Information For Filing A Wrongful Death Claim
In the event of a death caused by an individual or an organization, the immediate family of the deceased may be able to file a wrongful death claim against the persons responsible. Since the person who died as a result of the incident obviously cannot file a lawsuit against the persons involved, the immediate family members of the victim would be the beneficiaries of any compensation awarded.
A wrongful death is a death caused by the legal action or inaction of another person. The legal concept is a relatively new one, and it was non-existent even as recently as the 19th century. Nowadays however, wrongful death is considered a valid reason for filing a lawsuit and most states in the U.S. have some type of law dealing specifically with wrongful death cases.
There are many scenarios that can warrant a wrongful death claim including:
- vehicular accidents
- medical malpractice
- product liability
Wrongful death can result from the direct and intentional action of an individual, an organization, or a government entity or from neglect by any of the above.
Who can file for a wrongful death claim?
Wrongful death cases are filed by a legal representative of the survivors of the deceased. These people are referred to as “real parties in interest”. The representative assigned to file the lawsuit is generally the executor of the deceased’s estate.
“Real parties in interest” do not necessarily have to be immediate family members. in some cases, wrongful death claims may even be filed on behalf of parties that are not related to the deceased at all. Nevertheless, most cases of wrongful death are filed on behalf of immediate family members. At present, all states in the U.S. allow the spouse and children of the deceased to file a wrongful death claim. This also goes for parents of unmarried children that have died a wrongful death.
In some states, wrongful death claims may be filed by a partner or financial dependent of the deceased even if they are not legally married. Someone who has lived with the deceased for a long time as a spouse may also be eligible to file a wrongful death claim even of they are not actually married. Some state courts also allow distant family members to file a claim for wrongful death.
Sometimes, financial dependence on the deceased may be sufficient reason to file a wrongful death claim. In such cases, the person filing the claim would only have to prove the loss of support and/or care in order to be eligible for a claim.
Parents may also file a wrongful death claim against a doctor or medical care facility for the death of a child, although the guidelines vary from state-to-state. While some states allow parents to file a wrongful death claim for the death of a fetus, other states will only allow such lawsuits for a death that occurred after the child was born.
Respondents in a wrongful death claim
Wrongful death claims can be filed against individuals, companies, government organizations, and employees. In a wrongful death claim involving a vehicle for example, the case may be filed against:
- the person driving the vehicle
- the manufacture of the vehicle
- the local government assigned to build and/or repair the road wherein the accident occurred
- government agencies that failed to provide the public with road hazard warnings
In more extreme cases, a wrongful death claim may even be filed against the people who provided alcohol to a drunken driver involved in a wrongful death accident. Sometimes, even the owner of the establishment from where the alcohol was served would be considered legally liable for a wrongful death
100 Million Dollar Settlement Fund for Women Injured by a New Birth Control Product
Jason T. Brown was the first attorney in the country to file a battery of cases on behalf of women who sustained blood clots, such as deep vein thrombosis, pulmonary embolisms, strokes and death from a new Birth control Product. Jason T. Brown’s prior firm was on the PSC (Plaintiff Steering Committee) and served as liaison counsel in the state mass tort action. The firm is no longer accepting new cases.
Tens of Millions in Settlements for Mass Tort Injuries and Class Actions
$7 Million Plus Settlement for Consumer Fraud
$7 Million Dollar Commercial Litigation Settlement
Millions in Settlements for Women Injured by New Generation Hormonal Product
Women who sustained blood clots from a new Generation Hormonal Product received and continue to receive compensation for their injuries. Compensable injuries include Pulmonary Embolisms (PE), Deep-Vein Thrombosis (DVT), Strokes and Death. The firm is still investigating and accepting cases.
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Case brought on behalf of at home call center workers who were not paid for all their time worked including boot up time, technical time and other time. Workers were told by the company that boot up time which lasted 15 minutes or more was not paid because it was considered their commute to work. Fair Labor Standards Act (FLSA).
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$2 Million Dollar Settlement for False Claims Act (Whistleblower Case)
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A case against GenomeDx was brought alleging violations of the False Claims Act (FCA) and the California Insurance Claims Fraud Prevention Act regarding unnecessary services such as the testing of tissues that did not need to be tested. The case resulted in a $350,000 whistleblower award.
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Our firm was Of Counsel to a serious truck accident case involving a trucking accident with multiple injuries.
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Scott Kohn and Future Income Payments conspired to defraud veterans out of their hard earned pensions by offering them loans at loanshark rates and claiming it was a “purchase” not a loan.
$1.7 Million Dollar Settlement for Wage & Hour Case
Misclassified employees under the FLSA were not paid overtime for hours worked in excess of 40. Due to a confidentiality agreement specific details are intentionally omitted.
Judgment with Maximum Damages for Employment Litigation
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Class Action Jury Trial
Workers alleged that they were misclassified according to their job duties. The Defendant claimed an administrative exemption under the FLSA and state law. Misclassification cases under the FLSA are the cases most often tried due to non-monetary considerations. Jury Trial lasted three weeks. Settlement offered in lieu of appeal.
Acquittal at Trial
Despite videotaped evidence that the prosecutor alleged incriminated the defendant, Mr. Brown was able to obtain an acquittal at trial for his client. Please note, that while we, the Brown, LLC will provide consultations in defense matters, the firm spends most of its time litigating complex litigation such as class actions, mass torts and catastrophic injuries.
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Workers were compelled to come into work 15 minutes early to set up, but were not paid for their set up time. Gap issues aside, workers received double damages for the time worked for 3 years’ worth of pay with attorney fees paid separately.
This is a non-exhaustive list of prior results and successes of Jason T. Brown and the Brown, LLC. Past results do not guarantee a similar outcome.
For more information about each award see Awards & Accolades – All cases involve Jason T. Brown and/ or Brown, LLC
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Results may vary depending on your particular facts and legal circumstances.