Questions & Answers

Every day, wrongful death attorneys hear from folks who have recently lost of a loved one.
Many times, the careless act of a driver, a medical mistake or a defective product is the cause of the loss.

If you have lost a loved one, you probably have many questions about what happened and what to do. We help families investigate “what happened,” talk to witnesses and find the truth. We are here to answer your questions and help you take the proper steps as you try to get through this challenging time.

In a series of Q&As, we will answer questions and share resources to help you as you’re mourning from the wrongful death of a loved one.
You can read the first article on mourning from the wrongful death of a loved one.
This is the second article. We’ll answer some basic legal questions you might have.

What does the legal claim of “wrongful death” mean?

Under the law, a “wrongful death” is a death caused by a negligent, careless, intentional or reckless act of another person or corporation. A wrongful death can result from any accident that causes serious injury and ultimately death.

There are many different events that can result in a potential wrongful death claim. Some examples are below. More detailed information is contained in those links below.

Trucking accidents & automobile crashes
Medical malpractice and negligence
Defectively designed or manufactured products
• Workplace accidents
• Aviation accidents
• Motorcycle accidents
• Truck accidents involving tractor trailers or big rigs

Contact an experienced wrongful death attorney.

First, you’ll want to consult with an experienced New Jersey civil trial lawyer that knows about wrongful death cases and wrongful death laws.
Wrongful death cases can be very difficult and complicated. The law is complex and not all lawyers have the skills and experience to handle this type of claim.

The loss of a loved one is one of the worst things that can happen to your family –and when the worst happens, you need the best. You should demand a lawyer that is experienced in handling wrongful death claims.
That lawyer will have the knowledge and the experience to explore and analyze the issues surrounding the events that led to your loss and tell you whether you have a wrongful death case that can be proven in court.

Experienced wrongful death attorneys will have access to experts and resources to perform an in-depth analysis of data such as medical records, MRIs, CAT Scans, pathology studies, product design, safety standards, OSHA regulations and more to determine the next course of action.
It is extremely important to talk to an attorney about your situation as soon as possible.

How long do I have to file a claim?

You must file your lawsuit within two years from the date of death or the claim will be legally barred by the statute of limitations law.
Although your family will undoubtedly be going through the grieving process, it is very important to speak with a lawyer as soon as you can so that an investigation can start as soon as possible and your rights are not lost.

What will a wrongful death attorney do for me?

Step One: Determine if there’s a wrongful death case

At the Mininno Law Office in Collingswood, NJ, and Philadelphia, your case will be reviewed by experts and consultants hired by the firm to review the evidence to determine if there is a potential wrongful death case.
These professionals are retained by the firm and will work closely with us to review the evidence.

Step Two: Determine if a lawsuit should be filed

If your wrongful death attorney determines you have a wrongful death case, the firm will invite you and your family to meet at the firm’s offices and have an open and honest discussion about the merits of your case.
All of your questions and concerns will be answered and then you and your family can decide if the case should be filed.

If you decide to proceed, the Mininno Law Office will then notify authorities and make sure that you are protected from day one.

Wrongful death attorneys can work with authorities to find out what your rights and legal options are. While the victim’s family mourns the tragic loss, the wrongful death attorney will fight to make the case.
We will help you explain your situation to your bill collectors and make sure that any bills are properly submitted to your insurance carriers for payment.

When you come to the Mininno Law Office, you will receive a free case evaluation or consultation with our team. They will be able to break down the details of your case and determine if you need a medical malpractice attorney.

How much do wrongful death attorneys cost?

Generally, attorney fees are not cheap, and wrongful death attorneys know that defendants may not have the money to hire them.
However, the Mininno Law Offices will work on a “contingency fee basis,” which allows you to get the best legal representation available without having to pay up front. In other words, contingency is service now, pay later.

Another benefit of working on a contingency basis is that you do not pay legal fees unless and until you win. As a fee, the lawyer receives a percentage of your recovery as compensation. Most lawyers receive for 33 to 40 percent of your compensation.
In the event that you do not win the case, if you’re working with a wrongful death attorney on contingency, you do not have to pay any fee. In other words, we work for free unless or until we are successful.

How long will my wrongful death case take and what else can I expect?

A wrongful death lawsuit is a battle. You can expect a long, tiring process. You must be prepared to answer written questions, some of them personal in nature, and be prepared to answer questions about your case at an attorney’s office.
But don’t worry. We will be with you the entire time to protect your rights. You may find yourself spending a large amount of time each day helping your attorney with the case. It’s a team effort.

These cases are usually not quick and simple. Sometimes they are resolved quickly, but it may take months or even years for a case to be resolved. However, if we do win the case, you are entitled to compensation.

The exact amount of money you can recover can’t be determined without analyzing all information related to your injury including your medical bills, loss of income, and the severity of your injury. Each case involves a different set of circumstances, and therefore different amounts of money.
The victim of medical malpractice and his or her family may recover monetary damages for:

Medical expenses
Pain and suffering
Costs of specialized care — including medical equipment, caregivers and aides, physical and emotional therapy and education
Family’s out-of-pocket expenses for caring for the victim

If a loved one has suffered a wrongful death, an attorney specializing in wrongful death cases can help you recover the expenses you incur as well as compensation for pain and suffering by presenting a strong case.
As far as receiving compensation, that depends on a number of factors such as how serious the offense is and whether the case is settled or goes to trial.

Do you have any other questions? Get free help now

Wrongful death attorneys who are trained and experienced can give you the help you need when you need it. When you unexpectedly lose a loved one, you enter a difficult and trying time.
At Mininno Law Office, we make a special effort to handle these cases delicately and discreetly. We want to help you and your family through the tumultuous period that follows a loved one’s untimely death.

We have tried to answer some of the basic questions most people have when they consider whether they need a wrongful death attorney. But, we are available to answer any other questions you may have.
Contact the Mininno Law Office by sending a question on the form to the left and we will give you an answer.

Or, if you would like to speak immediately with a New Jersey wrongful death attorney, you can call (856) 833-0600. If you would like to speak to a Pennsylvania lawyer, you may call (215) 567-2380.

(c) Copyright 2011 Mininno Law Office