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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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Prescription Errors and Wrongful Death

Prescription medications have done wonders for society. Individuals with incurable ailments are able to live long, normal lives thanks to medical advances that have improved drugs over the years. However, our heavy reliance on prescription drugs makes an error that much more dangerous.

Prescription errors refer to any manufacturing or marketing defect on the part of the pharmaceutical company as well as any pharmacy error that may cause a prescription to be incorrectly filled. Individuals who receive these errant prescriptions may be in grave danger.

Since prescriptions have such specific purposes, individuals who are denied the drugs that they need may be untreated for their ailments. This may allow an ailment to worsen or advance, which can be deadly depending on the specific ailment.

Additionally, there is a chance that the drug an individual takes is toxic to individuals without the intended ailment. Because of this, individuals may suffer symptoms of poisoning when they are given the wrong prescriptions.

If the drug had a manufacturing error, then it may contain unsafe chemicals and elements that can be damaging to individuals who take it.

Individuals who take the wrong medications may suffer a number of effects, including heart troubles, difficulty breathing, poisoning, internal bleeding, or brain damage. Each of these effects may, in turn, lead to the individual's death.

Families of wrongful death victims may be entitled to financial compensation. These families should bring their cases to experienced wrongful death lawyers to learn more about which pharmaceutical company or pharmacy to target in a wrongful death lawsuit.

If you have lost a loved one because of a prescription error, you should fight to hold the responsible party accountable for its actions. Discuss your legal rights and options with the Pennsylvania wrongful death attorneys of Lowenthal & Abrams, P.C., today.

James Witherspoon

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Factors That Go Into Wrongful Death Settlement Decisions

Unlike what you see on dramatic television shows, the vast majority of cases settle long before the trial ever comes around. There are a host of issues that go into making the decision for both parties. In this article, we take a look at a couple that may be less obvious, but need to be considered in wrongful death actions.

The facts of a case dictate its outcome. More pointedly, the evidence supporting those facts dictates the result. To this end, there is an old saying among lawyers. If the law is against you, argue the facts. If the facts are against you, argue the law. If both are against you, try to make it personal with opposing counsel. Some say this last approach was what kept OJ Simpson out of jail on his murder charges. Regardless, the evidence and law in a case are critical, but there are two other factors to take into account.

You have a wrongful death case wherein your spouse was killed in a car crash involving a dump truck. Liability is clearly in your favor, but there is a problem. The dump truck driver was self-employed. The only thing he really owned was his truck. He wasn't married and didn't own a home and so on. The truck is worth about $20,000, but he did have insurance for another $100,000. The insurance company is offering the full $100,000 to settle the case. In this scenario, taking the case to trial is not really worth it. You could get a judgment for a trillion dollars, but you will never see the money. In the OJ case, the families of Ron Goldman and Nicole Brown ultimately received a $30 million plus judgment. They've recovered a tiny fraction of it because most of his assets were shielded. In short, it was a hollow victory.

The second issue to consider is the jury reputation. Every jury is different, but communities show trends when it comes to their views on cases. Some areas of the country produce juries that almost always side with doctors in medical malpractice cases unless liability is absolutely clear such as San Diego. Just up the coast in Long Beach, the opposite is true. In deciding whether to settle a wrongful death case, knowing how juries tend to act in your area is a critical issue.

The decision to settle a case is often a simple one. There is usually something that arises that clearly dictates one result or another. When evaluating the case with your attorney, make sure to remember to consider these two issues.

Thomas Ajava is with BirminghamWrongfulDeathLawyer.com - find a quality Birmingham wrongful death attorney to handle your case and get you through a tough time.

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Manslaughter and Wrongful Death

The legal system in the United States is divided into two different fields. One is criminal law, where crimes are considered to be against everyone and are brought to trial by a representative of the state. For a death, this would be a case of homicide or manslaughter involving the police and the district attorney. There are also crimes against people or property which are handled by civil law. The responsibility of bringing these cases to court lies with those who were wronged. So in a death, the surviving family members could sue the person responsible for wrongful death. The two court systems operate independently of each other, so it is conceivable that a person could be tried for both wrongful death and manslaughter.

Wrongful death cases sometimes have a shorter statue of limitations in some states. Contact your Colorado personal injury lawyer to see what the statute of limitations is and if there is a date of discovery limitation on filing a wrongful death lawsuit. The discovery date laws say that the statute of limitations only starts from the day the crime was discovered. So if the normal statue of limitations in Colorado is 2 years, but a missing person's body is not found until 4 years later, a Denver wrongful death attorney could still file a claim. The state may have a limit on how long after the fact delayed discovery cases can be brought to trial.

Car accidents and the like that did not involve actual malice or pre-planning would be manslaughter under criminal law. The same person could be tried for negligent wrongful death if they behaved in a irresponsible way that lead to a death. There are also cases of voluntary manslaughter, where the defendant killed on purpose, but in a situation where he was provoked, and it would be reasonable for someone to lose control in that situation. The classic case is the spouse who returns home to find someone else in their partner's bed and kills them. The defendant killed on purpose, but did so because they were provoked. This is not a defense like self defense, just a slightly lesser crime than homicide.

If the death was a result of reckless disregard (or negligence if it was civil law) but not on purpose then the case might be tried as manslaughter. The Denver personal injury attorney may be able to help with advice in such situations, but you had best get a criminal defense attorney on retainer as well. Depending on the facts of a car accident there could be many different outcomes. A defendant may not be guilty under criminal law, but still be sued under civil law. Or if the defendant acted extremely recklessly on purpose and ran someone over, it could even be homicide.

Hi, I'm Clark McReynolds, a legal guru in Denver, Colorado. Check out my Colorado personal injury blog to find how to protect yourself in case of an injury. I also review professional Denver wrongful death lawyers so you find one you can trust.

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Wrongful Death, What Does it Really Mean?

What is the appropriate action when someone was killed by the act of another?

A wrongful death lawsuit is brought on by an immediate member of the deceased individual's family.
What must be proved?

Generally one or more of the following must be proved to be successful in a wrongful death suit:

* Negligence of a company, person, city, or other public agency.
* Intentional act is where someone deliberately injured the victim which eventually caused death.
* Some other liable action, such as an action which caused another person to injure the victim.
* Extent of the heir's damages, what type of monetary loss, and pain and suffering was caused?

Who can sue?

The laws vary from state to state as to which family members and how many may sue for wrongful death. The following order of claimants can be used as a guide to determine where you might stand in a wrongful death claim:

1. Spouse and children
2. Parents, brothers, and sisters
3. Minors who lived with the deceased and received 50% of the support

What are the monetary damages?

The amount of damages that can be collected in a death lawsuit vary based on a number of factors that pertain to the deceased and include:

* Age: used in determining the amount of years the victim could have expected to work
* Health: what was the overall health condition and what was the current productivity.
* Life expectancy: How long would this person have lived?
* Earning capacity: What is the value of the income the victim would have earned over their lifetime?
* Medical and funeral expenses: Actual costs associated.
* Plus any other factor that shows how the plaintiff would have benefited from the deceased

In all wrongful death matters, it is recommended that you seek professional legal assistance to protect your interests, such as http://www.Ariellawgroup.com. A lawyer who has experience in this area of law can give legal advice that will assist you with the matter and will ensure that the judicial process is properly followed. Contact our law offices today for more information. 310-477-2626

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Wrongful Deaths in Car Accidents

The death of a loved one in a car accident can have a life-long impact on the family members survived by the wrongfully deceased. The emotional pain, loss of companionship, and loss of support provided by the deceased cannot be measured. Often, family members are unaware of their rights, and do not understand the benefits of pursuing litigation. This is unfortunate because in times of uncertainty, litigation against the responsible party can provide some sense of pursuing justice and comfort.

If someone you know was wrongfully killed in a car accident, contact an experienced attorney to pursue the justice you deserve. Car accidents often are the result of careless or negligent driving, and this should be appropriately remedied. Legal action provides such an option, and you should seriously consider every option available to you in this difficult time.

Types of Compensation Available

The family members of a person wrongfully killed in an accident can often claim compensation for the following:

• Life insurance


• Medical bills


• Pain, mental anguish and suffering


• Anticipated future earnings of the deceased individual


• Loss of companionship


• Funeral expenses

In the wake of a loved one's death, legal concerns are probably the last thing on your mind. However, the unexpected loss of a loved one can result in serious financial demands that can easily lead you into serious debt. If your loved one died as a result of someone else's negligence, it is important to pursue the compensation you deserve from that individual so that you are not left with the financially crippling effects of someone else's mistake.

Additionally, you may be able to pursue punitive damages from a grossly negligent driver. These damages are intended to punish the responsible party and deter others from making the same mistakes in the future.

If someone you love was wrongfully killed in a car accident, visit the website of the passionate Clarksburg car accident lawyers at the Law Offices of David W. Frame today for more information.

James Witherspoon

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Forklift Accident Injuries

Common Causes of Forklift Accidents

Estimates indicate that thousands of people sustain injuries from forklift accidents every year. Forklifts, or powered industrial trucks (PIT), can be dangerous when the operator is unaware of how to use them or when they are defective. Commonly, accidents occur as a result of the forklift tipping over, unsafe driving, and falls from a forklift. Many tipping accidents occur when unloading and loading a forklift. According to the Occupational Safety & Health Administration (OSHA), 25 percent of all forklift deaths occur because a forklift tipped over and crushed a person beneath it.

OSHA attributes forklift accidents to the failure to follow safety procedures, insufficient training of operators, and the failure to enforce safety rules. Consequently, OSHA has implemented safety standards that require all forklift operators to receive training and to become certified prior to operating a forklift.

Receiving Workers' Compensation for a Forklift Accident

A forklift injury that occurs at a workplace, may entitle the injured worker to workers' compensation. Most states require employers to purchase workers' compensation insurance. Workers' compensation provides injured workers with benefits, such as medical treatment, job displacement benefits, permanent disability, and death benefits. These benefits are provided regardless of whether the employer or the employee is at fault. In exchange for the benefits provided an injured worker, an employer receives protection from a future lawsuit brought by the employee. If a worker dies because of the work-related injuries, death benefits may be available to eligible family members.

Bringing a Personal Injury Lawsuit

A worker may file a legal action against a third party that bears some responsibility in the accident. Possible third party defendants include the landowner, the general contractor of a construction site, and the forklift manufacturer. Civil courts hear personal injury claims, which must be brought within the time specified by the state.

Premises Liability of the Land Possessor

Landowners and occupiers owe a duty to make sure a property is safe. A forklift accident that occurs because of an unsafe condition on the property may create a cause of action against the landowner or the person in possession of the property. A landowner does not always possess the land. The land possessor is the person who has control over the property. The law imposes this responsibility because the person in possession of the land can easily discover dangerous conditions on the property. Consequently, a worker injured by a forklift at a construction site may have a cause of action against the general contractor, a subcontractor, or the person in charge of the construction site.

Negligence of a Third Party

While a worker may not bring a legal action against an employer if workers' compensation benefits are available, a person injured by a forklift may initiate a negligence claim against a third party responsible for their injuries. Negligence refers to a person's failure to act as a reasonable person would in a similar circumstance. A successful claim may result in damages for pain and suffering, and past, present, and future medical care and loss of earnings.

Products Liability for a Defective Forklift

Sometimes a forklift accident is the result of a defective part or forklift design. When this occurs, a person may have a legal claim for products liability against the manufacturer of the forklift. The theory of products liability imposes tort liability on the manufacturer or seller of a product that causes injury to a buyer, user, or bystander.

Most products liability actions rely on strict liability as the basis for the claim. Unlike a negligence claim, it is unnecessary to establish a defendant's fault. It is instead necessary to show that the forklift had an "unreasonably dangerous" manufacturing or design defect, the defect caused the plaintiff's injuries, and the product did not undergo any substantial changes from its original condition. A manufacturing defect is a defect that occurs during the manufacturing process, while a design defect refers to a poorly designed product.

Wrongful Death

If a forklift causes a person's death, the decedent's personal representative may bring a wrongful death action to recover compensation. The intent of a wrongful death action is to provide monetary compensation to a decedent's relatives. Most states allow a personal representative to file a claim on behalf of the decedent's spouse or children. Some states allow the parents of an unmarried decedent to recover damages.

State law governs wrongful death actions. Most require proof of three elements: the defendant's conduct caused the decedent's death, the defendant's actions amounted to negligence or intentional wrongful conduct, and the eligible family members and / or the DCE have incurred monetary damages because of the decedent's wrongful death. A plaintiff may recover non economic damages, such as compensation for loss of support, loss of anticipated earnings, and loss of consortium.

For information on wrongful death lawyers & attorneys, visit the Philadelphia law firm website FeldmanShepherd.com.

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Mark Hirschbeck's Fight For Justice Could Impact Thousands

On Tuesday, March 31st 2009, former Major League umpire Mark Hirschbeck joined others harmed by dangerous medical devices and their families in Washington, D.C. to meet with members of Congress about the Medical Device Safety Act, legislation that would restore to thousands of Americans the right to seek justice through the civil justice system. Thousands of unfortunate Americans have suffered or even died because of defective medical devices like heart defibrillators, artificial valves, and defective knees and hips.

It's an uphill battle. In 2008, the Bush Conservative-stacked U.S. Supreme Court ruled in the infamous Riegel v. Medtronic decision that manufacturers of Class III medical devices that have been approved by the FDA's equally controversial pre-market approval process, are essentially immune from liability. Not taken into account by the court was the deplorable condition of the FDA as an agency during the final year of the Bush-Cheney tenure, and how such agency approvals were too often destined to succeed without having to present compelling evidence of devices actually being safe, or subjecting such evidence to any genuinely independent scrutiny.

The Riegel decision is the subject of the Medical Device Safety Act that would rectify an injured patient's right to sue in the courts when medical devices have failed, or even been recalled. In his majority decision, Justice Antonin Scalia wrote that permitting state juries to impose liability on the maker of an approved device "disrupts the federal scheme" under which the FDA has the responsibility for evaluating the risks and benefits of a new device.

Mark Hirschbeck is a patriotic American not usually associated with "disrupting federal schemes." But since 2002, his MLB umpiring career and his quality of life have been disrupted drastically by six surgeries on his right hip - one arthroscopic and five hip replacement procedures. Most of his pain and suffering was triggered by a defective ceramic-lined implant. The ceramic liner simply cracked. What was supposed to last fifteen years lasted just six weeks. A proud man who used to umpire at the highest professional level now has trouble getting down to the ballpark to watch his daughters and son play. No wonder he's become a crusader.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.

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Oregon Personal Injury Claims

Personal injury claims are made when a person suffers injury from another person, object, or company. The injury can be physical, emotional or financial. The only thing is that, it has to be proved. Personal injuries may include: slip and fall injuries, nursing home abuse, car accidents, defective product injury, exposure to toxic materials, medical malpractices, wrongful death (due to negligence), drug injury, dog bite or job injuries.

Personal injury claims can be from the person/persons who have actually caused the injury or from the insurance company. A personal injury claim must address two main issues: liability (the person charged is truly and legally responsible for the damage) and damages (the damages claimed truly reflect the exact extent of the injury or loss suffered). As per Torts Law, the case can be based on any of the three grounds: negligence, strict liability and intentional wrong. In case of injury resulting in death, the family members of the deceased can claim damages.

Persons who file an Oregon personal injury claim are eligible to receive compensation for their pain and suffering, loss of income, permanent disability (if any), emotional distress, and any other injuries that have been proved to be a result of the personal injury.

For filing a claim, it is important to prove that: 1) the person/persons/company is legally responsible for the injury and 2) the damages claimed really reflect the real extent of the injury or loss. These two elements, known as liability and damage, are very important for personal injury claims.

Personal injury claims are subject to statues of limitations, which mean that the claim must be made within a particular time period from the time of the injury. Statues of limitations differ from state to state. Oregon has its own statues of limitation for personal injury cases.

While making personal injury claims, it is better to consult a good attorney who has expertise and experience in dealing with such cases. Information about these lawyers is available in Oregon yellow pages or on the Internet. Friends, colleagues and family members are also a good source of identifying a good Oregano personal injury lawyer.

Oregon Personal Injury Lawyers provides detailed information on Oregon Personal Injury Claims, Oregon Personal Injury Funding, Oregon Personal Injury Law Firms, Oregon Personal Injury Laws and more. Oregon Personal Injury Lawyers is affiliated with Wrongful Death Attorneys.

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Hiring a Lawyer

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Types of Medical Wrongful Death Claims

Wrongful death lawsuits are filed when a person is killed through the negligent or intentionally wrongful conduct of another. One area where these legal claims are commonly made is in the medical profession.

Julie's jaw had been causing her pain. A dentist looked at it and found a problem with a joint. She was sent to an oral surgeon who suggested outpatient surgery could take care of the problem. Two weeks later she was sitting in the operating chair. He put her under and started the surgery. She turned out to be allergic to the anesthesia and suffered anaphylactic shock and suffocated when her air passage closed off. This is a prime case for a wrongful death action, one in which a jury will determine if the surgeon had a duty to ask about any allergies she may have had and whether he breached that duty. It is a classic medical malpractice wrongful death case, but there are other types as well.

Medical malpractice is by far the most common claim made when it comes to wrongful death. While medical errors usually form the basis of the claim, there is a second area that is also hotly contested. These lawsuits are based on the claim that the physician in question failed to properly diagnose an illness or condition that led to the death of the patient in question. This usually occurs when a patient goes to see a doctor complaining of some pain or discomfort. The doctor then has a duty to perform certain tests depending upon the patient's complaints. Should the doctor fail to perform the test or misinterpret the results, and the patient die, a wrongful death action can be brought. The lawsuit is then brought by the heirs and beneficiaries of the victim.

Medical cases make up a large percentage of wrongful death cases, but they certainly are not the only area where such claims arise. Any situation where a person is killed by negligent or intentional conduct is ripe for such a claim.

Thomas Ajava is with JacksonWrongfulDeathAttorney.com - your online resource for finding a Jackson wrongful death attorney to handle your case.

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Colorado Designated Beneficiaries Press Conference

Dozens of people gathered this morning in the atrium of the Wellington E. Webb Building to celebrate Colorado's new Designated Beneficiaries law and file their agreements with the Denver Office of Clerk and Recorder. "This is something we've been hoping would happen for years and it's going to be such a huge relief to have the law backing up our legal documents," said Liz Gettings, who along with her partner, Patricia Vivien Yarrow, were among the first in Colorado to file their Designated Beneficiary agreements. The law, which takes effect today, provides a new tool for estate planning, giving Coloradans access to a low-cost and convenient method for making plans for end-of-life decisions, inheritance, and other protections related to health care and medical emergencies. It also allows beneficiaries to sue for wrongful death and the access to workers compensation benefits, two provisions that weren't possible for unmarried couples before today. (For more information go to www.designatedbeneficiaries.org.)



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Wrongful Death Lawyer For Fair Settlement

To get a fair settlement after a wrongful accident caused by a negligent driver or medical professional is to hire the best wrongful death lawyer. You will not have a hard time in locating experienced lawyers in you place. There are various law firms that specialize in cases of wrongful death. You can always as for referrals from those who have been in this accident. You need to take legal action against the negligent party who caused the death of your loved ones.

You might that hope is far away from you especially that the situation cost the life of another person. You are left with little hope at all. However, your lawyer is at your side to support you in such difficulty. You maybe emotionally down and you are not in your right state of mind to handle the legal issues. You may not be able to decide whether or not to proceed with the case because you are too exhausted and stressed. You cannot believe that your loved one just passed away just because of the negligence of the other person. You may be unaware of the complexities that can happen in the legal world.

In times like this, you need to talk to the wrongful death lawyer so that you will know your rights as the immediate relatives of the victim. You might be surprised to know that you have rights to exercise especially that victim's death is the result from the sheer negligence of the other party. It would be unfair if the negligent party is doing nothing and you are suffering all the damages including financial, mental, emotional, and psychological damages.

Do you know the various reasons in wrongful death? It can be caused by automobile accidents, work accidents, medical malpractice that resulted to death of the patient. You have to keep this in mind that whatever circumstances that caused the death of your loved one; he/she is entitled to process the compensation claims that will be exercised by the family members of the victim. These rights will be fully explained to your by your lawyer. Choose a lawyer whose expertise is in wrongful death cases. Remember that laws in wrongful death are complicated. You need someone who has all the expertise to win your case. But before you file the case, you need to ask for an advice from your lawyer whether or not your loved one is really a victim of wrongful death.

The only thing you have to be sure is to hire an experienced lawyer so that you will be provided with sufficient information about your rights. You also have to consider that your privileges and rights will depend on your case and the nature of the injury. Remember this always - not all cases have the same rights and privileges. This means that it is a must and absolutely necessary to ask for legal advice. You need a non judgmental and objective so that you will be guided in the right direction. At the same time your wrongful death lawyer must be insightful as well not to hurt your feelings and emotions. He/She must know how to deal in sensitive issues so as not to spoil the investigation and most of all choose a lawyer who has his/her own principle, ruled by justice, equity, and integrity.

To know more about Wrongful Death Lawyer visit www.personalinjuryportal.com.

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What is a Wrongful Death Case in California?

A wrongful death case is a case where a person dies due to the intentional or negligent act of another, or entity. The law allows relatives, domestic partners, and persons who depend upon the wrongful death victim for support to sue for wrongful death. The issue of who can sue for wrongful death is covered below.

Wrongful death cases are traditionally amongst the most emotionally charged cases in personal injury.

Wrongful death cases can take many forms. For instance; a loved one could be killed in a car or motorcycle accident that was not their fault; a loved one may have been killed due to excessive use of force by the police or a private security agency; a loved one may have been killed due to a dangerous condition on public or private property, including defective roads or improperly placed road signs; a loved one may have been killed due to the defective construction of a building on real property; an unborn child may have died due to the negligence of a doctor, or due to an assault and battery on the mother; a loved one may have been killed due to a defective product, or negligent repair.

A wrongful death case can arise when someone was injured in an accident, and then subsequently dies as a result of their injuries.

TIME LIMIT TO FILE A LAWSUIT FOR YOUR WRONGFUL DEATH (CALIFORNIA STATUTE OF LIMITATIONS)

The present Statute of Limitations for filing a lawsuit for wrongful death in the State of California is two (2) years from the date of the accident or incident causing the wrongful death. If you do not file a lawsuit within two (2) years, you lose your right to sue! CCP § 335.1

There are exceptions to the above rule if the wrongful death was caused by the negligence of a doctor or health care provider, or due to building defects.

If the defendant to the wrongful death action is a governmental entity, a claim must be filed with that governmental entity within 6 months from the date of the accident. If the entity rejects the claim, you must then file a lawsuit within six months from the date of the rejection.

WHO CAN SUE FOR WRONGFUL DEATH

A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the victims personal representative on their behalf:

(a) The victims surviving spouse, domestic partner, children, and offspring of deceased children, or, if there is no surviving children of the victim, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the victim by intestate succession (a person dying without a will).

(b) Whether or not qualified under (a) above, if they were dependent on the victim, the putative spouse, children of the putative spouse, stepchildren, or parents. 'Putative spouse' means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the victim was valid.

(c) A minor, if, at the time of the victims death, the minor resided for the previous 180 days in the victims household and was dependent on the victim for one-half or more of the minor's support.
As you can see, there are many people that may qualify to sue for wrongful death. Our law firm handles wrongful death cases, and can tell you whether or not you have the right to sue for wrongful death.

Compensation That You Are Entitled To In a Wrongful Death Case WRONGFUL DEATH DAMAGES

Financial Support - The financial support, if any, that the person who was a victim of wrongful death would have contributed to the family during either the life expectancy that the victim had before [his/her] death or the life expectancy of the person who is suing, whichever is shorter.

The Loss of Gifts and Benefits - The loss of gifts or benefits that the person who is suing would have expected to receive from the victim of a wrongful death.

Funeral and Burial Expenses - The cost of funeral and burial expenses.

The Reasonable Value of Household Services - The reasonable value of household services that the victim would have provided

The loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support that the victim would have provided.

The loss of the enjoyment of sexual relations with the victim.

The loss of training and guidance of the victim.

PUNITIVE DAMAGES

Punitive damages (punishment damages) are awardable to the victims estate in an action by the estate representative based on the cause of action the victim would have had if he or she had survived. an example of a case or the estate of a victim can sue for wrongful death with punitive damages would be intentional homicide.

Copyright 2006

Norman Gregory Fernandez is a California lawyer who handles many types of legal matters. You can reach him through his website at http://www.norman-law.com

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Attorney Howard Ankin on WGN Midday News. 03.08.10

Attorney Howard Ankin of Ankin Law appears on WGN Midday News to discuss legal and worker compensation issues. Ankin Law Offices LLC understands the difficulties and the complex issues linked to workers compensation, personal injury, wrongful death lawsuits, general practice, and motor vehicle accidents. www.ankinlaw.com Ankin Law WGN TV Midday News 03.08.10



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Don't Settle Your New York Wrongful Death Case Without Knowing the New Law

A new New York law put into place in January 2006 means that when you settle your wrongful death case, you will be entitled to earn interest on your money, while you wait for the Surrogate's Court to finalize your settlement.

In the past, when a wrongful death case was settled, litigants needed to wait for approval from the Surrogate's Court in order to have the Court oversee and supervise how the monies would be distributed to the family members. The problem was that the Surrogate's Court would often take many months to reach a conclusion before rendering a final decision that allowed the litigants the approval necessary to obtain their settlement monies. During those months spent waiting for court approval, their settlement money was being held by the insurance companies, and gaining interest for the benefit of the insurance companies.

This has now changed.

When a wrongful death suit is tentatively settled now, your attorney must apply to the TRIAL court for permission to tentatively settle the case. Once the trial court grants their approval, the attorney is able to submit closing papers to the insurance company that will allow your lawyer to obtain your settlement check. From that check, the attorney will be able to immediately (subject to the trial court giving approval) retrieve his expenses that he has documented to the satisfaction of the court, and also be able to obtain his (or her) attorney's fee.

Once that has happened, the case then awaits final approval from the Surrogate's Court to decide how the settlement monies will be distributed. During this hiatus, interest is being generated for the benefit of the litigant, so that when the money is distributed, the interest is also divided according to the formula worked out by the court.

Gerry Oginski is an experienced New York medical malpractice and personal injury trial attorney and practices exclusively in the State of New York. He has tirelessly represented injured victims in all types of medical malpractice and injury cases in the last 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. http://www.oginski-law.com 516-487-8207

Also, take a look at Gerry's FREE NY Medical Malpractice video tutorials at http://medicalmalpracticetutorial.blogspot.com

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Las Vegas Injury Lawyers - RIchard Harris Law Firm - Neck and Back Injuries

As our Nevada injury lawyers celebrates over a quarter century of helping injured people, we want to thank our clients past, present and future for placing their trust and confidence in us. We have the most service oriented, hard working law firm in Nevada. Contact the Nevada injury lawyers at Richard Harris Law Firm today!



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Wrongful Death - How Personal Injury Lawyers Can Help

One personal injury case can turn into wrongful death lawsuit anytime. If the victim is killed as a result of personal injury or negligence of an individual or institute or organization, a wrongful death lawsuit is brought against the responsible party.

However, unlike personal injury cases, here the compensation is paid to the dependants of the killed person. Any form of personal injury accident including automobile accident, slip and fall, work place accident, medical negligence and other such incidents can be the reason of accidental death. Since recklessness and negligence of an entity ruins the life of another, victims have got all the right to file compensation claim in the court of law.

In case of accidental death, those who are financially dependent on the killed person are considered as the victims. Just imagine if the person on whom you depend financially, god forbid, is killed by a road accident won't you become helpless?

State and federal laws help such people by empowering them to claim compensation from the guilty party. Lawyers specialized in handling accidental death cases can help accidental death victims get compensated in their state.

It is true that the loss of a near and dear one cannot be compensated, no money is enough to balance the absence of a family member; still, monetary compensation helps surviving members get back on to their normal lifestyle.

To file wrongful death lawsuit in the court of law, the family members and dependants of the killed person should take help from accidental death attorneys who can guide them starting from evidence collection to presentation. Along with compensation, the feeling of getting justice reduces emotional suffering.

Families suffering from accidental death of a member have the right to receive compensation from the party responsible for the death. The responsible party can be an individual or an organization. Sometimes the surviving members are eligible for compensation from insurance companies as well. It is recommended to consult wrongful death lawyers as soon as possible, so that the lawyer can guide the claimants on how to protect key and strong evidence and make the wrongful death compensation claim process much easier. Wrongful death attorneys can also guide you learn the importance of Statute of Limitations (SOL) and help prevent your claim from going invalid by taking proper steps timely.

If you or your acquaintances lose a family member due to irresponsibility and negligence of a third person, do not delay to see personal injury lawyers or wrongful death attorneys. While hiring personal injury lawyer, make sure you deal with a skilled and experienced attorney. Those with years of experience in representing accidental death claimants can be of great assistance. Laws related to accidental death may vary from state to state. Victims should consult lawyers from their own state.

Senior attorneys represent the case in court of law highlighting the rights of the surviving members of the victim's family. Wrongful death lawyers educate their clients about their rights, collect reports and evidence properly and help claimants win the case. The compensation amount enhances the recovery process and brings back the surviving members to their normal lifestyle.

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Find out more top Florida Personal Injury Lawyers and get latest legal advice.

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Truck Accident Lawyers | Serious Injury | Illinois, IL

Call 1-800-773-6770 to speak to a real truck accident lawyer. Also visit us at: www.truckaccidentlaw.org Truck accident attorneys Gordon & Elias LLP understand how painful a serious injury or wrongful death can impact a family. Truck accidents involving serious injury are terrible occurrences in the lives of the families involved. In Illinois, wrongful death along truck routes and interstates and burn injuries suffered from an accident are a terrible thing for a family to go through. The Texas based attorneys at Gordon & Elias LLP can serve clients throughout Southern Illinois, including Alton, Arlington Heights, Belleville, Bolingbrook, Buffalo Grove, Calumet City, Carpentersville, Champaign, Crystal Lake, Danville, Decatur, DeKalb, East St. Louis, Elgin, Galesburg, Granite City, Highland Park, Joliet, Moline, Normal, Peoria, Quincy, Rock Island, Rockford, Springfield, Urbana, Waukegan, Zion.



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Depositions - Understand How it Works

Every lawsuit is based on the evidence presented in it. That is a rather obvious statement. The procedure for these lawsuits calls for a period of discovery. As the name suggests, this is the time when the parties find out what each other have in regards to evidence and generate testimony from the parties and witnesses regarding the events of the dispute. This testimony is gained through the deposition process.

A deposition is a question and answer session. The lawyers ask the questions and the witness answers them. This is effectively the same thing as you see in movies and television when someone is on the stand. Depositions usually take place in an office, not court. That being said, they are still taken under oath and are formal events.

The first thing to understand about depositions is they are a one way affair for parties in the lawsuit. Let's say you sue a doctor for the wrongful death of your spouse. The lawyer for the doctor is going to depose you. The deposition will take place in the office of your lawyer. During this period, the lawyer for the doctor will ask you a host of questions. Unlike court, your lawyer will not follow up those questions by asking you anything. Why? There is little reason to do so before court because it would simply give the other side a preview of what you are going to say.

The second "oddity" about depositions has to do with objections. On television, dramatic moments are played out where the questioning attorney asks some brutal question, opposing counsel objects and the judge rules. This does not happen in depositions. Instead, the attorney will ask a question and opposing counsel will object for the record being taken down by the court reporter. There is no ruling on that objection and you must answer the question unless expressly told by your attorney not to.

Finally, one of the biggest complaints about depositions is how long they are. Remember, a deposition is part of the discovery process. As a result, the attorneys are going to ask a ton of questions about a wide host of subjects because, frankly, they know nothing about you or your view of things. This is there one chance to find out something, so they are going to cast their net far and wide to do so.

Depositions are critical to the outcome of most cases. While similar to what you see in a court dramatization, they are not exactly the same thing.

Thomas Ajava writes for MobileWrongfulDeathLawyer.com - get a free consultation with a Mobile wrongful death lawyer to assess the potential of your wrongful death case.

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Documents Required For Filing a Wrongful Death Lawsuit

When someone dies as a direct result of the misconduct, neglect, malpractice, or omission of care of another party, that person has been the victim of a wrongful death. When this occurs in the New York City boroughs of the Bronx and Brooklyn, the immediate family of the deceased is legally allowed to pursue wrongful death personal injury litigation.

When this occurs, the spouse, parents, and in some instances, children of the decedent should retain personal injury lawyers to assist with the process of filing a lawsuit.

While the families of the deceased may be tempted to go it alone, only an experienced personal injury lawyer can guide them through the obstacles necessary to successfully initiate personal injury lawsuits in New York state.

New York Accident Claims and Settlements

In order to win a wrongful death claim, you must provide documentation proving the following:

• The death of your immediate family member


• This death was caused through any of the following:


• Negligence


• Misconduct


• Medical malpractice


• Willful omission of care


• That existing family members are suffering financial distress or financial loss as a direct result of the death

Should you win the case, the amount of damages you receive varies based on the particular details of your case. Additional documentation necessary to determine damages in a wrongful death case include but is not limited to the following:

• Medical treatment costs for the deceased


• Funeral costs


• Documentation proving loss of wages of the deceased, including future earnings


• Proof of physical or emotional damages


• Common law damages

If you believe your family has lost a member in a wrongful death scenario in New York, contact an experienced Bronx or Brooklyn personal injury attorney today.

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Significant Factors in Establishing Wrongful Death Claim

If your loved one has been killed because of an accident that resulted from another individual or a company's negligence, carelessness, inaction, malpractice or liability, such tragic loss may be considered as a "wrongful death."

Moreover, depending upon your status and right as survivor, you may be eligible to pursue a legal action against the alleged party or considered as defendant, whose negligent / wrongful conduct and/or liability caused the premature death of your loved one.

The suitable legal action to pursue is a wrongful death claim or lawsuit wherein as surviving beneficiaries or dependents, entitles you to claim monetary damages caused by the defendant's irresponsible conduct.

A wrongful death claims is unlike typical negligence lawsuits wherein it is the person directly injured who files claim for the consequent damages. Formerly, based from the "common law" derived from England's wide-ranging legal principles, wrongful death claim is declared non-existent due to the argument that any claim died along with the victim and he or she could no longer be compensated for the damages caused by the wrongful conduct. The surviving spouse and other dependents of the victim also cannot claim for damages from the person or company that caused the victim's sudden death.

Through the years, though, the state governments passed statutes concerning wrongful death and provided compensation for the persons directly affected or damaged by the victim's death. They were also given incentive to act on this matter with care and caution.

Nowadays, all of the states enforce legal actions regarding wrongful death issues.

Wrongful death claims are considered as civil lawsuits and do not involve any kind of criminal charges. Its basic objective is to help the surviving families of killed victims to recover sufficient monetary damages for the expenses incurred like medical bills and burial, lost wages, mental anguish, pain and suffering, loss of companionship and others.

Eligibility in filing wrongful death lawsuit

Who are eligible to recover damages caused by the wrongful death and file such claim?

o Immediate members of the victim's family

- parents

- spouse

- children

o Some states permit other members of surviving family to file a lawsuit, such as

- stepparents

- grandparents

- dependents

What you need upon filing a wrongful death lawsuit

If you are among the eligible persons who had been affected by the wrongful death of your loved one, here is the process on how to go about with filing a valid claim.

Search for a lawyer who has an expertise in the settlements and litigation of wrongful death cases.

Legal services of a wrongful death lawyer

o explanation of the personal injury laws and wrongful death statutes

o knowledge of the statutes of limitations or the covered period when initiating a lawsuit is allowed

o gathering of evidences

o completion of required paperwork

o building a convincing suit

o alleviation of stress and burden

Compensation you may receive for the wrongful death

- Monetary - medical and/or funeral costs, lost wages and benefits, future earnings, lost inheritance, mental anguish, loss of companionship and support

- General damages

- Punitive damages

The other damages may be prohibited or not awarded depending on the state's particular laws.

For more information concerning filing and processing a Wrongful death Claim, get the help of qualified Personal Injury Attorneys.

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Emergency Room Negligence

Negligence in Emergency Rooms

While most minor illnesses or injuries can be treated at home or can be dealt with during non-emergency medical appointments, individuals who are suffering from serious illness or severe injuries may be forced to visit an emergency room for urgent care. Persons have a reasonable expectation of attention and treatment when they go to the emergency room, and failure on the part of hospital administrators, doctors, or staff members may result in intensified health problems or even death.

Hospital administrators have a responsibility to properly hire and staff their emergency rooms to be able to handle busy times and the demands of a hectic office. In many cases, ER workers may be forced to deal with busy evenings and patients who need urgent care. If administrators fail to properly screen employees, hire experienced workers, or provide adequate training for all employees, patients may suffer as a result. In addition, emergency rooms should be properly staffed to handle the influx of patients, day and night.

Administrative staff members are a vital part of the ER team. It is important for staff members to be trained to handle emergency situations, as well as to keep track of patients waiting for care. Forgetting about a patient or failing to notify a doctor about a severely injured patient may result in further injury or illness to the individual in question. Workers should make sure to stay focused, organized, and not fail to keep track of persons in the ER.

Doctors who work in the emergency room setting are often put in the position of having to work under high pressure, especially if it is a particularly busy time. They may be forced to diagnose, treat, and release patients in a short amount of time in order to help others in need, but it is essential that doctors give each patient responsible and accurate care. Common mistakes that doctors may make in ER settings include:

• Misdiagnosis/late diagnosis
  


• 
  Prescription errors
  


• 
  Surgical errors
  


• 
  Failure to accurately read patient charts
  


• 
  Medication conflicts or known allergy conflicts
  


• 
  Failure to monitor patients

If you or someone you love has suffered injury due to negligence on the part of an ER staff member or doctor, you may be eligible for compensation for present and future medical expenses, pain, suffering, and other damages. For more information on emergency room negligence, visit the website of the New Jersey medical malpractice professionals of Levinson & Axelrod.

Joseph Devine

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Jones Act vs. Workers Compensation-There Is A Difference

Jone Act- There is a major difference between the Jones Act and Workers Compensation. That difference is that the Jones Act is a fault based system and Workers Comp is not. That is why you need a Jones Act Law Firm that knows exactly what you need to do to protect your rights. Call now to talk to a REAL Jones Act Attorney 1-800-773-6770.



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Wrongful Death Lawyer Michigan

Michigan wrongful death lawyer Daniel Buckfire discusses wrongful death cases, including car accidents, motorcycle accidents, slip and fall, dog bite, medical malpractice, truck accidents and other accident cases in Detroit, Ann Arbor, Grand Rapids, Lansing, Flint, Muskegon, Saginaw, Monroe, Kalamazoo, Battle Creek and throughout Michigan. Visit his website at www.BuckfireLaw.com or call him at (248) 569-4646.



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Brooklyn Lawyers, Reibman & Weiner - 718-522-7056

Reibman & Weiner are Brooklyn Lawyers specialize in Car & Truck Accidents, Wrongful Death, Birth Injuries Brain Injuries and more. Please visit www.brooklynlawyersfirm.com or call 718-522-7056.



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San Diego Motorcycle Lawyers - Free Advice Video - 24 Hour Help Hotline 888-222-7115

If you have been in a motorcycle accident and need the help of an experienced team of San Diego injury and accident lawyers contact the legal offices of Patrick Mazzei and Larry Sidiropoulos at 888-222-7115 7 days a week / 24 hours a day for free legal advice and consultation. Patrick Mazzei and Larry Sidiropoulos are experienced San Diego injury attorneys and have dealt with many cases regarding motorcycles and motorbikes and know exactly how to work with insurance companies and legal proceedings in order for you to get maximum compensation. sites.google.com San Diego Injury and Accident Lawyers / Attorneys Larry J Sidiropoulos and Patrick Mazzei 1540 Sixth Avenue San Diego, Ca. 92101 Call for a FREE Phone Consultation 7 Days a Week / 24 Hours a Day! Phone: (619) 696-7005 Toll Free: (866) 298-3253 There Is No Fee Until We Recover! We specialize in all aspects of personal injury including: Auto & Motorcycle Collisions Wrongful Death Defective Products & Roadways Construction Accidents Professional Malpractice Dangerous Animals Slips & Falls Brain Injuries We have recovered millions of dollars for our clients. * Recent Results: $750000 settlement, involved semi-truck head-on collision $250000 settlement, involved automobile collision, hand injury $2.2 million settlement, auto vs. motorcyclist $3.25 million settlement, auto vs. pedestrian, brain injury $105000 arbitration award, automobile accident $150000 jury award, slip and fall $67000 jury award, multiple auto freeway ...



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Corpus Christi Wrongful Death

Life is full of unpredictable actions so when the negligence of a person or company injures or robs you of a loved one, you deserve a skilled attorney found here in Corpus Christi. Wrongful death suits can be filed for negligent actions such as the drunk driver who runs the red light, the company whose toy injures your child of the airbag that does not deploy. These actions, whether willful or unintentional, have a long lasting impact on your life.

There is no price for the loss of a loved one but there should be some sort of restitution in a wrongful death. Texas tort law states that if a person or company, through accident or malice, causes injury or death, they may be liable for damages to the spouse or family of the departed. Corpus Christi has many capable attorneys who can help you in your time of need. The amount of damages that may be recovered in a wrongful death varies due to the circumstances involved and state law.

In your time of grief, you should not have to fight alone. You need a Corpus Christi attorney who will protect your rights as the survivor or victim. Do not be intimidated by insurance companies or the other party's attorney into signing your rights away. Skilled legal help is at your fingertips. Whether it is at the hospital or your own home, lawyers can come to you and help you start your wrongful death suit. As the survivor, you are not alone. Attorneys will show the burden of proof against the other party. From large companies to sole individuals, their actions have consequences and they are not above the law. Don't underestimate the loss of a loved one. There is help for you available when you need it the most. Under such stressful conditions, wouldn't it be wonderful to have someone take care of your legal matters in an efficient way?

Corpus Christi attorneys [http://www.corpuspersonalinjury.com] can provide you with many legal services. The life of a loved one is invaluable but we can help you when that life is taken or injured.

Andre Zayas is a professionally syndicated author.

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McCallister Law Firm

In pain? Get competent AND compassionate legal help. Brian mccallister, founder of mccallister Law Firm in Kansas City, is the son of a preacher who grew up understanding the importance of service to others in pain. Whether it's due to an accident, medical malpractice, wrongful death or another cause, mccallister Law Firm can guide you through this difficult time. Visit us www.yellowpages.com



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Federal Law & The Benefits of Structured Settlements

Structured settlements provide tax-free financial security, dignity and peace-of-mind for injury victims and wrongful death survivors," says Assistant Senate Majority Leader Richard Durbin (Illinois). "Structured settlements work and they should be protected. Find out why the federal tax code makes structured settlements so appealing. Posted by the National Structured Settlements Trade Assn., www.NSSTA.com



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California Car Accident Lawyers & Personal Injury Attorneys

www.alawpro.com CA law firm specializing in car and motorcycle accidents, wrongful death, spinal cord injury, brain damage, and paralysis. Free consultation in California (1-800-A-LAW-PRO)



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Best Dallas Personal Injury Lawyer Wrongful Death Attorney Accident Lawyer 18 Motorcycle Attorney?

Best Dallas Severe Personal Injury Lawyer, Auto Accident Lawyer, Wrongful Death Lawyer, & Trucking Attorney? See Marc Lenahan's clients' reviews in this introductory video, then visit www.SevereInjuryLawFirm.com or call 214.295.1008 for free advice and to get started.



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Robert Dugoni: Wrongful Death

Robert Dugoni has practiced as a civil litigator in San Francisco and Seattle for seventeen years. In 1999 he left the full-time practice of law to write, and is a two-time winner of the Pacific Northwest Writers Association Literary Contest. He graduated Phi Beta Kappa from Stanford University with a degree in journalism and worked as a reporter for the Los Angeles Times before obtaining his doctorate of jurisprudence from the University of California at Los Angeles School of Law. He lives ...



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Wrongful Death Claims

The death of a loved one is one of the most difficult and emotionally taxing times in a person's life. If the family member or loved one perished not because of illness or an accident but because of carelessness or negligence on the part of another person, the devastation can be far greater. Fortunately, claims for issues such as wrongful death exist, helping surviving relatives and loved ones ensure responsibility for the ill-fated passing of a loved one.

Wrongful death is a claim against a person who can be held liable for the death, even though there was no direct intention to kill. For the claim to stand, the person must be deemed negligent or strictly liable for the demise of the deceased. Additionally, for the suit to legally hold up in court, the victim must have had a dependant party, such as a family member, who suffered emotional and financial damages as a result of the wrongful death. The standard of proof in this type of case is a preponderance of evidence, instead of clear and convincing evidence or beyond a reasonable doubt.

This sort of lawsuit differs from a normal negligence suit, which is actually filed by the person who was injured or suffered damages. Under original common law, a wrongful death claim was believed impossible to file because the claim died with the victim, thereby eliminating any potential course of reimbursement for damages. However, over the years, states have drafted their own wrongful death statutes. Although each state's law varies slightly, they generally consist of four common elements. First, the death was caused, in whole or in part, by the defendant. Next, the defendant was negligent or liable for the victim's passing. A surviving spouse, child, or relative of the deceased must be present and monetary damages must have resulted from the victim's death.

Financial damages recoverable in this type of lawsuit include medical, hospital, funeral, and burial expenses, compensation for pain and suffering, and losses to the kin, including loss of financial support from the deceased, loss of parental guiding and training, loss of companionship, and loss of service. An unfortunate side effect of wrongful death cases is that living family members must often jockey for control of the estate of the victim, oftentimes affecting the distribution of financial compensation.

The death of a loved one is never a joyous event, even more so when the death was sudden and due to the negligence of a third party. If you are interested in learning more, this wrongful death website can help.

Joseph Devine

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Florida Wrongful Death Lawyers

Wrongful death cases are those in which a claim is made in a court of law that a victim was killed as a result of the negligence or fault of another. Typically, wrongful death takes place as a consequence of personal injury accidents, medical negligence, car accidents, place of work accidents, inhalation of hazardous or substandard products, mesothelioma and other such accidents. When the wrongful death of victims' arises from irresponsible, careless or negligent actions of another party, they are subject to personal injury and/or wrongful death cases. There are lawyers in Florida that specialize in representing victims of wrongful death.

The loss of a family member causes great pain, havoc, as well as unimaginable loss to the surviving members. When the victim's family wishes to receive settlement or file a wrongful death case, qualified Florida wrongful death lawyers can be of great assistance. Though a wrongful death claim cannot replace the loss of human life, it does cause some relief to the relatives of the victim and therefore, is as close to justice as possible under the circumstances.

Families, who have lost a loved one owing to the carelessness of an individual or a company, may have the right to receive compensation from an insurance company or from the individual or company liable for the death. It is suggested that family members of victims consult a Florida wrongful death lawyer to protect the decisive evidence of the fatal accident and to avoid being stopped from making a claim.

The immediate result of a wrongful death is to employ the services of a wrongful death lawyer. Hiring a skilled Florida wrongful death lawyer is a vital decision that has an impact on the lives of the victim's family. Florida wrongful death lawyers understand the intricacy in legal issues and the powerful emotional ordeal that plaintiffs undergo in a wrongful death claim.

Knowledgeable Florida wrongful death lawyers will cautiously represent the rights of a victim while supporting the family members in a reliable and understanding manner. They can offer information about the practical and legal aspects of personal injury law and wrongful death claims.

It is necessary that Florida wrongful death lawyers have the essential resources to obtain records, reports and comprehensive information for successful case results. With the assistance of a diligent Florida wrongful death lawyer, the process of recovering reasonable compensation becomes smoother than filing independently.

Florida Lawyers provides detailed information on Florida Bankruptcy Lawyers, Florida Business Lawyers, Florida Criminal Lawyers, Florida Family Lawyers and more. Florida Lawyers is affiliated with Florida Alcohol Treatment.

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San Diego Wrongful Death Lawyer

Nothing is more devastating than losing somebody you love in a tragedy that could have been prevented by another party. The experienced San Diego wrongful death attorneys at Estey & Bomberger, LLP can help you recover financial damages after the death of a loved one. Visit www.personal-injury-attorney-in-san-diego.com for more information.



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How to Pick a Wrongful Death Lawyer

Finding a competent, friendly, and successful wrongful death lawyer in San Diego is rather simple. All you need to do is find a lawyer or law firm that has years of experience handling wrongful death suits, is easy to talk to and communicates clearly, and has a track record of successfully handling theses cases. It really is that simple.

But just because it is that simple doesn't mean that finding a lawyer that fits the bill is going to be an easy task. There are lots of different reasons why finding out this information is going to be difficult for someone looking to hire an attorney for this type of case. For starters, it is probably going to be difficult for someone to know where to begin their search for a lawyer that is going to fit this criteria.

Some will go to the internet, but even with the massive improvements in search engine algorithms there is still no indication that just because a lawyer's website appears in the first 10 or 20 search results they meet the criteria of a good wrongful death lawyer. The same will apply to looking inside a phone book. All you are going to get is a long list of lawyers, and they probably won't even be categorized to help you see which ones specialize in this type of case.

The best you are going to get is a long list of potential legal professionals that you are going to need to contact directly. Thankfully, many attorneys who handle these types of cases offer free consultations so you will not need to pay anything out of pocket to see if you actually have a case and if the lawyer you are speaking with is the one you want to try your case for you.

This process of talking to law offices and gathering information from them is still not going to be perfect and it certainly isn't going to be easy. You will have to take the time to call, take the time to meet, and take the time to process the information given to you by your potential wrongful death lawyer. And you still will only have the word of the firm about their experience and track record with this type of case.

It is also recommend that you ask the lawyer you are talking to for references. These will obviously be previous clients of the attorney and you can ask the client additional information about what made this lawyer a good experience for them. This will again take some more time, but it will definitely be worth it.

Steward has made contributions to online communities about lawyer specialists in the San Diego area. You can find more of his work about how to find a wrongful death lawyer and an SD tax lawyer on the web.

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