Wrongful Death of a Loved One?

Let our DC and Boston Injury Attorneys Help

In October 2009, a woman in Boston died after the accelerator in her Toyota Camry would not stop. The family has filed a lawsuit against Toyota for wrongful death.

Sadly, accidents that result in the loss of a loved one like the preceding example occur every day. Wrongful death suits are available to place liability on the responsible party. Although vehicular negligence is just one of the subsections that fall under wrongful death, there are many more. Additional types include:

• Medical malpractice
• Defective products
• Car accident
• Slip and fall
• Motorcycle accidents
• Nursing home abuse

Filed wrongful death claims go to the civil court. The plaintiff is usually an immediate family member, such as a spouse, child, or parent of the deceased. Every state has its own statute of limitation — the maximum allowable time to file a lawsuit. Once this time has passed, the court denies the claim. If you are thinking of filing a wrongful death action, speak with a Boston or Washington DC injury lawyer immediately to ensure you have not passed the time limit to file suit.

When filing a legal action for wrongful death, it may be necessary to obtain medical records on the causes of a loved one’s death. The physician-patient privilege affords the patient confidentiality so they can accurately explain their situations to the doctor without worry of privacy issues. When a patient passes away, private medical records may need inspection. Speak with an experienced Washington DC or Boston injury attorney on how to discover medical records.

Compensation in a wrongful death case varies depending on state laws, but usually, a family member may recover:

• Expenses incurred by the death of the victim such as funeral, medical, etc.
• Loss of future earnings anticipated over the deceased’s lifetime
• Benefits lost as a result of the victim’s death such as insurance and pensions
• Pain and suffering caused by the death
• Lost companionship
• Care or protection

Wrongful death damages also depend on the relationship of the plaintiff to the deceased. The primary measure of damages in a wrongful death action is financial loss. When an adult dies, the financial loss to the family is easily quantifiable, especially if the person was a wage earner or caregiver for the family. With the death of children and elderly people, the loss is more difficult to determine.

When a child or elderly person dies, the financial loss is low because children or elderly people do not normally generate income and require nurturing or care. When a child or elderly person dies, factors in determining financial loss include:

• Age
• Sex
• Life expectancy
• Work expectancy
• Health
• Earnings potential

If an accident leaves you without a loved one, contact an attorney at Pollack & Flanders as a first step to physical, emotional, and financial healing. A Boston or Washington DC injury lawyer will dig into your case to obtain the deserved compensation for your loss.