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Brown &
Crouppen win $19M in medical malpractice case.
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1. When a death
is caused by the misconduct of another person or company it is
called a "wrongful death".
Misconduct can range from an act of momentary negligence or
carelessness to an intentional or reckless act. It can be the
act of a single person or of a corporation, such as a drug
company. The law provides for the compensation of the survivors
when a wrongful death occurs, just as it provides for the
compensation of a victim who has been injured by similar
misconduct.
2. Survivors have the right to be compensated in a wrongful
death claim, but exactly who are “survivors?”
It is common for the list of survivors (also called
"beneficiaries") to include the spouse and minor children of an
adult deceased. It is also common for the survivors to include
the parents of a minor child deceased.
3. The law allows compensation for the actual losses that
have been experienced by each individual survivor.
The losses or damages vary somewhat from state to state. They
also are dependent upon the relationship of the survivor to the
deceased. In each instance the law seeks to allow compensation
for the actual losses that have been experienced by each
individual survivor. The Estate may also have the right to seek
compensation for the loss of the prospective estate that would
have accumulated had the wrongful death not intervened. Lastly,
medical and funeral expenses are normally recoverable by the
Estate or the survivor who has paid or is obligated to pay them.
4. Any person who believes he or she may be a beneficiary
entitled to compensation because of a wrongful death, would have
the right to start the investigation of a potential claim.
Sometimes the most logical person to start a claim, such as a
widow, is not able to do so. In this type of situation, any
survivor or beneficiary should contact an attorney experienced
in handling serious injury or wrongful death claims. The
attorney can ascertain whether the claim would have merit and
what categories of compensation would be permitted under the
law.
5. There are many unique issues in wrongful death claims.
A wrongful death claim involves proving that the death was
caused by the misconduct of another person or company; proving
the life expectancy of the deceased in order to determine what
the future losses would be; and also proving the life expectancy
of each survivor or beneficiary. Additionally, the nature of the
relationship between the deceased and the survivor is
investigated and fully presented. Lastly, much of the true loss
in a wrongful death claim is non-economic or emotional in
nature. This is difficult to put a price tag on. Your attorney
will confront all of these unusual issues when making a claim
for a wrongful death.
6. There are time limits in which you have to file your
claim. If you miss these deadlines, you will be forever barred
from bringing a claim against the responsible party.
These time limits are called statutes of limitations and vary by
state. If you fail to file a claim within the statute of
limitations, your case is over, regardless of whether or not you
have received any money. Don’t let this happen to you. Call
Brown and Crouppen now.
7. It does not cost you any money in advanced to get a lawyer
for your wrongful death claim.
At Brown and Crouppen, we do not charge any up front fees to
take on your case. Legal fees and expenses are paid at the
conclusion of your case and only if we are successful in getting
you a settlement. If we are unsuccessful, you owe us nothing. We
believe that we should make money only after you make money.
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