What is a Wrongful Death?
A wrongful death is a claim made on behalf of the survivors or beneficiaries of a person who has died as a result of wrongful conduct—either negligent or intentional. Such claims are generally made by those financially dependent upon the deceased.
According to the Legal Information Institute (LII) at Cornell Law School, wrongful death is defined as “a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute.” As such, damages can include medical expenses before death, loss of earnings of the deceased during their expected natural life, and loss of consortium (deprivation of a marital/sexual partner or familial relationship).
A wrongful death can arise from a multitude of situations, including car accidents caused by a drunk or negligent driver, medical malpractice where a healthcare provider fails to provide adequate care, and fatal workplace accidents due to unsafe conditions or lack of proper safety measures. Specific cases, such as O.J. Simpson’s civil trial for the wrongful deaths of Nicole Brown Simpson highlights how wrongful death claims operate separately from criminal proceedings, focusing on liability and compensation rather than criminal guilt. The benefits of wrongful death claims include providing financial support to the deceased’s family members, holding responsible parties accountable, and potentially promoting changes to prevent future incidents. Understanding wrongful death claims is crucial for families seeking justice and compensation for their loss and for legal professionals advocating on their behalf.
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Can I Sue My Doctor for Medical Malpractice If I Contracted Sepsis?
If you were provided medical care and that care resulted in contracting sepsis, you may be able to sue your doctor for medical malpractice. However, your ability to file a medical malpractice lawsuit for sepsis depends on the specific details of your case. To have a medical malpractice claim, a healthcare professional must have deviated from the expected standard of care, leading to your illness or injury.
The medical malpractice lawyers at Munley Law can help you understand your legal options if you’ve become ill or injured after medical care.
Elements of a Medical Malpractice Case for Sepsis
Understanding the essential elements of a claim is key to successfully pursuing a lawsuit in medical malpractice cases like sepsis. In any personal injury case, the plaintiff must show four elements to prove that the medical professional or facility was responsible for the sepsis: duty of care, […]
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What Are the 5 Most Common Causes of Wrongful Death?
Learn about the five most common causes of wrongful death, including medical malpractice and accidents, and how to protect your rights.
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What Is a Wrongful Death vs Survival Action?
Losing a loved one is always incredibly painful, but losing someone tragically and unexpectedly due to someone else’s negligence can seem impossible to navigate. If your family member was a key financial supporter of your household, your grief is likely being compounded by extreme financial stress. You may be wondering how you can put your family member or spouse to rest, pay off their medical bills, and keep your household afloat, but you may have legal recourse through wrongful death or survival claims. At Munley Law, our wrongful death attorneys can walk you through your options to seek justice for your deceased family member and obtain financial support.
Understanding Wrongful Death Claims
A wrongful death claim is a type of lawsuit that serves to compensate a deceased person’s family members for the loss they have suffered as a result of their loved one’s death, […]
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What to Do If the Car Seat Is Defective
Every parent remembers that first drive home from the hospital – your newborn secured in their car seat while you drive more carefully than ever. We trust these essential safety devices with our children’s lives, which makes it all the more devastating when a car seat fails to protect our little ones due to a manufacturing defect. As a parent, few things are more frightening than discovering your child’s car seat – the very device meant to keep them safe – may have put them at risk of serious injury or worse.
While no parent wants to imagine their child being harmed by a defective car seat, understanding how to respond and knowing your rights isn’t just important – it could be crucial for protecting your child and other families using the same model. If your child has been injured due to a faulty car seat, you don’t have to navigate this difficult situation alone. […]
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Suing a Neighbor for an Injury on Their Property
Property owners are responsible for keeping the property they invite others into safe. If they fail to clear the space of hazards and someone gets hurt, the injured person has the right to sue the negligent property owners responsible for their injuries.
If you or your loved one were injured on a neighbor’s property, you have the right to file a premises liability lawsuit against their insurance company. An experienced premises liability attorney at Munley Law will guide you through the claims process and help you recover fair compensation for your injuries and losses. Call today for a free consultation.
If I’ve Been Injured at My Neighbor’s Home, Can I Sue?
The short answer is, yes, you can sue if you were injured at your neighbor’s home. However, you must be able to prove the four elements of negligence to have a valid premises liability claim. […]
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