best DUI lawyers, child support lawyers, free printable legal forms
return to homepage
free printable legal forms, free downloadable legal forms

WRONGFUL DEATH

Wrongful Death Overview

A "wrongful death" occurs when a person is killed due to the negligence or misconduct of another individual, company or entity.

An action for wrongful death belongs to the decedent's immediate family members (often called "distributees"). The most common distributees are surviving spouses and children, and sometimes parents.

The lawsuit may only be brought by the personal representative of the decedent's estate. Every state has a civil "wrongful death statute," or set of statutes, which establish the procedures for bringing wrongful death actions.

Actions for personal injury, conscious pain and suffering, or expenses incurred prior to the decedent's death are also brought by the personal representative. The damage awards from these actions belong to the estate and may pass to different parties as directed by the decedent's will.

To Bring A Successful Wrongful Death Cause of Action,
The Following Must Be Present:

  • The death of a human being
  • Death caused by another person's negligence or with intent to harm
  • Survival of family members who are suffering monetary injury as a result of the death
  • The appointment of a personal representative for the decedent's estate

The Following Situations May Result In a Wrongful Death Suit:

  • Medical malpractice resulting in death
  • Automobile, airplane, or other type of accident
  • Occupational exposure to hazardous conditions or substances
  • Criminal behavior
  • Death during a supervised activity

In order to be eligible for a wrongful death settlement, it is important to bear in mind statute of limitations requirements. Statutes of limitation restrict the amount of time during which a wrongful death settlement case can be filed. Each state has different laws that govern statutes of limitation and other laws related to a wrongful death settlement.

When a person is eligible to file a wrongful death suit, the defendant's insurance company will often be involved in negotiating a wrongful death settlement. It is greatly beneficial to retain the services of a qualified and experienced attorney who can help an injured party seek fair compensation for their suffering.

If negotiations cannot be reached in dealing with the defendant's insurance company, a person has the legal right to seek a satisfactory wrongful death settlement through a court judgment. This makes it so that the judge has the final authority over the amount of compensation that will be awarded in a wrongful death settlement, rather than the defendant's insurance company. In cases where the insurance company is not willing to provide sufficient reparations in a wrongful death settlement, a court judgment can be more successful in benefiting the victim.

In order for a court to award a wrongful death settlement, the burden of proof rests on the accuser. This means that a victim must prove that one party''s negligence or actions caused the fatal injuries suffered by the decedent. Proof of the damages that were caused will factor into the amount of compensation that is awarded through a wrongful death settlement. A wrongful death attorney can help to protect and maximize a person''s interests in a wrongful death settlement case

Wrongful Death - Resources

PROFESSIONAL SPOTLIGHT ON:
BUKATY LAW OFFICES, P.A.
(269)599-8978

defective medicine, injury lawyer
  • Defective Medicine
  • Defective Products
  • Personal Injury
  • Medical Malpractice
  • Friendly Service
  • Free Consultation

    Call and speak to a Medical/Legal Consultant about your case today!

    (269)599-8978
    OR, Click Here to tell us about your injury.

  • SAMPLE OF ACTUAL WRONGFUL DEATH SETTLEMENTS

    Settlement: $5,000,000 Tractor Trailer Accident - Severe Burns

    Settlement: $4,600,000 Car Accident - Back and Leg Injuries

    Verdict: $1,350,000 Bus and Car Accident - Hip Injury

    Settlement: $2,500,000 Tractor Trailer Accident - Wrongful Death

    Settlement: $850,000 Tractor Trailer Accident - Back/Knee/Elbow Injuries

    Settlement: $295,000 Motorcycle and Truck Accident - Leg Fracture/Nerve Damage

    Settlement: $282,500 Truck Accident - Shoulder Injury and Nerve Damage

    Verdict: $1,950,000 Slip and Fall - Knee Injury and Nerve Damage

    Verdict: $450,000 Car Accident - Back/Neck Injuries

    Verdict: $117,949.76 Car Accident - Spinal Injuries

    Verdict: $2,400,000 Car Accident - Wrongful Death

    Return to Home Page from Wrongful Death



    Need Legal Help?
    Ask a lawyer NOW

    child-support-lawyers, free child support calculator

    DUI, DWI, OUI, drunk driving, best DUI lawyers

    credit repair, bankruptcy, forclosure, work from home

    womens self defense, self defense for women

    legal guides, self help guides

    MIP, minor in possession, home drug testing

    personal injury lawyers, injury lawyers

    Site Build It!

    XML RSSFollow Us

    XML RSS
    Add to Google
    Add to My Yahoo!
    Add to My MSN
    Subscribe with Bloglines

    Home Page Link To Us FREE Legal Forms What's New Immigration

    FAMILY LAW

    Prenuptial Marriage Certificates Cohabitation Partners Hidden Marital Assets Child Support Laws Child Support Lawyers Legal Separation Divorce Domestic Violence Assault and Battery

    DUI DWI OUI

    DUI Consequences DUI Fines/Penalties Best DUI Lawyers DUI DWI Classes Field Sobriety Tests DWI DUI Video Alcohol Calculator Minor In Possession MIP Expungement SR22 Insurance SIS / SES

    TRAFFIC CHARGES

    Speeding Tickets Camera Issued Tickets Speed Trap Locations Suspended License Hardship License Reckless Driving Hit and Run

    FINANCE

    Bankruptcy Chapt 7 Bankrupcy Chapt 13 Credit Repair Loan Modification Financial Resources A REAL Home Business

    INJURY LAWSUITS

    Medical Malpractice Wrongful Death Slip and Fall Personal Injury Nursing Home Abuse Defective Medicine Defective Products Assault and Battery Mesothelioma Worker's Comp Legal Nurse Consultant

    ESTATE PLANNING

    Last Will Living Will Quitclaim Deed Elder Abuse

    LEGAL HUMOR

    Lawyer Jokes World's Best DUI Video Deal Or No Deal Wierd Kansas Laws Wierd Missouri Laws

    Enjoy This Site?
    Then why not use the button below, to add us to your favorite bookmarking service?

    | Homepage | Contact Us | Privacy | About Us | Site Map | Advertising Disclosure |

    The choice of a lawyer is an important decision that should not be based solely on advertisements.
    The information on this website is in no way a substitute for specific, directed advice from a lawyer Disclaimer

    Return to top

    Copyright© Your City Lawyer