Pleading the Wrongful Death Case. The area of wrongful death is one that is governed by statute and case law, and is considered an area of ‘complex’ litigation where experience and knowledge are key to success. In cases of wrongful death, death is not always simultaneous with the action that causes it, and in those cases, there are two claims-one for the damages suffered by the decedent prior to death, and the action of the estate (survivors) for damages that occur as a result of the death. Failure to plead the case correctly will result in diminution of the damages claim, or damages being barred at trial. Pleading a wrongful death case is a technical matter, and the underlying tort claim must be plead simultaneously. For example, whether a police officer, trucker, or physician causes death will result in a variation of technical pleading requirements.
Preparation and pleading of the death case involves economic analysis that is not done in other types of cases, known as ‘net pecuniary losses.’ Trial lawyer Jim Avery has over thirty years experience handling wrongful death cases, in multiple jurisdictions. These cases are always a matter of state law on damages, whether the case arises from federal (such as civil rights or interstate transportation) or state rights (such as negligence, malpractice, etc.) violations.
Death of a loved one is a harsh experience. Trust your case to a lawyer who has the experience to handle it correctly, and pursue it for maximum recovery. Mistakes in litigation can rarely be undone, so make sure your case is plead and presented correctly. Call Avery Law Firm now, or complete the FREE CASE EVALUATION form on this page. Co-counsel and referrals accepted.