Showing posts with label wrongful death. Show all posts
Showing posts with label wrongful death. Show all posts

Sunday, November 20, 2022

Tips For Getting The Compensation You Deserve After A Wrongful Death

If you have a loved one die due to the negligence of others, it can be devastating to you and your family. This is especially true if your loved one provided most or all of the financial support for your family since you may now be left wondering what the future will hold.

To help ease your financial burden and give you and your family peace of mind in the years ahead, you need to gain compensation from a wrongful death lawsuit

To ensure this happens, here are some tips you should always remember.

Document Everything

When you have as many details as possible documented regarding your loved one's death, it becomes much easier to win compensation from a wrongful death lawsuit. 

This can include witness interviews, photographic evidence, testimony from expert witnesses, and more. Remember, the more evidence your attorney can present to a jury, the harder it will be for them to rule against you.

Don't Handle it On Your Own

After a loved one dies wrongfully, the worst thing you can do is try to handle what follows on your own. Unfortunately, an insurance company will have no problem at all denying you and your family the compensation you need and deserve. 

Instead of trying to negotiate a settlement on your own, always turn to attorneys like those at the Dennis Law Firm so that an experienced attorney can build a strong case on your behalf. 

Once this is done, your attorney can convince the insurance company it is in the best interests of everyone to settle the case out of court.

File the Lawsuit in Time

No matter the circumstances surrounding the death of your loved one, a court will have no choice but to toss your case aside should you fail to file your lawsuit within the time allotted by your state's statute of limitations. 

While this can vary among states, the general rule is you must file your lawsuit within two years following the death of your loved one, so always keep this in mind.

Be Patient

Finally, you will need to remain patient as your lawsuit progresses. Remember, your attorney is on your side but will need time to examine evidence and form a case that will be winnable. 

By staying patient, saying nothing about your case on social media, and using common sense along the way, you can gain compensation that is fair and reasonable.

By keeping these tips in mind and taking the advice of your attorney, you and your family can get justice for your deceased loved one by gaining substantial compensation for a death that never should have occurred.

Sunday, July 18, 2021

6 Causes of Wrongful Death

Losing a loved one through an accident caused by a negligent person is very painful. In such situations, you may want to do everything in your power to ensure the deceased gets justice. As the surviving spouse or relative, you have the right to file a wrongful death suit and recover damages from the liable party.

A wrongful death case is a way of seeking compensation for the wrongful death of a loved one. If you believe that your loved one lost their life through an accident caused by someone else’s negligence, you can hire a wrongful death lawyer and recover the damages.

To be eligible for a claim from a wrongful death suit, you need to be aware of the different situations that make a wrongful death claim. Here are six causes of wrongful deaths.

Automobile Accidents

These are the most common causes of wrongful deaths in the United States. Automobile accidents may include car, truck, and motorcycle accidents. Inattentive or intoxicated drivers are among the leading causes of death on the road. 

Therefore, approved relatives of a pedestrian using the road can seek compensation for wrongful death if they get killed by a driver or motorcycle rider.

Medical Malpractice

Medical malpractice is another leading cause of wrongful death in the United States. If your relative loses their life and you can prove that the actions or omissions of the health care provider caused the death, you can sue them or the hospital for wrongful death. 

A person’s death can occur through wrong prescriptions, misdiagnosis, emergency room errors, and surgical mistakes, among others.

Product Liability

Manufacturers, distributors, and retailers of products owe a duty of care to all their products’ consumers. If your loved one lost their life because of a defective product, you could sue the manufacturers, distributors, and retailers for wrongful death.

You can also sue for wrongful death if the manufacturers failed to warn the consumers about their product. For example, manufacturers of dangerous products have to put warning labels to caution people to use their products carefully.

Workplace Accidents

Accidents are quite common in the workplace, especially where tools are used. The employer must ensure that all their workers are safe. If a worker loses their life while carrying out their duties due to company negligence, you can sue and recover damages. 

You can also sue the equipment manufacturer if your loved one was using defective equipment while carrying out their duties.

Airplane Accidents

Airplane accidents are also another cause of wrongful deaths. A plane will crash if the pilot is negligent, or if the airplane has defective parts, is poorly designed, and is poorly maintained. However, it is quite complicated to initiate a wrongful death suit because it can take time to establish the guilty party.

You have to wait until investigations are complete before you initiate legal proceedings against the liable party. You can sue the pilot, the airplane company, or the airplane manufacturer for wrongful death.

Nursing Home Accidents

Most people take their elderly relatives to live in nursing homes where they can be taken care of by experienced personnel. The health care providers have the duty of care to all people in their nursing homes.

Sometimes, healthcare providers might neglect their duties, and your relative loses their life because of it. For example, most older people have age-related ailments and need to take medicine to keep them under control. 

 If the nurse at home fails to give your relative their medicine on time, leading to their death, they should be held responsible for the death.

Thursday, May 27, 2021

How to Sure Up Your Finances After a Familial Loss

Losing a family member is a terrifying experience regardless of your financial status. Whether through an illness, an accident, or wrongful death, the moaning process is overwhelming. Numerous factors count, including financial implications when a spouse or any other family member dies. 

Understanding how to maneuver financially reduces the pressure and accelerates the healing process. Here are tips to help you in overcoming the trauma.

Take a Break

Losing a family member brings confusion that can force you to make hasty decisions. Selling your home and moving away to another place may seem right at such a time, but it is not. Take a break and give room for grieving. Learn to accept the change and adjust to the new reality.

Find Professional Help

When a death occurs in your family, it is hard to think straight, which is why looking for professional help comes with a significant impact. Consult a grief counselor with whom you can confine. 

A financial expert also comes in handy since you might have crises pursuing compensation from insurance companies and collecting or settling debts.

If the deceased died under unclear circumstances, consult a wrongful death attorney. The lawyer will help you in claiming damages. Find such an expert if your family member died due to negligence, omission, or even wrongful act of another person, for instance, a doctor. 

The laws governing a wrongful death vary from one state to another, but your attorney understands what is at stake. In most instances, you will receive an estimated lifetime income, besides them covering medical bills and funeral expenses.

Weigh your Financial Status

Have a clear understanding of the amount of money you will be earning moving forward. It is prudent, especially if you lost your spouse, who was supporting you financially. 

Analyze the financial changes and adjust where necessary. Perhaps you will get more money courtesy of the inheritance and insurance funds, but that takes time to process.

Confirm the Medical Bills

Mostly, the deceased leaves a medical bill, especially if they spent much time in the hospital. Involve an insurance expert to scrutinize the bills and analyze the possibility of your insurance cover footing the medical expenses. Find out if there is any extra money you need to pay and if there was excess payment.

With a proper plan and knowledge of who you need to reach out to, it is less stressful to go through the briefing process. The emotional and financial strains are manageable with the right approach. Understanding your position as the bereaved is the first step to making the right decisions.

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