How To File A Personal Injury Claim To Someone Who Is Deceased

How To File A Personal Injury Claim To Someone Who Is Deceased

Posted by on Mar 5, 2016 in How To File A Personal Injury Claim |

 

If a member of the family dies as result of a wrongful act or negligence by another person, you can file a wrongful death lawsuit. Such claims are specifically designed to compensate family members of the deceased for losses sustained because of the death. Here we’ll discuss who can file such a lawsuit, and how to go about the legal process.

  • When a Wrongful Death Claim is Applicable

A wrongful death lawsuit can be applied when the deceased who would have otherwise benefited from a personal injury claim dies as a result of either an intentional harmful act or negligence by the defendant. This occurs in different situations, which include:

  • When the victim dies because of medical malpractice
  • When the victim is killed intentionally
  • When the victim dies after a car crash resulting from negligence

What Should be Proven in A Wrongful Death Claim?

To place the defendant liable during a wrongful claim, the plaintiffs who are normally the dependents or family members of the deceased must prove beyond reasonable doubt that the victim would have covered their essential needs had he or she lived. So with negligence as an example, it means showing the court that defendant did owe the deceased duty of care, and that the defendant fell in breach of this duty which subsequently led to the demise of the victim, as well as that the death brought about damages the plaintiff is still trying to recuperate.

Content Open

Who Is A Eligible for Filing A Wrongful Death Claim?

Wrongful death claims are normally filed by representatives of the estate of the now deceased victim, on behalf of any survivors who had some form of relationship with the deceased. As for these survivors can be differs across different states.

Designated beneficiaries include:

  • Immediate family members such as children, spouses, parents of unmarried children and adopted children
  • Distant family members like grandparents and siblings
  • Life or domestic partners
  • Parents of a deceased fetus
  • Financial dependents as well as those who lose their financial security because of the death.

Wrongful death damages are losses of which the survivor(s) may receive compensation, and these include:

 

  • Medical costs the deceased incurred because of the injury prior to their demise
  • Costs involving funeral and burial
  • The deceased’s pain and suffering prior to their death
  • Loss of expected income from the deceased
  • Value of services the deceased could have provided while alive
  • Loss of any inheritance because of the death
  • Loss of companionship and love
  • Loss of guidance, nurturing and care the deceased would have provided
  • Loss of consortium

 

 

 

If you find yourself wanting to file a personal injury claim to someone who is deceased, you best bet would be to seek counsel from an experienced personal injury attorney. He or she will guide you through the whole legal process, represent you and increase your prospects of being compensated what you deserve.

Content

Read More

Finding A Personal Injury Lawyer Who Specializes In Something

Finding A Personal Injury Lawyer Who Specializes In Something

Posted by on Mar 5, 2016 in Personal Injury Lawyer Who Specializes In Something |

Folks can have quite a tough time choosing a personal injury lawyer based on merely their qualifications and experience levels in the industry. However, there are a couple of other things to take into consideration as well. It is obviously important that you shop around because you need someone who is going to help you win your case and often this means a substantial payout which is what many people with an injury can’t do without. If you have been injured in a truck crash in the Dallas, you can contact Dallas truck accident lawyers.

Why You Need Someone Who Specializes in Your Area?

Choosing someone that specializes in your area is also something that you need to think about. It makes so much more sense when the lawyer or attorney has more knowledge about slip and falls or about car accidents, for example. It is obviously difficult to know about every single aspect of the law relating to personal injury. There is something new coming up all the time. This is why these types of lawyers prefer to specialize because they will be more knowledgeable. They will also have more contacts.

You will find lawyers who will specialize in malpractice or with the compensation of workers. Some personal injury lawyers don’t see a lot of these rare cases, so this is why there are those that specialize and have a lot more knowledge. There are those lawyers who will focus on different types of injuries, such as with the brain, which can be a lengthy procedure. They will have the contacts associated with this, which will include the best neuropsychologist in the field, for example.

How to Shop Around For the Best Personal Injury Lawyer?

Besides finding someone who is going to help you out by specializing, you can also do very well in a number of other ways:

Before you get started, ask for a couple of referrals and make sure you follow these up. It is always helpful when someone else gives you positive reviews.Make sure they have a good reputation. Experience is always key. Of course, you have to watch your budget as well, but you can still find someone who is reasonable and will still deliver.

Results – This is what will tell you a lot about what the lawyer is able to do. Have a look at the records that they produce. This will include trials in the court as well as those settled outside of the court.

Knowing that you have gone to the trouble to select someone who has the right amount of knowledge, experience and who is able to handle your problem in particular, will definitely give you a greater sense of comfort. You will feel relieved that you took the time to find someone with a good reputation in your area.

Read More

Share This

Share this with your friends!