Wrongful death claims may be filed by the remaining representatives of the deceased. Anyone who is a representative of the deceased can file a wrongful death claim by contacting an attorney.
If you think you may have a wrongful death claim, then you need a wrongful death attorney. A wrongful death is when someone dies due to the negligent, reckless, or illegal actions of another person. It can be intentional or unintentional.
Wrongful death is a claim against a person who is held liable for the death of another person. Because a dead person cannot file a suit, a close relative is the one who brings about civil action. You can find wrongful death attornys in Miami at the folowing website: http://www.yellowpages.com/miami-fl/wrongful-death-attorneys
There is no wrongful birth. Only wrongful death.
Wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil actions, usually by close relatives, as enumerated by statute. Under common law, a dead person cannot bring a suit, and this created a legal hole in which activities that resulted in a person's injury would result in civil sanction but activities that resulted in a person's death would not. A wrongful death action would be someone putting forward the claim of wrongful death, this being the action. If it was floated it means the court generally did not accept the action, did not accept the suit, and the person held liable would not be charged for wrongful death
in mediation civil law suit
Depends. In the few states which recognize gay marriage - where you are legally your deceased spouse's next-of-kin - yes. Elsewhere, you would have to be Executor of the deceased's estate to bring a wrongful death claim.
Anybody can be sued for wrongful death. Many people are sued for wrongful death even if they have no culpability in the event. It all depends on the desire of the family of the person who died. Whether the claim will be successful is an entirely different question. But the family of the decedent will potentially look for any sources of recovery and try to prove at least some fault on that person's behalf.
States have varying time frames in which a wrongful death suit can be brought. In Nevada an action for wrongful death must occur within two years to the day after the death.
Wrongful death claims are part of civil legal proceedings, and vary by state. Originally, under "common law," wrongful death claims could not be brought, because the claim was considered to have died with the victim. However, under state laws today, the deceased's family can bring a wrongful death claim against the person who caused his or her death because of negligence or other wrongful action. A wrongful death claims means suing the defendant for money in compensation for the death of the family member The person bringing the case to court must be the executor of the deceased's estate. The case itself is subject to a statute of limitations between one and three years, depending on the state in which the claim is filed. In order to sue for wrongful death, monetary damages must have resulted from the death of the person in question. The defendant must have caused in whole or in part the death of the deceased through his or her conduct. The defendant must also have been negligent or liable for the death. Some common types of wrongful death claims include those brought against pharmaceutical companies and manufacturers for defective drugs or products. Medical malpractice suits, toxic exposure or poisoning claims and accident or injury suits may all constitute wrongful death claims. Compensation for wrongful death claims usually covers medical, hospital and funeral expenses, as well as the deceased's pain and suffering before dying. Less typically, judges may award compensation for such issues as companionship, financial support, emotional distress and loss of wages (all related to family members). Suing for wrongful death is a long and complicated process and should not be embarked upon unless you know you have decent chances of success. Talking to a lawyer about the possibility of suing for wrongful death can help you determine whether or not to continue with legal proceedings. It is also necessary to have an experienced civil lawyer handle your case in and out of court. Wrongful death suits represent serious and time-consuming legal proceedings and must be handled by lawyers who can ensure your case gets the thorough treatment it deserves.
A wrongful death statute is a state which provides relief from the common law rule that the death of an individual cannot be the basis of a cause of action in a civil suit.
if you have a civil wrongful death suit before you are married can your new spouse be held responsible