In order to bring a successful wrongful death law suit the following four elements must be proved:
- The death of a loved one caused by the negligence or intent of another to cause harm. The duty of due care was breached causing the death of your loved one.
- A duty of due care is the responsibility to avoid actions that could result in foreseeable harm.
- The negligence or intent of another to cause harm to another violated the duty of care owed to your loved one.
- The wrongful act of another directly contributed to the death of your loved one.
Both the surviving family members and the estate of the decedent are entitled to compensation for the losses incurred. The first step is the appointment of a personal representative of the decedent’s death. A wrongful death attorney can provide you with invaluable legal representation beginning with a full investigation of the circumstances of your loved one’s death. Time is frequently of the essence so engaging with an attorney is essential to gather and preserve evidence whether the case can be settled to your satisfaction or must go to trial.
Various acts of negligence or misconduct can give rise to a cause of action for wrongful death.
The following are examples of situations where death is the result of negligence:
Determining Money Damages:
It is important to consider the age, character, energy, optimism, physical and mental condition of the decedent, their earning capacity, purpose in life, intelligence, leisure activities and hobbies. this determination may seem straightforward, but it is the lawyers job to prevent it in the clearest way so that the truest version of the lost loved one is presented to the jury. This is a heart- wrenching part of the representation for family members and the attorney alike. It must portray a multi-dimensional human being whose life was cut short too soon and the suffering left in the wake of the death caused by negligence.
The Moynahan Law Firm (Tim Moynahan) is committed to excellence as is his paralegal/ executive assistant of 25 years.( Amy Guandalini) They understand that at a time of grievous loss the loved ones left behind are emotionally overwhelmed and a law suit is the last thing on their minds. Nevertheless, time to act may be a critical be factor so it’s important to reach out for help to honor the life and legacy of the decedent and to preserve the rights of the estate, dependents and beneficiaries. For example, the tragic loss of parental guidance.
Excellence we are committed to, but caring is doing what comes naturally. We will represent you with passion and genuine sincerity. . Our clients become family. Your family is our family.
The evaluation is free and you incur no obligation.
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