Wrongful Death

Wrongful death claims arise in cases involving negligence, intentional acts such as assault and/or battery, death in the course of another crime, vehicle manslaughter, manslaughter, or murder. Wrongful death lawsuits are brought against a party or parties who caused the death, and are brought on behalf of the members of the family who have lost the company and support of the deceased. Thus, a child might be entitled to compensation for the personal loss of a father, as well as the amount of financial support the child would have received from the deceased parent while a minor. A wife would recover damages for loss of her husband’s lifetime of expected support. A lawsuit for wrongful death may be filed by the executor or administrator of the estate of the deceased or by the individual beneficiaries (e.g. family members).
Wrongful death statutes vary from state to state, but in general they define who may bring a claim and what, if any, limits may be applied to an award of damages. If you feel that you, or someone you know, have a wrongful death case, call the experienced personal injury lawyers of Tully Rinckey PLLC in Albany today at 1-888-529-4543 for your FREE consultation.
Wrongful death actions may arise out of intentional or unintentional acts that cause injury resulting in death. A blow to the head during an altercation that later results in death is an injury that is intentionally caused. The driver of an automobile who unintentionally causes the death of another in an accident may be held liable for negligence. An individual who, in violation of local law, neglects to enclose a swimming pool in his or her yard may be held liable for the omission or failure to act if a child is attracted to the pool and subsequently drowns.
Wrongful death statutes do not apply to an unborn fetus, as an individual does not have a distinct legal status until he is born alive. If an infant is born alive and later dies as a result of an injury that occurred prior to birth, an action may be brought for wrongful death.
Determining an appropriate course of action is important in your wrongful death case, and you need the experience of an attorney who understands your issues. Call the personal injury lawyers of Tully Rinckey PLLC in Albany today at 1-888-529-4543.
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