What will we have to prove to win a wrongful death lawsuit?
In general, most cases come down to what we learned in law school are the three hurdles. We have to prove that the wrongdoer owed a duty. A duty to be safe and to act as a reasonably prudent person or company. So that’s step one. The second hurdle is they breached that duty. They […]
Who can file a wrongful death lawsuit?
You can imagine upon the passing of a loved one. Most folks have a wife, children, brothers, sisters, all of whom have suffered some loss as a result of this death. We can all imagine what a mess it would be. If all of those people could go file their own law suit. There would […]
What if I die before I can file a personal injury lawsuit?
And the law does have a provision for that. Your estate inherits the cause of action. So, the estate can bring the lawsuit. And so your family and loved ones can seek the recovery for what you went through before you passed away. So, you if have been in a situation where a family member […]
What is a wrongful death lawsuit worth?
Every life has value. So when you look at damages that are recoverable under a wrongful death statute there, there are damages for the pain and suffering or the grief that loved ones have had to endure from the loss of this person. And, of course if that person suffered pain before his or her […]
What is a wrongful death lawsuit?
Anytime that you have a death of a loved one, they leave behind family basically has to figure out well what about all of our needs, what about all of our losses. How are those taken care of? And so, we have this thing called a wrongful death suit. The law in every state basically […]
What is the statute of limitations on a wrongful death lawsuit?
And, the laws are different in every state. You can have one state where it is two years and the next state over one year and one state over it three years. So, depending on the facts and circumstances and the laws of every state, you can have a different statute of limitations. And especially […]
How long will it take to resolve my wrongful death lawsuit?
Certainly our promise is as we would like to get the case resolved as quickly as possible. Replacement of what’s been taken away, especially when we talk about loss of a wage earner, is very important to a family. We understand that. We understand and we should do our job as quickly as possible. As […]
Can I bring a wrongful death case on behalf of a child or elderly loved one?
The answer is yes. There is really no difference in a lawsuit for an adult vs. a child or an elderly individual. There is only one to be one wrongful death case. Only one person can bring that case and it’s going to be the representative of the estate. So there would be if you […]
Can a wrongful death lawsuit be filed even if the loved one didn’t have a job?
Every life has value. So when you look at damages that are recoverable under a wrongful death statute there, there are damages for the pain and suffering or the grief that loved ones have had to endure from the loss of this person. And, of course if that person suffered pain before his or her […]
Can an estate sue for pain and suffering on behalf of a decedent?
And certainly you know the first thing we look at is the loss of the earning capacity of the person who’s passed away. We also look at medical bills that were associated with care rendered before the person passed away. We can recover for the grief and the suffering that family members have endured as […]