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Aviation Accident Attorney
Wrongful Death Attorney
Initial Steps
When you choose a law firm to handle your wrongful death claim, you want attorneys that will work closely with your family throughout the entire case. It is important to hire a law firm that you feel comfortable with as they will help guide you and your family through this trying time. You want attorneys that have had success in many cases similar to yours. The firm you choose to work with should also have the funds available to prepare your case efficiently with the necessary attorneys, clerks and paralegals without up front charges.
Starting a wrongful death case involves taking the following actions:
- Appoint the Personal Representative for the estate and ensure that the probate estate is opened when required.
- Establish who or what party may be responsible.
- Select the best forum to file the wrongful death claim in- whether it is state or federal court.
- Establish which ‘notice’ provisions are needed.
- Develop a strategy for discovery.
Selection of the Choice and Jurisdiction of Law for Filing the Wrongful Death Action
Before a claim is filed it must be determined which courts are legally authorized to handle the case. These courts have jurisdiction over the parties and causes of action. All of the states in which the action can be filed will be taken into consideration, and your wrongful death attorney will select the state with the most favorable laws for you and your family. Your lawyer must consider various states’ laws relevant to your case, judges that could be involved and potential juries in the courts where the claim is going to be filed. All of these factors will be examined before a decision is made. Finally, your attorney must carefully follow all of the chosen jurisdiction’s rules.
Lawsuit or Claim Preparation and Prosecution
Conventionally, the defendant settles claims in the suit filer’s favor only as a last resort. Usually they will hang onto a claim as long as they can to keep the interest adding up on their finances while hoping for a smaller settlement later. Optimal settlements typically happen when defendant recognizes that your lawyers are willing and ready to go to trial if the settlement offer is not sufficient.
To prevent this situation, the plaintiff’s attorneys have to keep pressure on the defendants. Effective preparation and vigorous pursuit of the claim must be done for this to be successful.
Damages Entitlement of the Estate and Personal Representative
There are four basic categories of financial loss due to wrongful death. Economic loss is the first and represents money lost by the estate or heirs. Non-economic loss is the second and represents non-monetary losses such as grief that a surviving family member is left with. The third is survival damages pertaining to the descendant’s painful experience following the accident but before their death. Included in this are terror experienced previous to a crash (aviation accidents), pre-death monetary losses resulting from the accident, pain and suffering, and the price of a lost life. The fourth basic category of financial loss due to wrongful death is punitive damages. Punitive damages are brought to light when the court decides that the defendant’s behavior is so unacceptable and offensive that they should more or less be fined. This can also be used as an example to other people and business not to behave in this manner.
As mentioned above regarding jurisdiction, wrongful death lawyers will investigate relevant state laws to determine which state as the most favorable laws for a beneficial outcome in your case. These four categories of damages are described below. (Not all states permit recovery in all four areas, and some confine recovery to only one area.)
ECONOMIC LOSS
Loss of support
Loss of inheritance
Loss of services
Funeral and burial expenses
NON-ECONOMIC LOSS
Loss of society and companionship
Grief and anguish
Loss of consortium
SURVIVAL DAMAGES
Pre-impact mental suffering
Conscious pain and suffering
Hedonic loss is compensation for the "loss of enjoyment of life."
Pre-death economic losses
PUNITIVE DAMAGES
Punitive Damages are a financial penalty considered necessary to discipline a defendant as well as other possible wrongdoers from behaving in the same ill willed manner. Usually the net worth of a company or individual will play a role in the amount of punitive damages. Although these damages are rarely awarded, they can add up to millions of dollars when brought against rich companies.
It is almost a guarantee that defendants and their insurance companies will have considerable representation by experienced claims adjusters and legal experts. They will have a team of their own researchers, nationwide database access, the means to perform legal studies in every state, and plenty of money to fight your claim. Baum, Hedlund, Aristei & Goldman will stand in your corner if you let us. We can and will defend your rights and do everything within our power to get a favorable outcome in your case.