what type of attorney would you use to file a wrongful death

Full Answer

What does a wrongful death attorney do?

What happens if you miss a deadline for a wrongful death claim?

Does Ben Crump Law charge upfront for wrongful death?

Can a lawyer handle a wrongful death claim?

Can insurance companies offer compensation for wrongful death?

Can a minor sue for wrongful death?

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What Is a Wrongful Death Suit?

A wrongful death occurs when someone causes the death of another person due to their negligence or intentional actions.

What are the reasons for a wrongful death claim?

If a victim is killed due to a car accident, you might have a wrongful death claim. Issues such as drunk driving, reckless driving, or negligent driving are the most common reasons for a wrongful death lawsuit.

What happens when you lose a loved one?

Losing a loved one due to the reckless or negligent behavior of another is painful and usually life altering. If the deceased was the breadwinner for your family, it can result in significant financial pressure on you and the others that depended on the deceased.

What happens if you miss out on information in a wrongful death case?

If you miss out on information that may be binding to the case, you risk losing justice for your loved ones.

Can a misdiagnosis lead to death?

A misdiagnosis, treatment error, surgery error, or even failure to diagnose an illness can lead to a patient’s death. In such cases, if the doctor failed to deliver a reasonable level of care that another doctor in the same circumstances would have, you might have grounds for a wrongful death suit.

What Does a Wrongful Death Lawsuit Involve?

Wrongful death lawsuits in New Jersey are filed in civil court. The amount of compensation that a plaintiff received can vary depending upon the circumstances. In some cases, they are filed around the same time that the responsible party is the subject of a criminal prosecution for the act that led to the fatality. While some wrongful death claims are straightforward, others are more complex, which is why it's important to identify who can file this type of lawsuit before you begin the process of doing so.

What are the types of damages for wrongful death?

Wrongful death damages can be separated into economic damages and non-economic damages . Economic damages can include funeral expenses, the cost of any medical care and treatment (if any) prior to the victim's death, a loss of expected earnings, a loss of benefits, and a loss of a future inheritance. The loss of benefits could refer to medical coverage or pension plans. As for non-economic damages, these may provide you with more compensation since they are less tangible when compared to economic damages, which means that calculations must occur to determine how much money the affected individual would receive. The main types of non-economic damages that you may be eligible for include:

What You Need to Know About Wrongful Death Cases

An action for wrongful death may be brought when the death of a person is caused by the wrongful act or neglect of another. Here are 7 types and examples of a wrongful death case.

What is Wrongful Death?

Wrongful death is the death of a person as a result of the tortious conduct (a wrongful act that may be sued for monetary damages) of another person or legal entity. It is a civil action for damages brought by the victim’s survivors, regardless of a criminal proceeding that might or might not be brought against the defendant.

Types and Examples of Wrongful Death

There are plenty of types and examples of wrongful death. This includes car accidents, medical malpractice, accidents in a workplace, defective products, pedestrian accidents, plane crashes, drownings, and even suicide.

Evidence Necessary for Wrongful Death Claims

In order to prove a wrongful death claim, a plaintiff must prove the existence of the following:

What does a wrongful death attorney do?

An attorney who handles wrongful death cases in your state can explain the statute of limitations, tell you how much time you have left to take legal action, and make sure that you meet the applicable deadline, so you do not lose your right to file a claim.

What happens if you miss a deadline for a wrongful death claim?

If you miss your state’s deadline, you might lose the right to sue. Contact Ben Crump Law, PLLC, today at (800) 593-3443 to speak with a team member about how we could handle your wrongful death claim.

Does Ben Crump Law charge upfront for wrongful death?

You need not worry about the legal costs of pursuing a wrongful death case. Ben Crump Law, PLLC, operates on contingency. We will not charge your family any upfront money to represent you. Our firm only collects a fee if we obtain an award on your behalf.

Can a lawyer handle a wrongful death claim?

Any type of lawyer can handle a wrongful death claim. However, while any attorney eligible to practice law in your state can file a wrongful death lawsuit, you might want to find one who has expertise and years of experience handling those types of cases. That in-depth knowledge could benefit you more than someone who represents clients in a wide range of legal matters.

Can insurance companies offer compensation for wrongful death?

An insurance company might offer your family a settlement, but it might not fairly compensate you for your losses. Insurers work to protect their bottom line by settling cases for the lowest sums possible. Family members often have no idea how much compensation they could receive. Calculating a fair settlement in a wrongful death case is a complex process that requires a careful review of numerous factors. A lawyer who has experience handling wrongful death claims can determine an appropriate compensation level for your situation.

Can a minor sue for wrongful death?

For example, some states only allow a surviving spouse and minor children to sue for wrongful death. Other states let siblings, adult children, extended relatives, and individuals who were not family members file a wrongful death lawsuit.