FAQs for Your Wrongful Death Case

Filing a Wrongful Death Lawsuit: 4 Questions for Your Attorney

When a loved one dies due to some else’s negligence, it can shatter your world. Along with the sorrow you feel, you might be overwhelmed with medical and funerary costs, which could total thousands of dollars. While your loved one might be gone, filing a wrongful death lawsuit may help you recover financially, and there are a few questions you can ask your lawyer to help you feel more confident as the process moves ahead. 

1. Am I Eligible to Sue?

Most states allow close relatives of the deceased to sue on his or her behalf. The representative of the estate may bring a lawsuit, so if you are that appointed person, you can probably proceed with the lawsuit. If you are not, you may be able to petition the court to bring the suit if you are the deceased’s spouse, the parent, or adult child. Otherwise, the court may appoint a beneficiary of the estate as the plaintiff. 

2. What Is the Case Worth?

It may be difficult to place a dollar amount on the worth of your loved one’s life, which you no doubt considered priceless, but this is necessary as part of the lawsuit process. Your attorney can help place this value by considering several different types of financial loss you suffered, both present and future, such as: 

• Loss of wages/financial support 
• Loss of companionship 
• Funeral/burial expenses 

Most states allow for these circumstances, and your attorney will likely notify you of which he or she can include in the lawsuit. 

3. Is There a Time Limit to File a Claim?

Many states allow two years from the time of death to file a wrongful death lawsuit and recover any financial award. There are a few exceptions to this rule, however, such as if your loved one died as the result of a homicide, as most states allow additional time for investigation and apprehension of those responsible. If the death occurred due to medical malpractice, the court may allow more time for an in-depth investigation to ensure the lawsuit is viable. 

4. How Long Does the Process Take?

Because of the overall nature of a wrongful death case, it can take anywhere from one to five years to settle the matter. This depends on a variety of factors, from the complexity of the circumstances of your loved one’s death to spending time in court. 

Losing someone you love due to someone else’s negligence can change your life forever, but you do not have to face the future alone. Contact a wrongful death lawyer, today for further assistance and information. 

Different Types of Wrongful Deaths

When we lose a loved one, the pain and suffering are devastating. It takes time to process the fact that a person will no longer be in our lives. The emotional detachment is slow and is part of the mourning and acceptance process. In addition to processing the death of a loved one, knowing that their death was due to negligence that could have been avoided is more devastating. Feelings of helplessness, sadness, anger, emotional exhaustion, and depression often emerge from these situations.

If you lost a loved one due to someone else’s negligence, it is recommended to contact a wrongful death lawyer as soon as possible to get the legal guidance your family needs. With professional handling of the legal process, you can focus on your emotional recovery.

Wrongful deaths occur under different circumstances:

Wrongful death as a result of medical malpractice. Medical errors are one of the most common causes of wrongful deaths in the United States. The death of a patient due to medical negligence includes misdiagnosis, lack of timely medical care, erroneous operations, inadequate treatment, lack of recommended care for the patient, among others.

Wrongful death as a result of motor vehicle driver’s negligence. Drivers who produce accidents due to negligent behavior such as: driving under the influence of alcohol or drugs, driving tired or drowsy, using electronic devices and mobile phones while driving, not respecting traffic signs, carelessly passing or obstructing lanes, and speeding are some of the most common negligent behaviors involving wrongful death.

Wrongful death as a result of unfavorable working conditions. These types of wrongful deaths are the result of bad practices by companies or direct bosses. The death of workers can be the result of carrying out risky activities without the appropriate personal protective equipment, lack of training on accident prevention measures, facilities in poor condition, lack of emergency exits, lack of fire extinguishers, or other means of occupational safety and hygiene hazards. Companies should believe that employees’ safety is what matters the most in the workplace.

Wrongful deaths as a result of unfavorable road conditions. These types of wrongful deaths occur due to a lack of preventive and corrective maintenance on public or private roads. A road in bad conditions can cause fatal falls and slips, the impact of objects, visual obstruction that causes run-over, or fatal blows.

Wrongful deaths as a result of third-party negligence. These types of wrongful deaths are caused by a third party such as a business or an individual, whose knowingly or unknowingly negligence caused the death of a person or an employee.

Different circumstances can lead us to believe that the death of our loved ones was the result of negligence. However, these cases are complicated and require the help of a professional lawyer.

If you need legal advice or have questions about how to file a lawsuit for wrongful death, do not hesitate to contact an experienced wrongful death lawyer from our friends at Unidos Legales. Call today to schedule a case evaluation.

I’m The Victim of a Car Accident

Car accidents are scary for everyone involved. Not only are they extremely expensive, as vehicles typically cost a lot to maintain, but they can also cause terrible injuries that can sometimes be lifelong. You need to know what to do if you ever find yourself the victim of a car accident. The first step to take will always be contacting a car accident lawyer,for immediate assistance. 

Do Not Speak with Anyone without the Presence of a Lawyer

You need to protect yourself from assuming any liability in your case. Insurance agents are incredibly crafty and may try to make you admit at least partial fault in the case. Their primary goal is to make money for their own company, so they will offer the smallest possible payout in hopes that you will accept it, if you do not admit fault in the accident. If you do admit partial fault, the agent may try to use this as evidence that the other party does not owe you anything at all. Partial fault could be the fact that you were on your phone while driving, that you were going over the speed limit, or that you did not see the other driver on the road. By contacting a car accident lawyer, you will be able to get representation by someone who will make sure you do not say anything that could jeopardize your case. Your lawyer will be able to speak to other parties on your behalf so that you do not have to. 

Document Everything

Having evidence in court could make or break your case. If you are able to collect evidence at the scene of the accident, you should do so. This would involve taking photos of the scene of the accident, documenting witness statements — either as a voice recording on your phone or written down — and getting a police officer to go to the scene of the accident so that he or she can write an unbiased police report about what likely caused the accident. Do not worry about what will or will not be useful in court. The more that you can give your car accident lawyer at your initial meeting, the better. He or she can determine what is important and what should not be used in court. 

Contact a Lawyer Today

Do not hesitate to reach out to a lawyer right after being involved in a car accident. Even though many people just accept the first insurance payout they are offered, this is absolutely not the best way to do things most of the time. You need a lawyer with experience to tell you whether what you are being offered is fair or not. A car accident lawyer will have your best interest at heart and will look at the big picture, rather than just getting your vehicle fixed quickly. Contact a lawyer right away so you can determine what the best next step will be. 

What To Do After Experiencing a Concussion

What To Do After Experiencing a Concussion

Concussions

In the United States, there are upward of 3 million concussions every year. While concussions can result in serious consequences, they are common enough that most doctors understand the appropriate treatment to deliver to patients with a concussion. If you were injured because of someone’s negligence, then your treatment options may be worth an award.

When it comes to recent concussions, here is what you need to do to avoid complications and to heal as quickly as possible.

Avoid All Triggers

There will be some triggers that can increase the symptoms of your concussion. Once you figure out what aggravates your symptoms, you need to avoid that activity. You must take care of yourself throughout the concussion. For example, if bright lights give you a headache, then you should try to keep the lights dim at all times. You may also want to wear sunglasses or have a brimmed hat.

Rest Your Body and Mind

Never overstimulate your brain when you have a concussion. You have to allow your brain to rest. You may want to avoid reading, studying or learning new material. After a concussion, it may be difficult to process new information. Do not push yourself to finish anything that requires a lot of processing or cognition.

In addition to your mind, you need to rest. Make sure that you do not increase your heart rate unless a doctor has cleared you. You may be able to walk slowly or take part in light exercise. Make sure that it does not make your symptoms worse. Try to get as much sleep as possible. Take naps when you are tired and do not distract yourself when it’s time to sleep.

Be Careful With Pain Relievers

You need to use caution with pain relief following an accident. If you have a concussion, then you should not use anti-inflammatory medication. The problem with these medications is that they could increase your risk of bleeding. However, another important thing to keep note of is that pain relievers can mask your symptoms. For example, if your headache grows or you miss out on the concussion symptoms, it could worsen without treatment.

After you suffer a concussion, it is important that you take care of yourself as much as possible. Try to get as much rest as possible and not try to take part in any strenuous activity. If someone else’s negligence caused your brain injury, consult with a brain injury lawyer or even a brain bleed lawyer, like the lawyers at Davis & Brusca, LLC, for help with your case. 

Crucial Reasons for Hiring a Divorce Attorney

Crucial Reasons for Hiring a Divorce Attorney

Hiring a Divorce Attorney

Getting a divorce is highly stressful. This emotional weight is compounded by the sudden expense that’s involved. You might conclude that you can get by without hiring an attorney. Many reasons make going without legal representation a poor decision. Here are a few things that divorcing individuals should keep in mind.

Legal Knowledge

Hopefully, this is the first time you’ve gotten divorced. Even if it isn’t, it’s unlikely that you know more about divorce than someone devoted to the topic. When you have questions, it’s better to have someone you can speak with directly, rather than searching for the answer you need in a law library. A divorce attorney with years of experience can also help secure beneficial agreements regarding asset division, child custody, and financial support.

Filing Assistance

Divorce lawyers are adept at completing and submitting paperwork, which can be baffling for those unfamiliar with what’s necessary. Whether you have someone assisting you or not, completing records incorrectly can delay the process or create an outcome that isn’t in your favor. Divorce attorneys can help assure that everything is done correctly, thus eliminating certain unpleasant hiccups.

Stress Reduction

You’re already preoccupied with the emotional dimensions of your marriage ending. Why would you want to compound that struggle? Allowing a divorce attorney to take care of legal matters lets you process personal events and contemplate the future without being sidelined by legal minutiae.

Outsider Perspective

When you’re in the thick of an unraveling relationship, you need to assess the situation with open eyes. This can be difficult if you’re wrapped up in the matter at hand. Friends and relatives may be willing to talk about the situation. Unfortunately, they often have personal feelings that cloud their opinions. A professional divorce attorney can objectively look at your circumstances in a way that others cannot. These opinions are often invaluable when deciding how to proceed.

Psychological Support

Attorneys are not therapists, but having someone to talk to might be precisely what you need. Divorce attorneys understand the difficulties that separating individuals go through. Good ones will comprehend aspects of your divorce that have nothing to do with the law. Paying your attorney to hear you express yourself may be a more affordable alternative to seeking therapy.

When your marriage is dissolving, you might have the idea that hiring a divorce lawyer won’t provide any benefit. This couldn’t be more wrong. Always secure the services of a qualified divorce lawyer, like the attorneys at May Law, LLP, to help end your union smoothly.

Presentence Interview

Dealing with criminal indictments can be exceptionally scary. If you are a defendant in a criminal case, the result could be life-changing. Your first thought maybe, “am I going to prison?” or “how long am I going to prison?”. Not knowing the answer to these questions can be extremely daunting. Laws vary from one state to another; however, the law generally is the same regarding condemning an offender. Before a defendant goes to jail, there is a presentence hearing that is held. This is the deciding element between jail time, probation, or maybe fines. The reason for a presentence hearing is to assess who you are as a person and discuss your experiences prior to deciding your ramification for any serious crimes.

 A probation officer will be in attendance to survey you and your criminal history. Your criminal history, regardless of the extent of the crime, will show what kind of individual you are and whether you are a habitual perpetrator. They may also need to see your work history. If you have a history of maintaining legal and steady work this will assist with demonstrating that you are capable of being a good part of society and carrying on in a way of life that isn’t unpredictable, criminal, or dangerous. Since the probation officer may not know you, character reference interviews can assist a great deal. It helps that those that realize you best have incredible things to say about you, your character, and your commitment to everyone around you and society. Character witnesses may show that you are a necessary member of your community. These statements may reference you as an incredible parent to children that need you around, they may show that what you were being accused of isn’t your usual behavior. These details matter in a presentence meeting, all the information you assemble can play a huge role in determining your future. The best way to prepare for these interviews is to prepare your loved ones for questioning, and to even take part in community activities; maybe even commit to some community service. Should you or anybody you know be accused of any criminal offense, a skilled criminal defense attorney in your area may be able to help prepare you for your presentence meeting by advising you on ways to potentially get the best outcome.  It is best to look for legal representation, as the Criminal Defense Attorneys, at The Lynch Law Group at the earliest opportunity.

Suing for Being Injured in a Car Wreck

Car Accident Lawyer

Individuals injured in a car wreck may wonder whether suing makes sense. As a car accident lawyer can explain, the answer often depends on how much the litigating party stands to be awarded. That amount depends on multiple factors specific to each case. These are a few to consider before filing.

Liability

You cannot win unless you can prove that fault lies with the defendant. The type of negligence that’s shown impacts your final award. Whether the guilty party was grossly negligent, had a lapse of judgment, or was willfully malicious makes an enormous difference in the eyes of a judge and jury.

Injury

The level of medical treatment you must seek after a crash informs the court regarding how much you deserve. The price of consultations, medication, and surgeries can add up quickly. Medical bills directly related to the collision’s effects shouldn’t have to be shouldered by the innocent. Save every invoice that comes your way. If any paperwork gets lost during your recovery, a car accident attorney can help you through the process of requesting copies.

The injury you suffer extends beyond physical harm. Insurance might cover the cost of fixing or replacing your vehicle, but on the other hand, the amount you get may not be enough. Your lawyer can demand that the negligent driver make up the difference. Likewise, the cost of destroyed items that were inside your vehicle during the incident can be collected.

Functionality

The harm you sustain could reduce or even eliminate your ability to work. When this happens, there is a reasonable argument that you deserve compensation for lost income. Tax returns play a vital role in proving how much theoretical cash you’re out.

Your injury might also be severe enough that you can no longer enjoy life in the manner you once did. A loss of mobility, for instance, might restrict you from indulging in favorite activities, such as gardening or dancing. Maybe driving has become too risky because of what might happen if another accident occurs. You can even seek a monetary reward for anxiety caused by the crash. These factors fall under the nebulous category known as pain and suffering. Car accident lawyers are adept at arguing why victims deserve higher compensation for these factors.

The amount you stand to gain from winning a lawsuit related to a car wreck depends on many variables. Consult an automobile accident attorney to figure out how much you might be able to demand in court.

Who Is the Plaintiff in a Wrongful Death Lawsuit?

When an individual, group or entity (business) might be legally responsible for causing loss of life, they could face a civil claim for wrongful death. In wrongful death lawsuits, family members or other loved ones of the deceased person can seek damages for lost income, medical expenses, and pain and suffering. The laws for wrongful death vary from state to state so it’s best to consult with a local civil attorney to find out how to proceed with a claim in your area. If you want to file a wrongful death claim, but you are not sure which family member should be the plaintiff, what should you do?

Name a Personal Representative

Some states need a “personal representative” to file a wrongful death lawsuit on behalf of a victim’s family and loved ones, as a wrongful death lawyer like one from David & Philpot P.L. can tell you. Usually, the personal representative is a person or company named as the executor of the decedent’s estate. So when they file the lawsuit, they are seeking damages for the victim and their survivors. The court can consider what compensation the victim could have received such as pain and suffering, medical expenses, and loss of income. After the decedent’s damages, the lawsuit addresses “loss of companionship” and loss of future income for family members and other loved ones. 

Determine “Real Parties in Interest”

Due to the legal disparities among all 50 states, you should consult with a wrongful death lawyer to confirm the legal requirements for wrongful death lawsuits in your area. Generally, the individuals seeking damages as the decedent’s survivors are “real parties in interest”. Some states consider only “lineal descendants” the only family members entitled to wrongful death compensation. Lineal descendants are spouses, parents, children and grandchildren. In cases where the decedent doesn’t have any surviving close family, some states will then allow siblings, aunts, uncles, nieces and nephews to file claims.

There are states that allow “putative spouses” such as life partners, or anyone who had a long-term domestic relationship with the decedent as possible plaintiffs. Putative spouses who were financially dependent on their dead spouses are entitled to compensation.

In Maryland, any person who would have inherited money or property from the decedent is entitled to wrongful death compensation. There is no need for a blood relation or marriage to name a plaintiff.

Seek Advice

Depending on where you live and your relationship with the victim, wrongful death laws in your state might be complex. Consult a local civil attorney with wrongful death representation experience so you can proceed in your fight for compensation.

Who Can Influence a Case

Car Accident Attorney

When there’s a car accident, a claim of medical malpractice, or any kind of significant injury that results in lost income sometimes the truth isn’t completely clear and the lines are blurrier than the court would like it to be. The poses a problem because when a case finishes, it important that justice reigns in the end and this can only be accomplished if all the fact are revealed, acknowledged and considered. Hearsay will only get you so far if not anywhere at all so when the courts need a point of view to settle the score on the finer details and facts in a case, who do you call? The third parties.

And not just any third party, only special individuals that are in possession of an expert point of view or opinion will be considered with their testimony being a large influence in the ruling of the case. Here are a few below:

Medical Professionals

In a medical malpractice case, while you might be very convinced that your claim is well-founded, you’ll have a little trouble convincing the courts by yourself given that you yourself do not have any medical experience. So in order to argue your claim you’ll have to acquire an affidavit of merit: a sort of endorsement signed by a medical expert supporting the validity of your claim. Given their acumen and training, the courts will heed more so the words of another medical professional and getting their seal of approval will help your case. 

Economists

In the event of a significant injury or untimely death, there is usually a loss of income to the family of the injured or deceased. Personal injury cases are conducted with the goal to recover the damages lost and this includes the income lost as well. Certain cases call and allow for the recovery of the income “expected” to be lost and for that, one needs the consultation of an economist or vocational rehabilitation specialist. They’re capable of calculating the income expected to be lost through numerous facets regarding employment, attendance, taxes, bills, and the like. Their testimony is especially useful in a trial where you’re seeking an amount beyond the opposing party’s insurance policy limit.

Eyewitnesses

The king/queen of all third party influencers is the eyewitness. A person who has seen the accident in part or in full who is not directly related to nor has expressed affinity or allegiance to you, thus eliminating conflicts of interest and fostering a higher probability that an unbiased, accurate and trustworthy statement will be produced. Not that individuals with the above qualities can’t be called upon to testify, but the more distant the connection the better.

If you were involved in a motor vehicle collision, speak with an experienced car accident attorney, such as one from the Summit County Divorce Attorney right away.

Products Liability

Defective Product Lawyer

A plaintiff who is injured by a defective product may bring a products liability lawsuit under a theory of strict liability or negligence. Under either theory of liability, a plaintiff will need to prove that the product was defective in at least one of three ways. The three types of defects are manufacturing defects, design defects, and marketing defects. Additionally, a plaintiff may be able to bring a lawsuit for a defective product under a breach of warranty theory. Regardless of the type of claim a plaintiff chooses, they will also be required to prove that the defect caused their injury. 

Manufacturing Defects

A manufacturing defect is present when a product departs from its intended design due to a problem with the way the specific item was made. Thus, a manufacturing defect causes one product to differ from all of the other products in its line. This may occur because of a mistake on the assembly line or contamination at a processing facility. For instance, a worker might use an incorrect bolt to fasten the legs to a chair, making the chair defective due to its manufacturing, rather than its design. 

Manufacturing defects differ from design and warning defects because they affect only one or a few of all of the products produced, while design and warning defects affect all of the products in a line. Manufacturing defects are therefore relatively rare. To prove a manufacturing defect, a plaintiff will have to show that the product was dangerous when used as intended and that the product would have been safe if it were manufactured according to its intended design.

Design Defects

A design defect is present when an entire line of products has an inherent flaw in their design that makes them unreasonably dangerous to consumers. Design defects occur even though no errors were made in the manufacturing process and no products deviate from their intended design. Design defects may result from a failure to take foreseeable risks into account when making the blueprint or specifications for the product. 

Examples of design defects include SUVs that are prone to rolling over, medical devices that have a propensity to fragment inside patients’ bodies, and pesticides in which the main ingredient is carcinogenic. Often, a plaintiff will need to hire an expert to help establish that a product had a design defect. Proving a design defect typically involves showing that a safer alternative design was available at a reasonable cost. 

Marketing Defect (Failure to Warn)

Marketing defects are also referred to as failures to warn. Marketing defects occur when a manufacturer fails to give adequate instructions about the product’s use or fails to warn consumers about a product’s inherent risks. Manufacturers are not required to warn about obvious risks but must warn about others that are unavoidable in using a product. Marketing defects often arise in pharmaceutical cases when drug manufactures do not list the side effects of a medication on the bottle. 

To prevail under a marketing defect theory, a plaintiff must show that the manufacturer knew or should have known of the product’s risk, that the risk presented a danger to consumers even if the product was used as intended, that consumers likely wouldn’t discover the danger, and that the manufacturer failed to provide adequate warning of the danger. Further, the plaintiff must have been using the product for its intended use or misusing it in a predictable manner. If the plaintiff was using the product in a manner that was not reasonably foreseeable, the manufacturer will not be liable for failure to warn. 

Breach of Warranty 

A plaintiff may sue for breach of express or implied warranty. Breach of express warranty occurs when a product is sold with a written warranty and fails to comply with the terms of that warranty, thereby injuring the consumer. Express warranties are often contained in labels, packaging, manuals, or advertising for the product. 

Breach of implied warranty usually concerns the implied warranty of merchantability, which warrants that a product is safe for its intended use. Breach of implied warranty might also arise from the implied warranty of fitness for a particular purpose if the seller knows that the consumer will be using its product for a specific purpose. 

If you have questions about a case, contact a defective product lawyer, like one at The Law Office of Eglet Adams for information about your situation.