What is a “wrongful death”?
A wrongful death is death of an individual resulting from the negligent act of another person or persons.
What is considered to be a “negligent act”?
If a person has acted below the standard of a reasonably prudent (or careful) person under a similar situation, that person is deemed to have acted negligently. To bring a case against a person, persons or institution (the “defendant”) for negligence, the person bringing the suit (or “plaintiff”) must demonstrated that:
a. the defendant had a duty to the person harmed,
b. the defendants’ conduct fell below the standard of conduct for such duty;
c. the negligent conduct caused the harm to the person;
d. the aggrieved person was indeed harmed or damaged.
The plaintiff must prove that the death was a direct result of the defendant’s acts or failure to act.
Who is entitled to sue for a wrongful death?
Each state has its own standards for determining who can sue for a wrongful death. Most often, a spouse, next of kin (such as parents), or children can sue.
What kind of compensation for the wrongful death can I get if I/we win in court?
Each state has its own standards for determining how much to award a plaintiff in a wrongful death case. Types of financial awards can be categorized as “compensatory damages” and “punitive damages.” Compensatory damages are to restore monies to the plaintiff. Compensatory damages can include: (a) medical expenses, (b) funeral expenses, (c) the future earning potential of the deceased, and (d) compensation for grief or loss of companionship. Punitive damages are meant to punish the defendant for the degree of its sub-standard conduct that led to the death of someone it had a responsibility toward.
How would I pay you for representing me in a case?
We work with you on a contingency basis. This means that you pay nothing unless the firm wins the case.
How do I get started in bringing a case?
Call Mr. Posey at 202-643-2525. It costs nothing to speak to an experienced lawyer who can answer all your questions. Or you can visit our main website at www.poseyllc.com