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  Damages Recoverable after a Wrongful Death

Wrongful death occurs when an individual is killed due to reckless, negligent or intentional act of another person. In a wrongful death lawsuit, the victim’s family is entitled to financial damages as a consequence of loosing their family member. The d eceased’s immediate family members such as parents, spouse, children and brothers and sisters can file the wrongful death lawsuit, which may include claims for compensation for medical and funeral costs, lost wages including future earnings of the deceased and benefits such as medical coverage, retirement income and loss of support. Claims for non-financial items can include loss of love, care, companionship and punitive damages (which is applicable if person responsible for the death acted with oppression, fraud and/or maliciously).

If you feel you have a wrongful death claim, you should talk to an experienced wrongful death attorney in your area. It is important that you consult a knowledgeable lawyer immediately because the law allows only a limited time period within which the deceased’s family can file a claim. Failure to do so may prevent the family from ever collecting money from the responsible person. Generally speaking, if the claim is against a non-governmental person, the deadline is two years from the date of death. If the person died as the result of medical malpractice, the deadline is one year from the time that a reasonable person suspected that the death was due to doctor’s/ nurse’s/ hospital’s/ pharmacy’s negligence. If the claim is against a governmental entity, the deadline to make a claim is generally 6 months from the date of death. Often, if the person making the claim is under age 18, the deadline is not until the person’s 20 th birthday. These are just general guidelines so to be safe, contact an experienced attorney to be sure that your rights are fully protected. Also getting a good attorney working for you early will help make sure that any evidence that might get lost, isn’t. Don’t delay the opportunity to start building a case against the person(s) responsible for the loss of a loved one.

At Law Office of Nelson C. Barry III, we understand that if you have lost a loved one, this loss can never be repaired. However, with the help of a competent lawyer, you can very possibly make sure that no one else suffers the same type of loss. In addition, Mr. Barry can help you obtain the compensation to replace the financial loss caused by the responsible person.  Mr. Nelson Barry provides undivided attention to his clients and aggressively pursues all cases in order to maximize the benefits owed to his clients. Mr. Barry has helped thousands of people obtain top settlements and with his 31 years of experience as a competent San Francisco Personal Injury Lawyer he continues to do so.


Posted By Law Office of Nelson C. Barry, III on March 16, 2010 11:17 am | Permalink 
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