Wrongful death cases can be some of the most sensitive cases we deal with. Especially when the death is due to another party's negligence, it can be a tough pill to swallow. Tragically, a wrongful death claim may be the result of a vehicular accident, a medical mistake, or even a fall case. In any case, the most important thing to do is to make sure you're not going through this emotional time alone. Having an attorney that has decades of experience handling wrongful death cases can be the difference between a devastating loss, and having everything crumble under the stress of having to do everything yourself. When the death results from the negligence of someone else, Gelb & Gelb, P.C., and attorney Roger Gelb is available to help. From heart-breaking instances of children dying as a result of a car accident, to the elderly who ultimately succumbed to their injuries caused by another's mistake. These cases require an experienced attorney to make sure those loved ones left behind are compensated for their over-whelming loss and to make sure dependents are not left out to dry.
If the person who died, did not die immediately, there may also be a survival action available, which is intended to compensate the decedent for the pain and suffering endured prior to death. Proof that the decedent did not die immediately is likely required through medical testimony, and the testifying physician would have to be willing to testify that "within a reasonable degree of medical certainty" the victim sustained "conscious pain and suffering."
What does a wrongful death case look like?
A wrongful death case involves any form of unnatural death due to someone else's negligence. After having settled in excess of 10,000 cases, we can say that there are many different types of wrongful death cases. No matter how it happened, make sure justice is served and you receive your full compensation.
Who has the right to bring the action on behalf of the person who died?
If the person who died was married, typically the spouse should be entitled to retain an attorney on behalf of the deceased victim. If the decedent were a minor, than a parent, or both parents, or a legal guardian, should be able to bring the claim. If a survival action is pursued, it may also be necessary to set up an estate, which the personal injury lawyer that you retain should be able to assist with. The statute of limitations may be shorter in death cases.
It is imperative that those seeking representation in these cases, contact an attorney with a proven track-record, without delay. If a wrongful death resulted from a car accident, click here for more info.