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Justice for All: Filing a Wrongful Death Lawsuit

JUSTICE FOR ALL: FILING A WRONGFUL DEATH LAWSUIT When having to deal with the loss of a loved one, most of us are encouraged to accept this new reality and move on with our lives. But when a member of your family dies due to the negligence or misconduct of another person, acceptance is no longer an option. Here is how to pursue justice for the loss you suffered and compensation for the ones left behind. DEATH ΙN ΑMERICA According to the Centers for Disease Control and Prevention (CDC). 2,468,435 was the total number of deaths in the United States, with highest numbers recorded in the following states: 238,000 173,000 168,000 149,000 128,000 California Florida Техas New York Pennsylvania Among the leading causes of death in the United States, unintentional injury comes in 5th (number of deaths): Diseases of heart 596,000 1. Malignant neoplasms 575,000 2. Chronic lower respiratory diseases 143,000 3. Cerebrovascular diseases 129,000 Accidents (unintentional injuries) 123,000 5. TOP THREE CAUSES OF UNINTENTIONAL INJURIES MOTOR VEHICLE ACCIDENTS V 36% of all occupational fatalities are associated with motor vehicles V 2.3 million people treated in emergency rooms after being injured in crashes V More than 30,000 people killed in crashes ever year in the U.S. V $41 billion in medical expenses and work lost V Responsible for crashes: 66% male and 34% female MEDICAL MALPRACTICE Between 44,000 and 98,000 American people die in hospitals due to preventable medical errors every year. V $17 billion - $29 billion annual costs to society V 5% of doctors are responsible for 54% of malpractice lawsuits. V Only 1 in 6 doctors who have made more than 5 malpractice payouts have been disciplined by their state medical board. Punitive damages are awarded in less than 19% of malpractice cases. WORKPLACE ACCIDENTS 4.1 million people are injured on the job every year in the U.S. $155 bilion per year is the total cost for society of workplace injuries and deaths V Construction is the most dangerous profession, with a rate of 15.2 deaths per 100,000 workers 165 people died every day from occupational diseases V Falls 35%, electrocutions 9%, struck by object 106, caught-in between 2% PURSUING JUSTICE THE DIFFERENCES BETWEEN WRONGFUL DEATH AND MURDER: Wrongful Death vs. Murder Civil Type of action Criminal Relatives of the deceased Plaintiff Government prosecutors "Fair probability Burden of proof "Beyond reasonable doubt" Unintentional Level of Intent Deliberate Financial compensation Type of punishment Prison/death sentence WHO CAN SUE? Immediate family members such as spouses, children and parents of unmarried children Life partners and financial dependents or "putative spouses Distant family members All those who suffer financially from the wrongful death Parents of a deceased fetus (only in some states) WHO CAN BE SUED? Drivers who cause vehicle accidents Manufacturers of faulty products Owners of premises where accidents have occurred Negligent employers Government institutions Corporations and other entities FAMOUS WRONGFUL DEATH LAWSUITS In the 1970s, Ford Motors was sued over the Pinto motor explosions, resulting in the death of a woman and severe burning of her 13-year-old son. Ford was found liable for $3.5 million in punitive damages and $2.5 million in compensatory damages. In 1995 O. J. Simpson, football player, actor and sports broadcaster, found liable for the wrongful death of his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman and ordered to pay $33 million in damages. In 2006 Nancy Grace, CNN talk-show host, was sued for wrongful death of 21-year-old Melinda Ducket, who committed suicide after being Pizer interviewed by Grace regarding her missing son. The case was settled out of court for $200,000. In 1998, pharmaceutical company Pfizer was sued for the wrongful death of Brynn Hartman, wife of comedian-actor Phil Hartman, who murdered Phil and turned the gun on herself while on treatment with Zoloft. The Ford case was settled for an undisclosed amount. WHAT CAN A WRONGFUL DEATH LAWYER DO FOR YOU? Death is irreversible. Your lawyer won't bring back your loved ones, but he will: V Manage all paperwork and help prepare the claim V Determine the amount of compensation the deceased's family is entitled to V Deal with insurance companies . --- V Offer professional advice and expertise for your case V Represent your interests in the court of law The death of a loved one has numerous emotional and financial implications, affecting the well-being of the family and impacting friends and members of the community. FIling a wrongful death lawsuit will compensate the rightful claimants, in an effort to help them get on with their lives after their loss. LUHRSEN LAW GROUP Injury Lawnd Lige Liabity Cane www.luhrsen.com Sources: www.cdc.gov/nchs/fastats/deaths.htm carolina.hsinjurylaw.com/library/less-common-wrongful-death-cases-carolina-wrongful-death-attorney.cfm attormeys lawinfo.com/wrongful-death injury.findlaw.com/torts-and-personal-injuries/wrongful-death-overview.html www.cdc.gov/Motorvehiclesafetyindex.html www.citizen.org/congress/article redirect.cfm?ID-9125 www.hse gov.uk/statistics/ www.osha.gov/oshstats/commonstats.html www.711hurt.com/accident-facts/workplace html

Justice for All: Filing a Wrongful Death Lawsuit

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When having to deal with the loss of a loved one, most of us are encouraged to accept this new reality and move on with our lives. But when a member of your family dies due to the negligence or miscon...

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