WRONGFUL DEATH

Death Cases

If someone’s wrongful act causes the death of your loved one, the surviving members of the family may sue the perpetrator for damages. There is wide latitude in who may sue, which includes the surviving spouse or domestic partner, children or even grandchildren in certain circumstances.

 

There is no limit to how much a jury can award the survivors for a wrongful death claim. Certain factors such as the victim’s age or number & age of children may affect a claim’s value. Also, the courts will consider whether the deceased had any percentage of the fault of the accident or not.

What damages am I entitled to for the wrongful death of a loved one?

 

  • Pain & Suffering
  • Burial Expenses
  • Deceased potential income
  • Loss of companionship and support

 

When must I bring a wrongful death claim by?

 

  • 2 years from the date of death

 

Winning a wrongful death lawsuit requires that the survivors prove negligence or intentional harm. Our skilled lawyers will guide you on what is needed to win your case!

CERTAIN TYPES OF DEBTS CANNOT BE DISCHARGED IN BANKRUPTCY, AND THOSE GENERALLY INCLUDE DEBTS SUCH AS:

Back Taxes

Child Support

Student Loans

OTHER TYPES OF DEBT DO QUALITY FOR DISCHARGE UNDER A CHAPTER 13, SUCH AS:

Personal Debt

Medical Bills

Credit Cards

UNDER THIS CHAPTER, YOU ARE ALLOWED TO KEEP YOUR ASSETS WHILE YOU PAY BACK YOUR CREDITORS UNDER THE TERMS OF THE APPROVED PLAN.

 

THIS IS AN ATTRACTIVE FEATURE OF THE CHAPTER 13 THAT ALLOWS YOU TO KEEP YOUR:

House

Car

Other Assets

The difficulty with a 3-5 year plan is that a number of unforeseen events can arise during that time period, which can make the repayment difficult, or even impossible. To make matters more complicated, Chapter 13 plans must be approved by the Bankruptcy court, and the success rate of doing it without an attorney is only about 2%.

 

If filing a Chapter 13 Bankruptcy is right for you, you should definitely use an attorney. Having an attorney does not guarantee a successful outcome, but it greatly improves your odds.

 

To be sure, there are downsides for filing a Chapter 13, including longer proceeding times, and higher fees. Also, when you file for bankruptcy, your credit score will be effected because the Bankruptcy filing will remain on your credit history for 7 years (less than a Chapter 7 which lasts for 10).  

 

You may experience difficulty obtaining newly issued credit during this time. Also, if your Chapter 13 is not approved by the Court, the interest during that time will accrue, and your bankruptcy protection will be lifted. Lastly, you cannot file for a Chapter 7 if you have gone through a Chapter 13 in the last 6 years. 

 

Therefore, it is very important that you consult us about whether Chapter 13 Bankruptcy is the right step for you.