A serious personal injury is a disabling injury. The disability
may be temporary or permanent, partial or total. A serious injury
causes a significant interruption in normal lifestyle due to loss
of work, substantial pain, disfigurement, or the like. A serious
injury adversely affects earnings and the quality of life for you
and your family.
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The compensation you are entitled to receive often depends upon
the type of accident causing the injury. For instance, there are
different rules of recovery when the injury results from an automobile
accident than when it is an on-the-job injury.
To understand the rule that would apply to your situation, you
need to consult with an attorney.
You must be aware of certain time limitations for acting to protect
your interest and the interest of your family. If you do not act
within certain time limits, you may lose your right to make a claim
in the future even if the injury, which now seems relatively insignificant,
gets much worse as time goes by. These time limits are particularly
short when medical malpractice may have caused the injury.
The law permits the estate to file a lawsuit on behalf of the heirs.
Wrongful death is a term used
to describe the type of lawsuits brought by the surviving relatives
of a deceased person, against the person who caused the death to
occur.
A wrongful death action is separate from the lawsuit that may
be brought on behalf of the deceased person (for example, by the
deceased person's estate) for damages resulting from injuries to
the deceased. For procedural purposes, these actions are typically
combined into one lawsuit. The idea behind a wrongful death lawsuit
is that the wrongful death, in addition to injuring the person who
died, also injured people who depended upon the deceased for financial
or emotional support. The wrongful act may be a negligent or careless
act such as careless driving or a deliberate act such as manslaughter.
Wrongful death damages can be economic, such as the loss of an income
provider or a homemaker, and it can also be non-economic in the
form of the emotional impact of losing a loved one. In a wrongful
death lawsuit, the amount of damages can be a very complicated question.
Survivors can usually sue for medical bills paid for the care of
the person who was injured as well as for burial expenses. Because
the idea is that the survivors have been injured by the absence
of the person who died, determining the amount of damages requires
consideration of what probably would have occurred in the future.
The damages that can be assessed may include an estimate of the
amount of earnings the person who died would have earned if they
had lived and the pain and suffering experienced by the survivors
due to the absence of the deceased person. Estimates of future earnings
require the use of an economic expert testimony regarding the net
present value of the deceased person's future earning capacity.
If you have any questions about the information provided above, please contact
us.
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