It’s true that even if a cherished family member lost their life too soon that does not mean it was a wrongful death. Some people go to the hospital and do not come out because of fatal diseases. In other examples, other people lose loved ones because of natural disasters or “acts of God.” While accidents can and do happen, there are other times when a loved one’s death could have been prevented entirely had it not been for the carelessness of someone else involved. This can make the grieving process extremely difficult because not only do you miss your loved one but you may feel anger toward the person who took their life. Attorneys at know you have every right to those feelings and are here to help you seek justice through a wrongful death lawsuit. 

Wrongful Death Is Essentially Personal Injury

When you are wondering what a wrongful death lawsuit is, you can think of it similar to a personal injury case. If someone harmed your loved one or acted in a way that was otherwise negligent that caused your loved one to become personally injured and your loved one could and would have filed a personal injury lawsuit, then you likely have a wrongful death claim. If the injuries your loved one sustained led to their death before they had the chance to file a personal injury lawsuit, then it is likely you could successfully file a wrongful death claim. 

One of the big questions that comes up is this: what happens if your loved one was partially at fault for the accident that occurred? The truth is we need to look at this on a case by case basis. In some cases, if your loved one contributed to the accident happening in some way then you may not be able to successfully file a wrongful death lawsuit.

Common Examples of Wrongful Death Lawsuits

There are many ways that a wrongful death can occur. If you are unsure about your loved one’s accident, it may help to look at the examples below. 

• Slip and fall accidents on someone’s property
• Doctor or hospital medical malpractice cases
• Car accidents involving negligent drivers or drunk drivers
• Nursing home abuse/neglect
• Truck accidents involving fatigued or distracted drivers

These are just some of the more common examples of what can lead to wrongful deaths. Your case may be entirely different and have a different cause leading to your loved one’s death, which is why it is important that you contact a wrongful death attorney in Lakeland, Florida to discuss how they can help you gather evidence for your wrongful death claim. 

Thanks to David & Philpot, P.L. for their insight into personal injury claims and wrongful death claims.

Experiencing the death of a loved one due to someone else’s negligence can change your life forever. You may be overwhelmed by medical bills and the costs of funeral arrangements; however, you may be able to recover by filing a wrongful death lawsuit. One of the first steps you can take is to speak to a wrongful death attorney, who may be able to help you with a variety of circumstances related to your case.

1. Intentional Harm 

Some wrongful death cases do not always involve accidental death. For example, if someone shot or stabbed your loved one in a case of premeditated murder, this could also be considered a wrongful death. Your attorney may also be able to inform you about whether crimes of passion, robberies and other intentional acts that end in the death of your loved one are eligible for a wrongful death case.

2. Defective Product Death

Sometimes manufacturers release products that are defective and can cause serious harm or death if they are used. Past examples include defective products, such as cribs, that have caused the death of an infant or a malfunctioning car part that resulted in a fatal accident of one or more people. Your attorney can help gather evidence concerning the product and how it caused your loved one’s death, such as whether the company announced a recall of the product and if the business owners were aware of the issue.

3. A Loss of Income Claim 

If your wrongful death case involves the loss of your spouse and he or she was your primary source of support, an attorney who specializes in this area may be able to help you recover your financial losses. You could claim a variety of losses including a loss of income, companionship and future earnings that your spouse could have brought to the household, depending on the nature of his or her death.

4. Death of a Fetus Case 

Depending on the state in which you live, you may be able to file a wrongful death lawsuit if you lost your unborn baby due to someone else’s actions. A wrongful death attorney can examine your case, determine whether the fetus’s death was a direct cause of an accident or violent act and whether your home state allows such cases to be heard in court, as each has varying laws.

When you suffer through the untimely death of a loved one because of another’s negligence, you do not have to bear the burden of filing a wrongful death case alone. Reach out to a wrongful death lawyer as soon as possible for further assistance and information.

Exposure to asbestos is extremely dangerous. If you were exposed to asbestos at any point in your life and are struggling with the aftermath in the form of mesothelioma, you are not alone. Many people have been diagnosed with mesothelioma decades after they were exposed to asbestos. Like you, they want compensation for the damage done. A skilled mesothelioma lawyer, like a mesothelioma lawyer in Indianapolis, IN, has likely helped many clients and their families after a devastating diagnosis like this and will be there to help you. Many people who have been exposed to asbestos and gotten a mesothelioma diagnosis have received substantial damages. Call an attorney to see how he or she can help you today. 

I just found out that I have mesothelioma but I was exposed to asbestos a very long time ago. Is it too late to sue?

This is one of the most common questions mesothelioma lawyers get. Most people know that there are statutes of limitations on injuries like this and are worried that since they were exposed two, three, four, or more decades ago they will be unable to recover damages. This is not necessarily the case, though. Because mesothelioma does not typically develop until a decade or more after a person has been exposed, most states usually allow a person a set number of years (usually one to five) from the time they receive their diagnosis to file a lawsuit against the company or person who exposed them to the asbestos. Once a doctor has given you a diagnosis, you want to act as quickly as possible and contact your mesothelioma attorney because time may not be on your side. 

Do most cases go to court?

An astounding number of cases never actually go to court because the company that exposed the person to asbestos would prefer to settle outside of court. When this happens, it means that you and the company would come to an agreement on the appropriate amount of damages that you should get. This is why it is crucial to have a mesothelioma attorney with you to ensure that you do not accept a lowball offer from a company. A mesothelioma diagnosis can be devastating. For legal help, contact a trusted attorney today. 

Thanks to Ward & Ward Law Firm for their insight into mesothelioma lawsuits.

Car accidents can lead to serious injuries and even the death of loved ones. To have to deal with your loved one’s death is difficult enough. Then, to find out that the death was caused by someone else’s negligence, it can be even more difficult to cope. If you recently lost someone due to the negligence of a driver, then you may be able to file a lawsuit for wrongful death. If you are unfamiliar with wrongful death lawsuits, then you may not know what you are able to ask for when it comes to compensation. You may be able to receive punitive damages too. Here is what you need to know about punitive damages.

What Are Punitive Damages?

When you file a lawsuit for wrongful death, you typically receive compensation for damages that occurred due to the accident or death. This may be expenses associated with the person’s death, lost wages, and pain and suffering for the loved ones. These damages are known as “compensatory damages.”

Punitive damages, on the other hand, have little to do with the damages caused by the other person. These are damages that are supposed to punish the defendant for his or her conduct. Punitive damages are used as a deterrent. The only time that a judge might order these damages is if the conduct of the defendant was incredibly egregious.

Are Punitive Damages Possible?

If your loved one was in an accident and died due to someone else’s negligence, you may be considering punitive damages. Is it possible in your specific circumstances? The best person to advise you on what the judge may order is your lawyer. However, there are some cases that are more likely to have punitive damages attached.

One of the most common car accidents that might lead to punitive damages awarded are drunk driving accidents. Most courts want to deter others from driving drunk and ensure that it doesn’t happen again. If your loved one was hit by a drunk driver, you are more likely to receive punitive damages because drunk driving is considered gross negligence.

Wrongful death damages are not always easy to calculate unless you have experience with wrongful death. If you set up a consultation with a wrongful death lawyer, on the other hand, he or she can advise you on the damages that you can seek. In addition, you have someone experienced advocating for you. To consult with a lawyer, contact a wrongful death lawyer, like a wrongful death lawyer, today.  

Thanks to  Law Group of Iowa for their insight into collecting punitive damages after a car accident in a wrongful death lawsuit.

For some people, there may come a time when you find yourself financially in over your head, unable to keep up with your financial obligations. Facing bankruptcy can leave many feeling completely overwhelmed. If you are unsure of whether Chapter 7 is right for you, it may be a good idea to consult with a bankruptcy lawyer. Working with a legal professional can help you to understand Chapter 7 bankruptcy and whether you can qualify for this option. For more information, contact a bankruptcy lawyer for guidance. 

Chapter 7 Bankruptcy

When considering bankruptcy, Chapter 7 is one of the options that may be available to you. Chapter 7 is a chapter of bankruptcy that provides people with relief from their debts. Many are attracted to Chapter 7 because it allows for a fresh start, the opportunity to discharge many debts and financial obligations. However, while Chapter 7 provides many with the opportunity of a fresh start, it’s essential to carefully consider whether this form of bankruptcy is right for you. This is especially true considering there can be a number of drawbacks. Chapter 7 is known as a liquidation, meaning that by enduring the process, many of your assets will be liquidated to pay off your creditors. Once the bankruptcy process is complete, you can move forward with a clean slate. However, it’s important to be aware that filing for bankruptcy means that your credit will be impacted. Although a bankruptcy filing will be on your credit report for ten years, you will have the ability to rebuild your credit over time. 

Qualifying for Chapter 7

Filing for Chapter 7 bankruptcy requires that you meet specific criteria. While Chapter 7 is a popular way of discharging debts, not just anyone can access this form of bankruptcy. Your bankruptcy lawyer will tell you that you will need to:

• Pass a means test
• Prove that your monthly income is less than your state’s median income
• You have not filed for bankruptcy in the last eight years
• You have endured credit counseling in the past 180 days

When considering whether Chapter 7 is right for you, it’s only natural that you will feel apprehensive, which is why you should contact a bankruptcy lawyer as soon as possible. 

Consulting with a Bankruptcy Lawyer

Bankruptcy lawyers can provide those struggling financially with the support and guidance they need during an incredibly stressful time. While you can proceed with the bankruptcy process without the assistance of a lawyer, the process may be more complicated than you may initially believe. Enlisting the help of a professional will play a key role when considering whether bankruptcy is right for you. Additionally, they can assist you by listening to your needs and helping to make sense of how to move forward while keeping your needs at the forefront. 

Experiencing financial difficulties can leave many feeling a sense of shame, frustration, and even fear. Filing for bankruptcy can leave many wondering whether they will ever have the ability to recover. It’s essential to be aware that bankruptcy can provide people with not only a sense of relief but also the ability to start fresh. For the legal guidance you need, contact a bankruptcy lawyer, like a  Bankruptcy Law Firm Memphis, TN, today. 

Thank you to the experts at Darrell Castle & Associates for their input into bankruptcy law.

While it’s not something that people usually want to think about, the fact is that we’re all going to die at some point. Planning for your death while you’re alive will make things much easier for your family when the time comes. While it may seem overwhelming to plan for your passing, an experienced estate planning attorney can help you sort everything out in a relatively short amount of time.

Your Last Will and Testament

Your last will and testament is a legal document that details what you want to happen when you pass away. This includes things like who your property will go to, who will be responsible for distributing assets, and who will maintain the guardianship of your children. Depending on how many assets you own, you may need just a simple will or you may want to set up a trust of some sort.

When you are making your will, you will also name the executor of your estate. This is the person who will be responsible for handling your estate after you pass. This includes paying your debts and distributing your assets. Obviously, this should be someone that you trust. It’s important to note, however, that the executor will only have the power to handle your affairs after you pass and the courts give them the official capacity to do so.

To make the will legally binding, you’ll usually need at least two witnesses to sign. These witnesses cannot be beneficiaries that are listed on the will, as they would have a conflict of interest. Additionally, it’s usually wise to have the will notarized by a notary public.

Complicated Situations

If you have many different assets or beneficiaries, it’s important to make sure that your will is legally sound. It’s a really good idea to hire an estate planning attorney that can help you ensure that your final wishes are carried out appropriately. Laws can be complex when finances are involved and a good lawyer will be able to help you set up your trust or will in a way that complies with your state laws and also ensures that your family members are taken care of.

If you have any questions regarding how your state laws affect your final will and testament, be sure to visit an attorney, like an Estate Planning Lawyer in Melbourne, FL, to discuss your options. Although you can create a will on your own, it will be far less frustrating with the help of someone who knows how to navigate the legal field.

Thank you to the experts at Arcadier, Biggie & Wood, PLLC for their input into estate planning law.