused by the negligence, carelessness, or misconduct of another person or organization. There are a variety of situations that can result in a wrongful death lawsuit being filed:

What is the Wrongful Death Statute of Limitations?

In California, the wrongful death statute of limitations varies between two and three years, depending on the circumstances. In most wrongful death claims, the statute of limitations is two years.

What Damages Can I Seek in a Wrongful Death Lawsuit?

There are two types of damages that can be recovered in a wrongful death lawsuit. These include economic and non-economic damages.

How long is the statute of limitations for wrongful death?

In most wrongful death claims, the statute of limitations is two years. In medical malpractice cases, the wrongful death statute of limitations is three years from the time of the harm or one year after the plaintiff knew or should have known about the harm.

What happens when someone dies unexpectedly?

The unexpected death of a loved one is devastating, and when that loss is caused by someone else’s carelessness or negligence the death may be even more painful. When the death of a loved one is the fault of another person, company, or organization, the survivors of the victim may be eligible to file a wrongful death lawsuit against those ...