Tampa Personal Injury Lawyer & Attorney of Product Liability Cases

Tampa Personal Injury Attorney Scott Distasio discusses injuries caused by defective products and other's misuse of those products. The Distasio Law Firm handles all types of accident and injury cases, such as auto, truck, motorcycle and boating accidents. They also help clients with legal matters involving medication errors, defective drugs, slip and fall, dog bites, nursing home abuse or neglect and wrongful death. You can contact Mr. Distasio at www.DistasioLawFirm.com or by calling (800) 790-3504.



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Need an Orange County Personal Injury Lawyer?

jacksonandwilson.com Need a lawyer? 2009 Orange County Trial Lawyer of the Year, Jon Mitchell "Mitch" Jackson discusses personal injury and wrongful death law. Call 800-661-7044.



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New York Medical Malpractice Attorneys / NY Surgical Error Lawyers, Belluck & Fox

Have you or a loved one suffered an NY Surgical Error? The law firm of Belluck & Fox can help! Dial 1-877-NYLAW09 and speak with our New York Medical Malpractice attorneys today!



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How Are Future Damages Calculated in Wrongful Death Lawsuits?

If you have lost a relative due to someone else's negligence in the state of Massachusetts, and you plan to file for wrongful death compensation, you will need to calculate the value of your damages. Compensatory damages may be paid for any expenses that you've incurred, such as medical bills and funeral costs, as well as for factors such as any future income which the victim would have earned.

The way to calculate these future damages can be a complicated and confusing process.

Calculating Future Income Losses in Wrongful Death Compensation

Future losses in Massachusetts wrongful death lawsuits are calculated as the amount of income a victim would have earned if he or she had lived. This may be estimated by taking the victim's income at the time of their death, and multiplying this by the years left until their age of retirement, or until the time of their expected death.

For example, if a 40-year-old married man was earning $30,000 a year at the time of his death, and was not expected to retire or die for another 25 years, his annual income at the time of his death would be multiplied by the number of years he could have continued working. In this case it would be $30,000 x 25 years, which would equal future losses of $750,000.

These calculations become complicated when life expectancy is used to estimate the loss of a victim's income. In these calculations, other factors may be involved, such as medical history or genetics, which can increase or decrease the life expectancy.

Present Value in Wrongful Death Compensation

When life expectancy is used to calculate a victim's loss of income, courts will often reduce the future losses to a present dollar value. This is done by estimating the present value of one dollar in the future, based on the number of years the victim was expected to live and an annual interest rate. Once that value is established, it is multiplied by the victim's yearly salary.

These calculations are not always done the same way because the factors involved may vary. A Massachusetts wrongful death lawyer can help to more accurately estimate the value of your wrongful death compensation.

If you have been seriously injured as a result of someone else's negligence in Massachusetts, visit http://www.tomkileylaw.com/swat/index.cfm to learn about your rights and options under the law.

Massachusetts personal injury lawyer, Thomas M. Kiley, has been representing individuals against insurance companies since 1976. He was referred to as the "Million Dollar Man" in a featured article by the Boston Herald Sunday Magazine in it's "Personal Best Series." This was based on his record of obtaining million dollar verdicts and settlements in complex cases in which he represented injured victims against insurance companies.

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California Medical Malpractice Attorney Brain Damage Demo

California Medical Malpractice Lawyer Bruce Fagel discusses brain damage injuries during birth. The Law Office of Bruce Fagel and Associates handles all medical malpractice cases including birth injuries, brain injuries, Cerebral Palsy, wrongful death, Kaiser malpractice, cancer misdiagnosis, Brachial Plexis injuries, nursing home negligence, doctor and hospital malpractice and more. They serve Los Angeles, Orange County and all of California. You can contact Mr. Fagel at www.FagelLaw.com or by calling (800) 541-9376.



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Wrongful Death Lawsuits

A wrongful death settlement is an American tort law action that claims damages from any person who, through negligence or direct act or omission, caused the wrongful death of certain relatives.

Because, under the common law, there is no right of action for survivors for their own loss as a result of wrongful death, such actions are commenced under specially designated ""wrongful death settlement"" statutes. An attorney can help with a wrongful death settlement.

A death caused by an individual, group of individuals, company, or organization can be filed under a wrongful death. This can be an immediate or delayed result of someone else's negligence and the misconduct or negligence. Wrongful deaths may be intentional or unintentional. They can occur in an instant or they can be long and agonizing events.

Usually, wrongful death lawsuits are filed by the relatives of the deceased. However, there is no wrongful death cause of action under the common law and hence, the suits must be brought under a state's Wrongful Death statute.

As an example, a wrongful death statute in Massachusetts can be for someone who causes the death of a person either by negligence, by willful, wanton or reckless act, or by breach of warranty that results in injury which resulted in death.

Negligence or the willful, wanton or reckless act of a person's agents or servants while engaged in that person's business makes the person liable to the same extent and subject to the same limits as for the person's own act.

The related section under the action of tort can be used, by the executor or administrator of the deceased, to recover damages. Damages recovery, under this section, will be commenced within three years from the date of death, or within three years from the date when the executor or administrator knew, or should have known the factual basis for a cause of action.

Lawsuit Loans provides detailed information about lawsuit loans, lawsuit loan companies, lawsuit loan services and more. Lawsuit Loans is affiliated with Viatical Life Settlement.

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A Wrongful Death Lawsuit Can Help You Recover Your Losses

Losing a loved one unexpectedly to a tragic and preventable accident can be devastating. Losing that person to the negligence of someone else only adds to the feelings of pain, frustration, and loss that accompany such a death. If your loved one died as a result of someone else's negligence in Massachusetts, you may be entitled to file a Massachusetts wrongful death lawsuit against the person(s) responsible.

The term "wrongful death" is used to describe a legal claim against a person or entity liable (responsible) for the death of someone else. This can apply to a drunk driver that caused a fatal car accident, a doctor or medical staff member that failed to exercise "due care" during a medical procedure, a pharmaceutical company that failed to warn its patients about deadly side effects, or the manufacturer of an unsafe toy that resulted in the death of a child.

Massachusetts Wrongful Death Lawsuits vs. Criminal Charges

Unlike criminal cases which must prove beyond a reasonable doubt that the defendant committed a crime, Massachusetts wrongful death lawsuits are civil cases which rely on the "preponderance of evidence", which means your Massachusetts wrongful death lawyer can win your civil case by proving the death was more than likely a result of the defendant's actions than not.

This is a lower burden of proof than that required by the criminal justice system, therefore a negligent party may be found "not guilty" in a criminal trial, but determined liable for their actions in a civil case.

While a lawsuit won't bring back your loved one, it can help hold the negligent parties responsible for their actions and give you and your family the monetary compensation for the financial burdens you may be facing following the loss of your loved one.

The Massachusetts Wrongful Death Statute allows the family members of the deceased victim to receive compensation to help pay for outstanding medical bills, funeral expenses, loss of future income from the deceased, as well as damages for pain and suffering, loss of companionship, and emotional non-economic factors.

If you are considering filing a Massachusetts wrongful death lawsuit, it is important to retain an experienced Massachusetts wrongful death lawyer who has successfully handled cases similar to yours. While you are interviewing wrongful death lawyers, do not be afraid to ask important questions such as: how many wrongful death cases have you handled in Massachusetts; of these cases, how many have you won; and, what is the biggest settlement or verdict you have obtained for your clients in similar situations?

Reputable personal injury law firms in Massachusetts will offer the victims of catastrophic accidents a free legal consultation. This offer is often extended to the family members of deceased victims looking to file a wrongful death lawsuit for the untimely passing of their loved one. In addition to a free evaluation of your accident case, many personal injury lawyers in Massachusetts will work on a contingent basis meaning, there are no legal fees unless they win your case.

In delicate legal situations like these, you need a Massachusetts attorney who will work tirelessly to balance your concerns with the rigorous demands of the legal system.

Massachusetts personal injury lawyer, Thomas M. Kiley, has been representing individuals against insurance companies since 1976. He was referred to as the "Million Dollar Man" in a featured article by the Boston Herald Sunday Magazine in it's "Personal Best Series." This was based on his record of obtaining million dollar verdicts and settlements in complex cases in which he represented injured victims against insurance companies. To learn more please visit his firm's website at http://www.TomKileyLaw.com.

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