The unexpected loss of a loved family member is among the most devastating injuries anybody can suffer. When that death was the result of avoidable negligence or carelessness – by the driver of a car or truck, or at the hand of a doctor, hospital or nursing home – the damage can be even worse. The lives of those left behind are forever changed. The consequences can be not only emotional, but also economic.
When lawyers talk of cases involving negligence or recklessness which causes someone to die prematurely, they use the term “wrongful death.” These cases can have different time limits, different procedural requirements, and can involve different types of claims for compensation. Rules regarding these cases can differ from state to state.
Often, the claim for “wrongful death” is only one aspect of the legal case. For example, if a vehicle accident or medical malpractice causes a serious injury which goes on for months before death occurs, two cases will be brought as one. The lawsuit may ask for compensation for the decedent’s conscious pain and suffering before death (lawyers may call this a “survival” claim or action), but also include the case for “wrongful death,” which involves the injuries and losses of those left behind.
To discuss your case, call or text 513-287-7447, or email mark@markbsmithlaw.com.
