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Frequently Asked Questions About Wrongful Death

As per the CDC, unintentional injuries are the fourth leading cause of untimely death in the United States of America. In 2013, the number of emergency department visits for unintentional injuries was 28.1 million. Wrongful death lawsuits are on the rise with the increase of unintentional accidents and injuries and medical malpractice.

FAQs about Wrongful Death

Q: What do you mean wrongful death?

A: This is a civil case filed against a party that is allegedly responsible for the death of an individual. The underlying action that contributed to or caused the death includes:

  • Careless or negligent conduct, such as an auto traffic crash, medical error, etc.
  • The manufacture or design of a defective product
  • An intentional act, e.g. an assault
  • A grossly negligent or reckless act, such as an auto accident where the party at fault was driving under the influence

Q: Are wrongful death laws the same in all states?

A: No. Each state in the United States has a prescribed set of laws that permit filing a wrongful death lawsuit. These laws specify who can file a wrongful death lawsuit, the deadline for filing this type of lawsuit in civil court and the type of losses that can be compensated, among other procedural details.

Q: Can any family member file a wrongful death lawsuit?

A: The details on who can legally bring a wrongful death lawsuit vary according to the laws in each state. In most cases, this type of lawsuit is filed on behalf of the estate of the deceased person, but a spouse, children, or any other individual who depended (financially or emotionally) on the deceased person can make a claim for losses that were caused by the wrongful death.

Q: If the deceased person never held a job, can I still bring a wrongful death action?

A: Yes. You can bring a wrongful death action, even if the decedent never held a job – they might have made other contributions to the family. An example is a wrongful death action for a stay-at-home mother or father who provided the family with guidance, nurturing and other services. Contributions such as these are quantifiable in a wrongful death action as “pecuniary losses.”

Q: What is the statute of limitations for filing a wrongful death claim?

A: Similar to other types of civil case, a wrongful death lawsuit is subject to a deadline that is set by a law called “statute of limitations.” Expressed in years, this deadline varies from one state to another, but a window of 1 to 3 years is quite common. You should keep in mind that across all states, if you wait too long to file a lawsuit for wrongful death – in other words, the deadline has passed and you are not exempted from the deadline – it is almost certain that the court will dismiss your case.

Get Legal Assistance for Wrongful Death

If you have lost a loved one due to another person’s negligent or reckless act, you must seek the counsel and legal guidance of a personal injury lawyer who has dealt with many cases like yours. It is prudent to have a reliable wrongful death attorney as this type of lawsuit can be complex. With the help of a reliable and majestic legal pro at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law, you can make sure that you obtain the compensation you are entitled to. Call us on at 212 697 9280 for a free consultation. We have a long list is satisfied clients. We want to put your name on that illustrious list. Our work ethic is supreme. We are only paid if you are paid. RMFW Law wants to settle favorably or win as badly as you do. We will keep you informed every major step of the way. Call RMFW Law today!

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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