Personal Injury and Wrongful Death Attorneys

Accident and Injury Victim Representation Nationwide

When you or someone you love suffers a serious injury, in a single moment you can lose your health, your job, your happiness, and even a spouse or child, leaving you with medical bills, lost income, and emotional distress.

Serious injuries require serious lawyers who are determined to fight for the best judgment or settlement for their clients. When clients bring their personal injury or wrongful death cases to our law firm, they can be sure that:

• Your case will be assigned to a lawyer who is experienced in your specific type of accident.
• We will get involved right away so that we can preserve evidence and interview witnesses.
• We will assemble a staff team for your case - including investigators.
• We will take the time necessary to fully investigate the accident.

Negligence and Personal Injury Cases

Personal injury cases can take many forms, from aviation accidents to medical malpractice to product liability to automobile accidents. Generally, however, most involve the concept of "negligence." The law generally defines "negligence" as: failure to use ordinary care - that is, failing to do that which a person of ordinary  care would or would not have done under the same or similar circumstances.

The plaintiff bears the burden of proving that the defendant's conduct constituted "negligence," and that their negligence was "a proximate cause" of his or her damages.

"Proximate cause" is generally defined as: a cause which, in a natural and continuous sequence, produces an event, and without cause such event would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result. There may be more than one proximate cause of an event.

Wrongful Death

The term "wrongful death" means that a person's death was due to another party's negligence. Often, a claim for wrongful death can be filed against another individual, group or company. Wrongful death claims are commonly filed as a result of an accident but may also include criminal acts, work-related negligence and professional negligence. In order to collect for damages, you must prove that the other party was, in fact, negligent and their negligence caused the death. In most cases, a wrongful death claim must be filed by a relative of the person who died, and in some states you must first show the courts that you have the legal right to seek damages against the negligent party.

Filing a wrongful death claim is extremely difficult for families because,  they are not only dealing with grief of their loss, but they must also deal with a very complicated legal situation. It is important to keep in mind that the death was caused due to another's negligence and the family has the right to be compensated for their loss.

A claim for wrongful death may include compensation for the following:

• Reimbursement for all medical expenses incurred as a result of the negligence.
• Reimbursement for the loss of any future income.
• Reimbursement for property damage, if applicable.
• Reimbursement for any future services normally provided to you by the person who has died.
• Reimbursement for loss of consortium, meaning a spouse's right to the companionship, help and affection from the person who has died.
• Reimbursement for any punitive damages if the negligence was found to be criminal.

All states have a "statute of limitations," an amount of time allotted to file a claim for negligence. You must protect your family's rights by making sure the negligent party is held accountable for your loss and, although extremely hard, it is crucial that you preserve any supporting evidence and file your claim within the legal time limits.

Consult an Attorney Today!

Whether you are interested in filing a wrongful death or personal injury lawsuit, it is important to consult an attorney as soon as possible. These are legal proceedings, and you will need an experienced professional at your side to ensure that your rights are protected and you can face a brighter and better future. A personal injury lawyer or wrongful death attorney at Tracey Law Firm may be able to give you the exact legal representation you need to recover maximum financial compensation for your injuries or loss.

Contact a personal injury attorney at Tracey Law Firm today for a free consultation.