Wrongful Death
Lawyer Nancy Cronin has more than 25 years of experience successfully litigating wrongful death and medical malpractice cases.
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Wrongful Death FAQ
“Wrongful Death” is a term used when a person dies from injuries or conditions caused by another person or entity.
Following are some frequently asked questions about wrongful death relating to medical malpractice lawsuits.
How do you win a Wrongful Death case?
In order to win a Wrongful Death case, we must prove that the Defendant owed a duty of care to your loved one and that the Defendant failed in that duty, which caused the death of your loved one.
Who acts on behalf of my loved one?
If a loved one has died, we can appoint a Personal Representative to represent the interests of your loved one. We can appoint a lawyer or a family member who will act on behalf of your loved one. The Personal Representative has a fiduciary duty to all of the beneficiaries of the Estate.
How does the case get to trial or settlement?
We will investigate the death, hire an expert to testify on behalf of the Estate of your loved one, and file the lawsuit. How the case proceeds vary from case to case. However, when the parties are ready to try to settle the matter if will go to mediation. If mediation fails, we will prepare your case to go to trial. For more information on what takes place in mediation click here.
What damages are available in a Wrongful Death case?
In addition to past medical bills and burial and funeral expenses, there is compensation for the loss of the enjoyment of life. This damage award signifies that as a community, we value our lives. We value our time with family and friends, and the law allows compensation for the loss of those moments. Sometimes when a young individual dies, there is a large value for the loss of enjoyment of life because that individual was expected to live many more years.
Additionally, there are damages for the beneficiaries who lost the love and companionship of their loved one dying because of someone’s negligence. This is called “loss of consortium” damages.