The Law Office of James R. Snell Jr. August 2018

18 aug

Road to justice |

Wrongful Death Lawsuits

Serious Claims Require Serious Attorneys

All personal injury claims are serious, but none more so than wrongful death cases. As the name implies, these claims are brought about by surviving family members in the event of their relative’s premature death. Wrongful death cases can be tremendously complex, which is why it’s so important that you work with an experienced attorney

familiar with these types of cases.

“Nobody deserves to lose a loved one in a manner that could have been prevented, but these tragedies do occur. When they do, you have every right to hold the responsible parties accountable.”

Nobody deserves to lose a loved one in an untimely manner, especially when that death could have been avoided. To pursue a wrongful death claim, you’ll need to prove that the decedent’s passing was caused by negligence or purposeful action on behalf of another party. Wrongful death claims may arise as a result of automobile accidents, defective products, dangerous premises, falls, drowning, criminal acts, and more. Obviously, the decedent cannot bring about these claims for themselves, so the case needs to be initiated by a surviving spouse, child, or other next of kin.

attorney will not only help you receive a fair settlement, but they’ll make sure it’s structured in your best interest.

As sad as it is, wrongful death claims aren’t always straightforward affairs. You can bet that the insurance companies will begin building a case against your claim as soon as possible. To give yourself the best chance, you need to do the same. Do not put off hiring an attorney immediately after a wrongful death, as there is a strict statute of limitations on these claims. These tragedies do occur. When they do, you have every right to hold the responsible parties accountable. The outcome of a wrongful death claim will likely have a major impact on the standard of living for the surviving children and family. You can’t leave that outcome up to chance. Our team

Unlike most personal injury cases, wrongful death settlements are structured into two portions. The first, called a survival action, is a claim on behalf of the decedent. Basically, a survival action represents the claim the decedent would have filed on their own behalf had their injuries not been fatal. The other half of the equation is the claim brought on behalf of the surviving family. This portion of the case involves final medical expenses, funeral costs, pain and suffering, loss of future earnings, and emotional distress brought on due to the loss of the loved one. Understanding the distinction between these two factors is crucial to receiving the full compensation you deserve. Compensation awarded as part of the survival action will be released to the estate of the decedent. Any money from this portion of the case is subject to estate laws, including probate. Most claimants hope to structure their settlement with a higher percentage of compensation allocated to the loved ones and next of kin, avoiding a protracted process. An experienced

won’t rest until you get the best possible result. What you’re going through is difficult enough as it is. Let us handle the legal issues so that you can worry about paying tribute to the memory of your loved one.

–Jim Snell | | F: 803-359-7691 | P: 803-753-1476 1

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