Serving Families Nationwide
The loss of someone close to you is devastating and life-changing. Nothing is ever quite the same. If that loss is needless or is caused by carelessness or negligence, the grief is even deeper.
A family that has suffered a wrongful injury or death has rights that should be respected. The negligent party can and should be held responsible and damages recovered. Our team of wrongful death attorneys at Fleming | Nolen | Jez, L.L.P. can help you.
Representation Against Insurance Companies & Third Parties
Insurance companies may try to take advantage of a grieving family by making a fast settlement while the bereaved are still in shock. Chances are a settlement made under these circumstances won’t come close to providing the justice a family or injured person deserves.
Fleming | Nolen | Jez, L.L.P. has represented many people and families in wrongful death and personal injury cases. We have the right combination of strength and compassion to work with you and your family when you need counsel the most.
Victims and families must take action within a limited period of time or they will lose their right to seek recovery. So if you wish to know your legal rights, please don’t delay.
What Is A Wrongful Death Claim?
A wrongful death claim is a lawsuit that alleges a person was killed due to either the negligence or some other form of liability, on the part of the defendant and that the surviving beneficiaries are entitled to monetary damages.
In most cases, there are usually four parts of a wrongful death claim:
- The death caused, at least in part, by the actions of the defendant
- The defendant was not only liable but negligent, resulting in the victim’s death
- There is at least one surviving beneficiary, typically a spouse or children
- Monetary damages are appropriate
Who Can File a Wrongful Death Claim?
Depending on where you reside, different laws usually apply, but in most cases, members of the immediate family—i.e. children, parents, and spouses—are able to pursue a wrongful death lawsuit. In certain circumstances, members of the extended family such as grandparents or any legal dependents may have a claim as well.
Is There a Time Limit for Filing a Wrongful Death Suit?
Yes, although you may be surprised to find out that it depends where you happen to reside. The statute of limitation dictates how long you have to file a wrongful death lawsuit. Three years is a common limitation, but it can vary widely from state to state. Many people assume that this time limit starts from the time of death, and in most cases this is true, but it is not always the case.
Facts regarding the circumstances of a wrongful death case may not surface for months or even years after a person’s death. Under these circumstances, it might be possible to make a claim at this point, rather than the physical time of death. Whatever the circumstances may be, it is typically recommended to file a wrongful death lawsuit at the earliest possible opportunity.
Do You Have a Potential Case or Question?
At Fleming, Nolen & Jez, our personal injury and mass tort lawyers have dedicated their careers to fighting for the rights of injured victims throughout the United States. If you were seriously injured through the negligence or wrongdoing of a company or another person, you may be able to file a lawsuit to secure the compensation you deserve. Contact us today to speak with one of our specialists to review your case information.