September 30, 2024

Does My Case Qualify as a Wrongful Death?

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Personal Injury
Legal Process

Does my case qualify as a wrongful death?

Caring for a loved one suffering from an asbestos-related illness can be both physically and emotionally exhausting. When that loved one passes away, it can leave family members grieving and questioning whether negligence or misconduct contributed to their untimely death. It’s a heart-wrenching time, and seeking justice might not be your first thought, but if you believe negligence played a role, you may need the assistance of a wrongful death attorney.

At Serling & Abramson, P.C., we have over 50 years of experience representing families of asbestos victims who have tragically passed away due to the negligence of others. Our skilled attorneys will build a comprehensive and compelling case on your behalf, seeking justice and compensation for your family after a wrongful death.

The Importance of Pursuing a Wrongful Death Claim

Filing a wrongful death lawsuit is about more than financial compensation—though that is certainly part of it. It’s about holding responsible parties accountable for their actions or lack of actions, ensuring that others may not suffer the same fate. When a loved one dies due to someone else’s negligence, the emotional and financial toll can be overwhelming. That’s where a wrongful death attorney can step in, guiding you through the legal process and fighting for your rights.

Understanding the Difference: Personal Injury vs. Wrongful Death

There’s often confusion surrounding the differences between a personal injury claim and a wrongful death claim. A personal injury claim is filed when a person is still alive and suffering from the effects of negligence—such as exposure to asbestos. Once the person passes away due to those injuries or illness, the claim transitions into a wrongful death lawsuit, which can be filed by the surviving family members.

Typically, individuals eligible to file a wrongful death claim include the deceased’s spouse, children, parents, or other close relatives. During your consultation with us, our wrongful death lawyers will help you understand whether you have the legal standing to file a case and explain the legal process step by step.

Six Critical Steps in Building a Wrongful Death Case

Building a wrongful death case is not an easy process, but with Serling & Abramson, P.C. by your side, we’ll walk through it with expertise and care. Below are the essential steps:

1. Establishing Liability

In any wrongful death action, it is crucial to prove that the negligent party’s actions or misconduct caused your loved one’s death. When dealing with asbestos-related deaths, for example, this could mean proving that a company knowingly exposed workers or the public to asbestos-containing materials despite the known or knowable health risks. We gather medical records, workplace history, and other evidence to establish that asbestos exposure caused the fatal illness.

2. Calculating Damages

There are two general categories of damages in wrongful death lawsuits: economic and non-economic damages. Economic damages include medical expenses, lost wages, and funeral expenses. Those things you can put a specific monetary value on. Non-economic damages cover emotional losses such as loss of companionship, loss of consortium, and the emotional pain suffered by the surviving family members. Our wrongful death attorneys meticulously calculate these damages to ensure your family is fully compensated.

3. Filing a Claim

After gathering the necessary evidence, we file a formal wrongful death claim on behalf of your family. This is done by drafting a complaint, and providing a basic outline of claims against each defendant. Once the complaint is filed, a summons is issued by the court and sent, along with a copy of the complaint, to the defendant.

4. Building a Strong Case

To win a wrongful death lawsuit, a convincing case must be built. This involves gathering medical records, obtaining testimony from expert witnesses, and compiling evidence of negligence. We also conduct thorough interviews with witnesses who can support the claim. In asbestos-related cases, we often work with mesothelioma doctors, oncologists, and industrial hygiene experts to strengthen the connection between asbestos exposure and the deceased person’s illness.

5. Negotiating a Settlement

Most wrongful death cases are settled outside of court. However, our wrongful death attorneys are always prepared to take the case to trial if a fair settlement cannot be reached. During negotiations, we ensure that your family’s interests are protected and that you receive fair compensation for your loss.

6. Securing Compensation

Whether through a settlement or a jury verdict, the compensation you receive can help alleviate the financial burden of your loss. The compensation often covers funeral expenses, medical bills, lost income, and damages for emotional distress. We work tirelessly to ensure that you are compensated for both the economic and non-economic losses caused by your loved one’s untimely death.

The Role of the Personal Representative in a Wrongful Death Case

A critical part of any wrongful death lawsuit is the appointment of a Personal Representative. This individual is usually a close family member who legally acts on behalf of the deceased person’s estate. The Personal Representative is responsible for filing the lawsuit and working with the attorneys to pursue the case. While the Personal Representative leads the legal action, the compensation recovered is distributed to the deceased’s estate and surviving family members.

Statute of Limitations in Wrongful Death Lawsuits

The statute of limitations refers to the time limit for filing a wrongful death claim. In Michigan, the statute of limitations on a mesothelioma claim begins on the date of diagnosis. A person has 3 years to file their lawsuit from date of diagnosis. However, in Michigan if a person dies by the 3 year time limit has run, they may have up to an additional 3 years from when the statute would have expired or 2 years from the appointment of a Personal Representative. Time is of the essence in filing these claims, so it is crucial to consult with a wrongful death attorney as soon as possible to avoid missing the deadline.

Why Choose Serling & Abramson, P.C.?

When you choose Serling & Abramson, P.C. to represent your family in a wrongful death lawsuit, you’re not just getting a law firm—you’re getting over 50 years of experience and a team that is dedicated to seeking justice. We have a proven track record of success, especially in handling cases related to asbestos-related deaths, including mesothelioma and lung cancer.

How Do You File a Wrongful Death Claim?

If you believe your loved one’s death was caused by someone else’s negligent actions, you may be eligible to file a wrongful death claim. The first step is to schedule a free consultation with our wrongful death attorneys. During this meeting, we will review your case, gather relevant information, and explain your legal options.

Conclusion: Fighting for Justice During Your Time of Need

We understand that filing a wrongful death lawsuit can feel overwhelming, but our team is here to guide you every step of the way. Contact our wrongful death attorneys today for a free consultation, and let us help you seek the justice and financial compensation your family deserves.