Wrongful Death Litigation

› When a death is caused by someone else, it may give rise to a wrongful death lawsuit. The person bringing the lawsuit is usually the spouse, children, or parents of the deceased person. They are often called "distributees" in the case.

› Wrongful death claims usually come about as a result of automobile accidents, exposure to toxic chemicals, accidents at work, defective products or machinery, or medical malpractice.

› Wrongful death is a type of personal injury claim. So, just like other personal injury claims, the lawsuit is filed against the people who are believed to be responsible for the injuries that led to death. This might be another driver, a doctor, a manufacturer, or an employer who has perhaps failed,

› An experienced personal injury attorney is necessary to assist with a wrongful death lawsuit so that the family can receive just compensation for medical expenses, funeral costs, and even pain and suffering. The deceased's heirs may also claim the loss of an expected inheritance.

› In some cases, the responsible person may also be criminally prosecuted for the wrongful death. This depends upon many factors. In a criminal case, however, family members have no opportunity to receive a monetary settlement. This is why a wrongful death lawsuit must be filed in civil court.

› In the criminal case, the state is actually the plaintiff which brings the lawsuit against the responsible party. In the civil case, the family members are the plaintiffs, and the party responsible for the wrongful death is the defendant

› The lawyers begin the process of a wrongful death lawsuit by negotiating a settlement. If they fail to come to an agreement, the case may go to court for a judge or jury to decide the amount that the family will receive.

› A judge or jury may decide that the family is not entitled to as large a settlement if the responsible party could not have anticipated what happened. The evidence could also show that the deceased was negligent in some way and contributed to the cause of the accident.

› If the family is seeking money for the pain and suffering of the deceased in a survival action, the judge or jury may want medical professionals to testify as to the amount of pain the person suffered prior to death, including how much the injured person was conscious of what was happening.

› Punitive damages - money for malicious misconduct on the part of the responsible party - may be awarded to families Boston in wrongful death lawsuits. In New Jersey, however, like many other states, punitive damages are not allowed.

› Obviously, wrongful death cases can be very complicated, so it's very important for family members to hire an attorney immediately

› For more information on lawyers contact

http://pfbull.com