How Families Can Benefit from Filing a Wrongful Death Claim
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5 Most Common Causes of Wrongful Death Claims
Wrongful Death Settlements: Questions Answered
In the grieving process for a loved ones lost to wrongful death settlements, comes the reality that the family may face financial hardship without a fair wrongful death settlement. Wrongful death lawyers help grieving family members – through a representative of the decedent’s estate – file wrongful death claims to compensate family members or the estate for the wrongful death of their family member.
Since most of us are not wrongful death attorneys, it is understandable that families feel overwhelmed about wrongful death claims and wrongful death settlements. With over 40 years’ experience helping families recover damages for the loss of their loved ones, we are happy to answer questions that help provide peace of mind to our grieving clients.
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Read MoreWrongful Death Lawsuit Brought by Southwest Airlines Flight Attendant Who Lost Husband to COVID-19
As reported by thehill.com, a Southwest Airlines flight attendant has filed a wrongful death lawsuit against her employer after she attended a training session that she says exposed her – and indirectly her husband – to Covid-19. The suit alleges that the company’s lax Covid-19 protocols and contact tracing efforts eventually led to the death of her husband. Covid pneumonia was listed as the primary cause of death. Sixty-nine-year-old Carol Madden, filed the suit in the U.S. District Court in Maryland; she is seeking more than $3 million in damages for the wrongful death of her then 73-year-old husband.
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Read MoreTop 4 Myths about Wrongful Death Claims
While no amount of money can replace your lost family member, there are practical reasons for pursuing a wrongful death settlement. Financial stresses often become very real after the loss of a family member, especially if they were the primary bread winner. Unexpected expenses such as the cost of the funeral and medical bills can also add up quickly. If you lost a loved one because of the negligent or intentional behavior of another, a wrongful death claim may the best (and only) way to recover financial compensation. There are many myths about wrongful death claims that may prevent people from filing a claim that they are entitled to. We will take a look at some of the main ones in this article.
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Read MoreWhen Is It Considered a Wrongful Death Car Accident?
According to IIHS, there were 33,654 fatal motor vehicle crashes in the United States in 2018, resulting in 36,560 deaths. The accidents and deaths resulted in a death rate of 11.2 deaths per 100,000 people and 1.13 deaths per 100 million miles traveled. But how do we know when a fatal accident rises to the level of wrongful death?
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What Damages Can Be Recovered in a Wrongful Death Case?
When a loved one dies due to someone else’s negligence, the family often experiences profound grief. As the shock fades, families may worry about affording medical expenses or covering bills if the victim was a provider or caregiver. Wrongful death claims seek compensation for current and future family losses. Another way of saying compensation is “recovering damages.”
Read More2019 Changes to WA State Wrongful Death Laws
Effective, July 28, 2019, Washington State’s wrongful death laws were expanded with the amendment of four statutes in SSB 5163. In short, the Substitute Senate Bill allows a broader category of people to be able to sue for wrongful death (RCW 4.20.020) and expands the types of damages they may recover (RCW 4.20.046). Note that the law was remedial and retroactive and applied to all claims that were not time barred, as well as any claims that were pending in any court on July 28, 2019.
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Read MoreFamily of Walmart Employee That Died of Coronavirus Complications Files Wrongful Death Lawsuit
As reported by CNBC, A 51-year old Walmart employee died of complications of Coronavirus just two days after he was finally sent home from work on March 23rd. Wando Evans’ family alleges in the lawsuit that Evans told his managers about his symptoms but was ignored. The suit also alleges that Walmart knew that other employees were also showing symptoms of Coronavirus and that another man who worked at the store also died, just four days after Wando. Wando had worked for Walmart for the last 15 years as an overnight stock and maintenance associate at a store in Evergreen Park, near Chicago.
Read MoreState or Federal Court for a Wrongful Death Claim?
When a person dies because of the negligence or willful act of another entity or person, the surviving family members may be able to bring a civil lawsuit, often through a representative of the deceased person’s estate. This type of lawsuit is called a wrongful death claim and its purpose is to recover damages for pain and suffering, lost income, care and companionship, medical and funeral expenses, etc. The rules for wrongful death claims vary from state to state, where the vast majority of wrongful death claims are made.
There are some circumstances, though, where wrongful death claims end up in federal court. Often, this is when a defendant requests that the case be moved from the state-level to the federal judicial system.
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