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Wrongful Death
Losing a loved one due to negligence is devastating. We are here to provide legal support and ensure your family receives justice and the financial security you deserve.
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Wrongful Death – Death of Someone at Fault of Another
A wrongful death lawsuit is typically brought against an individual or individuals who have caused the death of another person due to negligence or willful action. In these matters, a claim is usually filed by the estate of the deceased or close friends or loved ones against an individual or individuals who are legally responsible for the death.
Filing this type of claim can come with different requirements depending on the laws on the books regarding wrongful death suits and determining legal responsibility on the part of the defendant comes with some challenges.
Wrongful Death Claims
A claim may be filed for an incident in which the deceased was killed as a result of a wrongful action on the part of the defendant in the case. There are a number of examples where this may occur:
Intentionally Killed
If the defendant intended to kill the deceased, he or she may be subject to a wrongful death suit. This legal matter is often brought against the defendant separately from any criminal case that may be brought to court to decide whether the individual is guilty or not in the death. These suits are typically a civil matter.
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Medical Malpractice
A doctor who misdiagnoses or fails to properly diagnose a patient or the doctor shows reckless disregard in the treatment regimen of the patient and that person dies as a result of these actions could be subject to a wrongful death lawsuit. The case could be brought against that medical professional and possibly even the medical facility where the deceased was treated and/or passed away.
Automobile Accidents
If the driver of an automobile operates that motor vehicle in a negligent fashion, resulting in the death of another person, the driver could be subject to a wrongful death suit.
Wrongful death suits will typically originate as personal injury cases, with the exception of a death that occurs as a result of injuries sustained at the workplace. In those situations, a wrongful death case is usually dealt with through a worker’s compensation claim.
Proving a Wrongful Death Case
For a defendant to be found liable in any wrongful death claim, the plaintiff on behalf of the deceased is bound to meet an identical burden of proof that the victim would have been required to meet if he or she were not deceased and filing a personal injury claim against the defendant of their own accord.
Therefore, the plaintiff must establish that the defendant had a legal responsibility to maintain a level of care that was not met and this breach in care directly resulted in the death of the victim. Furthermore, the plaintiff must prove that the death of the victim was the direct cause of the damage that the plaintiff is seeking in the case.
Real Parties in Interest
Those individuals who may bring a wrongful death claim against a defendant on behalf of the deceased and those who have sustained damages as a result of their death can vary depending on their relationship to the victim. While one representative is typically the individual who files the suit, he or she may work on behalf of multiple parties.
The individuals who are allowed to sue for wrongful death and seek damages are called real parties in interest. Those who may qualify to be considered as part of the plaintiff can vary based on the wrongful death statutes of each state. The individuals who might sue as real parties in interest are as follows:
Family Members
The wrongful death laws in every state deem immediate family members eligible to sue for wrongful death damages. These family members include spouses, children both natural and adopted, and parents of unmarried children. In some states, distant family members such as a brother, sister, or grandparent may sue a defendant for damages.
Domestic and Life Partners
The laws vary from state to state but a domestic or life partner of the deceased may bring a wrongful death lawsuit against a defendant they believe is liable.
Financial Dependents and Putative Spouses
Individuals who were financially dependent on the deceased and putative spouses may also bring a claim against a defendant in the wrongful death of the decedent. These individuals need not be related to the deceased by blood or through marriage. A putative spouse is any person who had reason to believe he or she was married to the decedent, so this would count under the law. But many states vary on this one, so check the laws governing wrongful death suits in the region where you reside.
Death of Fetus
Depending on the state in which you live, a wrongful death suit can be brought by the parents for the death of a fetus and damages pursued for the loss. But there are restrictions that pertain to your ability to file such a claim and you should discuss the matter with a good attorney well versed in wrongful death law to find out if you are eligible.
Defendants in Wrongful Death Lawsuits
There are very few limitations as to who can be found liable and sued in a wrongful death lawsuit. This type of claim may be filed against individuals, public and private corporations, employees, even some government agencies and contractors.
In fact, one wrongful death incident could result in a multitude of people being named as defendants in a claim. Depending on the conditions that led to the death of a victim, one incident could pinpoint an assortment of potentially liable parties.
Defendants Given Immunity from Lawsuits
This is where things can get complicated and somewhat confusing. There are certain government agencies and their personnel who may not be named in a wrongful death suit. Having immunity from litigation in this type of matter is not something many people are able to enjoy, except for those agencies and their employees who are protected under federal law.
Recent changes and additions to the wrongful death laws now offer immunity to individuals involved in specific product liability claims for medical devices as well as to those individuals who are involved in railroad collisions. In addition, the manufacturers of generic drugs are also given immunity from wrongful death suits where the drug in question presents some level of danger to the public if the FDA has previously approved the name brand version of that same drug along with the labeling on the bottle.
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I got referred by a good friend of mine to give them a call when I was involved in a car accident. They sure helped me out with everything and took care of all the back and forth with insurances and doctor visits all I had to do was show up and send over any bills I had coming my way. Now I would be the one recommending them to anyone who’s in need.
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I was lost trying to just communicate with 2 different insurance companies who were basically ignoring me and the claims for myself and my son. I contacted Tofer and Associates and once Fema became my main contact at the firm I felt an instant relief. She was thorough, kept in constant contact with me, answered all my questions and gave me a level of comfort that I had not felt before.
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Such a great experience with Tofer & Associates, I highly recommend them! Eliza, in particular, went above and beyond for my family in dealing with a car accident and everything that came with it. She offered great support when we needed it the most. I’m truly grateful for this firm. Thank you so much!
Maria Trebino
Tofer & Associates not only made the initial evaluation process easy and convenient, they have stood with me along the way keeping me updated and working with all the medical personnel involved and following up with them thereby minimizing the effort i had to put forth in the quite grueling process of PI resolution. I especially want to thank Cynthia and Aljon who were very attentive to my needs and provided me with the cash advance and property damage reimbursement which I really needed in a timely and expeditious manner. Kudos to the legal team who have managed to make an unfortunate and unpleasant situation quite bearable and personable!
Richard Paguirigan
My experience with Tofer & Associates was great. Chris always kept us informed of every detail throughout the course of our case. Very detail orientated, professional and his follow through was amazing. The Chris & Jeremiah team are a great one. Thank you again for all your hard work!!! Much appreciated and will refer you to anyone needing your professional services in the future.
Gloria Sanchez
I have had great people from Tofer and Associates working my case. Nadia and Lalaine are very empathetic, and answered all my questions as they arose. They completely put themselves in the place of their clients, and are always available to answer questions and resolve all issues that may arise, and you can contact them for anything you may need, and they are always happy to answer them. I really like it when people are dedicated to their work, and have respect towards others. I am eternally thankful for their help.
Rosy la Soprano Arcia
I was involved in an accident a couple months ago & I had the opportunity to work with Eliza and her team who were all great! They handled my case very well & constantly communicated any updates about my case so that I was always in the loop. Despite some complications with my situation itself, every thing was handled so smoothly and efficiently. I wanted to thank Eliza and T&A for everything! Very reliable law firm that I’d recommend to anyone.
Maribel Ortega
My mom and I have had nothing but AMAZING professional services from the law firm of Tofer and associates.
I highly recommend Jonfer Legaspi. He’s very professional and kept me informed from day one. The office staff worked very hard and always helpful. They answered all of my questions. I also want to thank Jing Asuncion, for all the hard work and dedication. We are very pleased with the settlement and I would recommend them to anyone.
Mayra Villanueva
I was involved in a pedestrian accident on March 2023. I called the lawyer Michael A. Cholodenko from Tofer and Associates Law Firm to represent me.The lawyer and his team were very professional and caring throughout the process. I was amazed when they kept contacting me to se how I was doing. I always believe that employees are the best assests to a company and my C.M. Haidy is the best example of it. Also, I have to mention Carlos. He was very empathetic in the interview.
Kudos to Toffer and Associates!
Maribel Ortega
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