Compassionate and Aggressive Wrongful Death Lawyers
- 40 Years of Experience
- Over $3 Billion Won for Our Clients
- Thousands of Lives Changed
The death of a loved one is an extremely painful experience that is made worse if the individual was killed because of another’s negligence or wrongdoing. If you have lost a loved one due to the wrongdoing of another, our wrongful death lawyers understand what you are experiencing and can help you fight for the justice and compensation you deserve.
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Janet, Janet & Suggs has 40 years of experience recovering compensation for clients who lost a loved one because of another’s negligent, careless or intentional actions. We are familiar with the wrongful death laws in most states and can help you determine if you have a claim and who is entitled to file a wrongful death lawsuit. If you do have a claim, we will conduct an in-depth investigation and build a strong case on your behalf.
What to Know About Wrongful Death Cases
In situations where an individual is killed because of another’s actions, whether intentional or negligent, the law allows for surviving family members to file a wrongful death lawsuit. Through this type of lawsuit, those who depended on the deceased are able to seek compensation for their financial and emotional losses from the individual or company that caused the person’s death. These claims are civil actions that are separate from any criminal charges or cases.
What constitutes wrongful death?
When determining if you have grounds to file a wrongful death lawsuit, our attorneys will look for a number of important elements. In order to establish that a wrongful death occurred, we will have to prove that the defendant acted negligently and caused the death of your loved one. This will require that we provide evidence demonstrating:
- Duty of care. We must be able to prove that the defendant owed a duty of care to the victim. This means that they should have acted with reasonable care that would not cause harm to the victim. For example, in a car accident case, the defendant must obey the rules of the road. In a medical malpractice case, the doctor must act as others with similar training would act under similar circumstances.
- Breach of duty of care. We must be able to provide evidence showing that the defendant breached a duty of care by acting carelessly, negligently or intentionally. This can include a motorist who was speeding, who ran a red light or who was under the influence. It can also include a doctor who provided a level of care that fell below accepted standards within the industry.
- Causation. Finally, we must prove that the victim’s death was a direct result of the actions of the defendant. The defendant’s lawyers will likely argue that the person’s death was caused by something other than the defendant’s actions, such as a preexisting condition or another element in the case.
Who can sue for wrongful death?
The laws in your state will dictate who can file a wrongful death claim, and it is best to consult a reputable attorney to determine the correct person to bring a potential claim. Although the rules and proceedings vary, most states will allow an immediate family member to file a lawsuit based on their relationship to the deceased. For example:
- If the deceased was married, the surviving spouse will bring the claim.
- If the deceased was an adult, it may be possible for their child to bring a claim.
- If the deceased was a minor child, a parent will bring the claim.
The process can become much more complicated in situations involving divorce and more distant relatives. Additionally, if the deceased had a will, an executor or administrator will likely be appointed to administer the estate. This person will also have the sole right to file a wrongful death lawsuit on behalf of the estate. In some states, after a certain amount of time has passed, the pool of people who can file a lawsuit expands significantly.
How long do I have to file a case?
If you are considering filing a wrongful death lawsuit, you should speak with an attorney as soon as possible about your options for filing a wrongful death lawsuit. Each state has its own set of laws, known as statutes of limitations, that set a time limit on how long you have to file a wrongful death lawsuit. Typically, this time frame is one to three years from the date of the person’s death.
However, if a government entity or employee caused the death, you will likely have an even shorter time frame. Many governments require a notice of claim or other form of documentation within as few as 90 days from the death.
How much compensation am I entitled to?
When determining the amount and types of compensation to award in a wrongful death lawsuit, the court will take into account a number of factors. This may include the damages of the deceased from the time of the accident to the person’s death, the relationship between the survivor and the deceased, and the losses experienced by the survivor because of the death. Many states place restrictions on the types and amounts of compensation that can be awarded. Types of compensation can include:
- Medical and hospital expenses
- Funeral expenses
- Lost wages or income
- Loss of companionship or support
- Pain and suffering
- Lost guidance for a child of the deceased
What types of cases do wrongful death lawyers handle?
Throughout our years of practice, JJS attorneys have handled a number of wrongful death cases that resulted from a variety of circumstances. Some of the most common causes of wrongful death include:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Birth injuries
- Medical malpractice
- Workplace accidents
- Defective products
How a Wrongful Death Lawyer Can Help with Your Case
When dealing with the loss of a loved one, there are many emotional, financial and practical matters that must be taken care of. Working with an experienced wrongful death law firm ensures that you and your family are supported throughout the complex legal process. Having an experienced lawyer by your side throughout this process is vital to bringing a successful case.
The wrongful death lawyers at JJS have decades of experience fighting for the best interests of families who have lost a loved one because of another’s actions. We are dedicated to helping you get the justice you deserve.
No matter the cause of your loved one’s death, our wrongful death lawyers will utilize our full resources in investigating the accident in order to determine who should be held liable for the resulting damages. We will interview witnesses, analyze medical records, review video or photos of the accident, collect police and accident reports from auto accidents, and leave no stone unturned when gathering evidence in your case.
Our wrongful death lawyers will carefully review the details of your claim and will be able to advise you of all your legal options following the death of a loved one, including meeting filing deadlines, determining compensation amounts and more.
Locations We Serve
Our wrongful death lawyers have handled cases throughout the country. Collectively, our attorneys are licensed to practice in more than 10 states. We are proud to serve Illinois, Iowa, Maryland, Minnesota, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Virginia and Washington, DC. We have also been granted permission to practice in many more states with court approval.
Why Choose Janet, Janet & Suggs to Help with Your Wrongful Death Case?
The personal injury lawyers at JJS have more than 200 years of combined legal experience. During that time, we have recovered significant verdicts and settlements on behalf of our clients, so that they can rebuild their lives after the death of a loved one. When working with us, you can trust that we will put your best interests first throughout every step of the process.
Our attorneys are nationally recognized for their commitment to fighting for the rights of victims. And we believe that every case, no matter the size, deserves the same level of resources and attention. We are committed to making sure your rights are protected and that you get the justice and compensation you deserve. We offer our legal services on a contingency fee basis and are only paid for our legal fees when we recover a verdict or settlement on your behalf.
If you have lost a loved one because of another’s actions, do not hesitate to contact the wrongful death attorneys at JJS to schedule a no-obligation consultation. We have the experience and skills needed to handle your case.