The wrongful death lawyers at John Foy & Associates have a positive reputation for helping people in the middle of a wrongful death case. Our Riverdale personal injury lawyers represent clients seeking recovery for the loss of a loved one. If you lose a family member because of someone else’s negligence or wrongful conduct, be sure to keep reading.
Common Causes of Wrongful Death Claims
Whenever someone’s death is a result of the acts or omissions of another person, there is the possibility you can file a wrongful death claim or lawsuit. They can occur from car accidents, truck accidents, ATV accidents, farming accidents, workplace accidents, medical malpractice, nursing home abuse, neglect, etc. If you live in Riverdale and need help from a wrongful death lawyer, John Foy & Associates is ready to help and meet your needs.
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When Should You Hire a Wrongful Death Lawyer in Riverdale?
If you lose a loved one due to another person’s negligence, you may have the right to file a wrongful death claim. However, the law surrounding wrongful deaths is complex. It varies from state to state, and each case is unique. That is why many people choose to hire an experienced wrongful death attorney to help guide them through the legal process.
A general rule of thumb is to hire a wrongful death attorney in Riverdale as soon as possible. The most reputable law firms offer free initial consultations to gather the facts and ensure you have a case.
When you hire a wrongful death attorney through John Foy & Associates, our mission is to help you navigate your case. With one of our experienced attorneys, we will also help you avoid potential pitfalls like interacting with the defendant, which can come up in court. A Riverdale wrongful death lawyer removes all the stress of dealing with legal matters from the family so they can grieve in peace.
Time Limit for Filing a Wrongful Death Claim in Riverside
With wrongful death claims, there is a two-year statute of limitations. This means that if the client does not file before this, no surviving beneficiaries can make a claim. There is no legal obligation to hire a wrongful death attorney, but it doesn’t hurt to do so due to the nature of the case. It is advisable to hire one, though.
A wrongful death attorney is responsible for many matters that include investigating and evidencing liability. This includes knowing legal faults and, at the same time, being knowledgeable about applicable state laws.
What a Riverdale Wrongful Death Attorney Can Do for You
The duties of a lawyer who specializes in wrongful death cases are not much different from that of any other attorney who specializes in another field. Attorneys are responsible for evaluating points of the case to know all the facts in it. This usually occurs at the first meeting between the client and our wrongful death attorney at John Foy & Associates.
Another duty of a wrongful death attorney is to make an excellent case in court. The lawyers determine whether or not the claim is stable. It is up to the lawyer to decide whether to accept the case or not based on the points they hear. Finally, attorneys are responsible for seeing that agreements and deals go off without a hitch. This is especially true with insurance. If there is no fair offer from the insurance company, the lawyer can still suggest you go to court.
How a Wrongful Death Claim Works
Any person who dies due to unnatural causes, for example, due to a workplace injury or elder abuse, the family has a right to receive compensation for lost income, pain, and suffering. Filing a wrongful death claim involves following the necessary steps to prove the claim is valid. Skipping steps can affect the success of the case.
Those individuals who file a wrongful death lawsuit must be able to show the following:
- Prove negligence
- Breach of duty
- Causation
- Prove suffering and damages
It is up to the client to prove that their loved one is the victim of a wrongful death case because of negligence, recklessness, or intentional harm. The death cannot be from the victim’s actions. A car accident that involves texting while driving is a case of negligence. Additionally, the client must prove that the defendant in the case is responsible for breaking their duty to provide safety.
With causation, the client must prove that the defendant’s negligence is the reason for the plaintiff’s death. For example, a reckless driving case must show that the defendant ran a red light, hit the plaintiff’s car, and inflicted fatal injuries.
Finally, the victim’s death must cause emotional damage and financial strain. This can include medical expenses, loss of income, funeral costs, and pain or suffering to the victim’s family.
Common Wrongful Death Cases We Handle
Many of the wrongful death cases our team at John Foy & Associates handle are:
- Car accidents
- Medical malpractice
- Workplace accidents
- Pedestrian accidents
Car accident fatalities result from a driver’s negligence through speeding, not paying attention, or driving under the influence of alcohol or drugs. Meanwhile, with medical malpractice, the medical professionals attending to the patient fail to offer proper care, which results in the patient’s death. Most of the time, medical malpractice involves misdiagnosis, prescription error, or surgical injury.
Workplace accidents can, unfortunately, happen at any time. Deaths can occur through falls, electrocution, or having an object hit them. Then for pedestrian accidents, a car accident resulting from the driver’s negligence is often the main reason for a wrongful death claim.
Compensation for a Wrongful Death Claim
If your loved one died because of the negligence of someone else, you might be eligible to receive compensation for the following damages in a wrongful death claim:
- Funeral costs
- Pain and suffering
- Medical bills accumulated prior to your loved one’s death related to the incident
Contact a Riverdale Wrongful Death Lawyer at John Foy & Associates
Seek the justice you deserve. Contact the law firm of John Foy & Associates today to set up a free consultation. Our team doesn’t want you to go through the legal process alone. You have options and if you want to learn more about filing a wrongful death claim, let us know. We can help you determine who is liable and how to proceed with seeking compensation. We hold our clients at the highest level and treat them with the utmost respect.
404-400-4000 or complete a Free Case Evaluation form