Grieve - Grief Information - Legal Help For Wrongful Death and Probate Law Matters

You may need these types of help when a loved one dies:

A Personal Injury Lawyer to evaluate whether you have a claim for the Wrongful Death of your loved one.

A Probate Lawyer to advise you on settling the estate of the deceased.

Click below for information on Wrongful Death or Probate:

Wrongful Death Information

Probate Information

Click below if you need a Nevada Injury Lawyer or Probate Lawyer:

Wrongful Death

Wrongful Death Claim

If your loved one was killed by the negligent or intentional misconduct of another person, you may have a claim for wrongful death. You can seek free legal advice about a wrongful death case from a personal injury attorney. A personal injury lawyer can file a lawsuit for the family against the wrongdoer who caused the untimely death of their family member. In a wrongful death suit, the lawyer would seek damages from the person or company responsible for the death of a loved one. Compensation in the form of a settlement or jury award would be claimed for the deceased's family who are entitled to receive monetary damages because of the misconduct which caused the victim to die.

Possible Types of Monetary Damages To Compensate the Survivors

Loss of the income from the deceased;
Loss of services-assistance-care-protection from the deceased;
Loss of care, protection, companionship and comfort;
Sorrow, anguish, and emotional distress;
Medical expenses to cover the hospital and doctor bills for care of the victim;
Funeral expenses;
Pain and suffering;
Loss of the victims future earnings;
Loss of pension, health and other benefits due to the death;
General damages and sometimes punitive damages.

You Might Lose The Claim If You Miss The Filing Deadline In Your State

It is very important to discover the time limit for filing a wrongful death action in your state. Every state has a"statute of limitation," which states that the wrongful death complaint must be filed within a certain time or the claim is lost. Most of the time, the statute of limitations period begins to run the day after the victim was killed. Sometimes, the time may not start until later in situations where the negligence causing the death was not discovered until later. Once again, it is critical that you do not delay filing a wrongful death claim because the lawsuit can be barred if you miss the deadline.

Typical Wrongful Death Claims

A wrongful death action can arise from almost any accidental death where another person or company was negligent and that negligence caused the wrongful death of the victim. Auto accidents are common causes of wrongful death. Accidental deaths can also occur when a property owner fails to maintain the property in a safe condition. Wrongful death can occur as a result of medical malpractice by a health care provider. Also, a defective product can cause the tragic demise of a family member. In fact, there are many ways that the negligent acts of a person or company can cause an accidental death and be liable for a wrongful death claim. Some additional accidents leading to death include: Pharmaceutical Injuries, Nursing Home Malpractice-Abuse-Neglect, Medical Device Defects, Violent Crime Injuries, Cancer Misdiagnosis, Spinal Cord Injuries, Boating Injuries, Bus Passenger Injuries, Silicosis Claims, Diet Drug Injuries, and Asbestos Claims.

The Decision To File A Wrongful Death Action

After you have suffered the loss of a loved one, it is hard to think about filing a personal injury claim to recover damages for the emotional and financial losses you incurred. You have to make the funeral arrangements, contact relatives, and settle the estate of the decedent. It is a lot to think about at a time when you are grieving over the death of someone dear to you.

No amount of money can ever bring back the loved on you have lost. However, you do have a right to recover wrongful death damages and you should not be ashamed or feel badly about suing the person or company responsible for the wrongful death. Sometimes, companies will not make conditions safer until they have had to settle a personal injury claim for wrongful death which was caused by lack of safety. If your family member died as a result of an accident caused by someone else, you may want a personal injury lawyer to help you determine if you have a viable wrongful death claim. Many attorneys provide a free case evaluation where you can get legal advice and discover your rights so you can make an informed decision with respect to filing a wrongful death lawsuit.

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Probate Information

Probate Is Used To Settle The Estate

Probate is a legal process which is used to distribute the property of a person who has died. After the death of a person, it is necessary for someone to step in and see that the person's business affairs are settled, the outstanding bills are paid, and that the property goes to the right individual(s) who has the legal right to such property. Some states have passed laws which require that the above steps are done through specific procedures involving the courts. These legal steps may seem like a burden, but one of the advantages is that creditors usually have a limited time to claim what they are owed and a debt might be barred if it was not properly claimed within the time period. This lets heirs and beneficiaries of the estate receive assets without having to worry about a creditor showing up later and demanding payment. Through estate planning, the probate procedure can sometimes be bypassed or streamlined so that the property goes to the intended individual(s) in a quicker and easier manner. This can involve having a will drafted and establishing trusts which identify specific assets and dictate how and to whom those assets are distributed upon death. Also, if there is not much money or real estate involved, many states allow for a faster resolution through the courts.

An Executor May Manage The Settling Of The Estate

Often, a person will name an executor in his or her will. Sometimes, an executor is appointed by a court of law if the decedent did not have a will. The executor will file the necessary legal papers with the probate court as part of the process of proving the will. The court filings should include a list of assets (cash, property, etc.), a list of all debts, and a list of people who are entitled to inherit from the deceased (as designated by the will or under state law). The executor also has to send a notice to the creditors and the relatives of the deceased so they are aware of the proceedings. While this is going on, the executor will oversee the assets. If there is a business, the executor could have to make sure the business keeps running. The executor might have to decide to sell certain assets like stocks, bonds or real estate in order to meet any demands on the estate for cash. Some items may have to be appraised to determine the current value and to facilitate a sale of the item. The executor must make these decisions in a reasonable and ethical manner. Once the legal process is completed, the estate is usually settled and the executor has fulfilled his or her duty.

Legal Assistance With The Probate Process

There are many overlapping legal areas involved in Probate and Estate Law such as Contract Law, Property Law, and Wills & Trusts Law. Also, the laws may be different in each state and the probate law is subject to change at anytime. It might be wise to consult a Probate Lawyer to determine how to proceed after the death of your loved one.

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