When a death occurs that was caused by an individual or entity there may be legal claims that you are entitled to for compensation. We may be able to help…
Wrongful death claims result when someone dies due to the legal fault of another individual or entity. Such claims are designed to recover compensation for the losses of the surviving family members such as spouse, children, stepchildren, parents, and stepparents. Losses may include the monetary loss to the estate, lost benefits, lost companionship of the deceased loved-one, the loss of services of the deceased, pain and suffering of the deceased, medical expenses and the costs of a funeral and memorial services. Wrongful death claims can result from any type of fatal accident including medical malpractice, an auto accident, product liability or a workplace accident. It is important to retain an experienced wrongful death attorney to assist the family in pursuing justice, and honoring their deceased love-one. This allows the family to focus on the difficult process of grieving while we pursue justice and accountability of the at-fault party.
Who Can File a Wrongful Death Claim?
By law, a wrongful death claim can only be filed by the personal representative of the deceased family member’s estate. The initiation of a probate action to appoint the personal representative is a necessary first step. Although the claim is brought by the personal representative, it is brought for the damages suffered by the estate as well as for the survivors who suffered damages as a result of the death. This always includes immediate families members like a spouse, children, stepchildren and parents or stepparents of the deceased loved-one.
Not all deaths that result from an auto accident are considered wrongful as a claim requires that someone other than the deceased be at fault for the fatality. For example, an individual who is killed while driving drunk may not recover, however the families of others fatally injured by the drunk driver may recover for a wrongful death claim. Common examples of negligence that may result in a claim for wrongful death include illegal U-turns, reckless driving, running a stop sign or red light, speeding or driving while intoxicated.
Compensation from an Auto Accident
The death of a loved one is without a doubt the most devastating thing you can go through, both financially and emotionally. If your loved one was killed in an auto accident as a result of the fault of another driver, it’s important to consult with an experienced attorney. Compensation from an wrongful death case involving an automobile accident may include lost value to the estate from future income, the loss of benefits like insurance, loss of companionship, grief and mental anguish, funeral costs and expenses such as medical bills of the deceased loved-one.
We place our trust in medical professionals to provide quality care. The vast majority of the time this trust is well placed. However, sometimes a medical provider may fall short of the standard of care resulting in injuries or even death. Mistakes can be made during diagnosis, treatment of a medical condition, giving a dosage of a prescription or administering anesthesia before surgery. Unfortunately, these mistakes cause the death of thousands of people every year.
Medical malpractice cases are notoriously difficult and expensive to prove and require the services of an experienced medical malpractice attorney to obtain a settlement. If your loved one has died as a result of medical malpractice, it’s important to consult with a lawyer so the at-fault party can be held responsible for their mistake, and to help ensure that future mistakes are eliminated and others are not harmed.
Compensation for Medical Malpractice
The personal representative of the estate, on behalf of the estate and the surviving family members can file a wrongful death lawsuit as the result of medical malpractice. Compensation can be provided for both non-monetary and monetary losses ranging from the loss of financial support to the loss of support, care and comfort of the tragically deceased loved-one.
How Medical Malpractice Claims are Proved
Negligence must be proven by law in every medical malpractice case, including cases resulting wrongful death. In all except the most obvious of cases, it will be necessary to consult with expert medical physicians to determine whether the medical provider in question met the standard of care. An experienced law firm will be able to consult with such experts to evaluate the case.
We all need to work to make a living and we trust that our employers provide us with a safe place to work. Unfortunately, accidents in the workplace can lead to a wrongful death. Workers’ compensation benefits are available to the families of victims of a fatal accident. Under the law, a claim for wrongful death can also be maintained against third-parties (other than the employer) that are responsible for the workplace accident. Such claims can seek to recover damages for funeral costs, the loss of value to the estate from future income of the deceased, loss of companionship of the deceased loved-one, pain and suffering that he or she experienced and potentially even punitive damages for egregious negligence.
While no amount of money can ever replace your loved one, compensation can help your family through this difficult time and pay for expenses that have been occurred. It is also important that those that negligently cause harm be held responsible for the tragic consequences of their actions.
Cases involving wrongful death in the workplace are incredibly complex and require a knowledgeable attorney with experience dealing with workers’ compensation, probate law, and the civil court system.
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Disclaimer: The information presented on this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that particular case and the results will differ from case to case. Our past results do not guarantee the same results in the future as each case depends on its own unique set of facts and circumstances. To get specific legal advice regarding your personal injury, auto accident, motorcycle accident, bicycle accident, brain injury, workers’ compensation claim or wrongful death claim; please contact the law offices of Adams, Hill & Hess. This web site is not intended to solicit clients for matters outside of the State of Oregon and may be considered advertising by the Oregon State Bar Rules.