Wrongful death lawsuits and the challenges facing families

When a family loses a loved one unexpectedly, there will be many issues that will need to be resolved as the loss is mourned. It can take time for families to handle all of the emotions that often arise during this difficult time. While no person can ever be replaced, if another person's negligence caused this death, families may be able to recover compensation for their loss.

These wrongful death lawsuits may present unique challenges to families as they pursue damages from those responsible. In some situations, finding the parties who actually caused the accident that led to the death can take some time. This means that the families may need to perform extensive investigations to learn more about the cause of death, which can be costly and frustrating if individuals are withholding information.

Another challenge that families may encounter as they proceed with these lawsuits is determining the amount of compensation that they are entitled to receive. It will be necessary to estimate their loved one's future lost wages, as well as the potential loss of consortium to the family. This can be difficult to show, and will require the testimony of experts to establish the amount of compensation that should be awarded. The courts may depart from these amounts, so it is important that families present the strongest case possible when pursuing these damages.

Timing is also an issue that families face in these lawsuits. If the suit is not brought in time, the family may be unable to file. Each jurisdiction will have its own statutes of limitation, which place a specific time period on when families will be allowed to pursue damages against those who caused these deaths. If the family waits too long to bring these wrongful death suits, the statute will automatically bar the lawsuit from proceeding.

Because of these concerns, it is essential that families speak to someone who can guide them through the process. If your family has recently experienced the death of a loved one due to another's negligence, contact a wrongful death attorney to discuss your options. Each of these cases will require a careful review of the situation to learn more about the death and the compensation that may be available.

You may be struggling financially and emotionally at this time, but it is important to remember that you should not simply just settle your case if you receive an offer from the other side's insurance company. This offer may not come close to the damages that you are entitled to, and, if you accept, you could restrict future recovery later.

An attorney can protect your interests and ensure that you understand the true value of your claim. Once you are aware of the compensation you deserve, you can make a decision that is in your family's best interests.

Article provided by Riddle & Brantley, LLP
Visit us at www.justicecounts.com

Contact Information: FL Web Advantage


More information you can also find on website: Lexington Law

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Wrongful death lawsuits and the challenges facing families

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Same-sex couples face special challenges when divorcing in Massachusetts

In 2004, Massachusetts became the first state to open civil marriage to same-sex couples. It's been nearly a decade since the first same-sex marriage was performed in The Bay State, and in that time thousands of same-sex couples have tied the knot.

Of course, a lot can happen in the span of nine years. For one thing, although the federal government has not yet recognized same-sex marriage, multiple states have joined Massachusetts in legalizing same-sex marriage (and several others have embraced half measures, like permitting civil unions, recognizing same-sex marriages on a conditional basis or recognizing same-sex marriages performed in other states). On a more personal level, a number of the same-sex couples who were on the ground floor of the marriage boom have found themselves growing apart.

Geography, property division issues and parents' rights frequently come up

Divorce can be a challenge for any couple. Yet, for same-sex couples, untangling a marital union presents a number of unique difficulties.

Jurisdictional issues can create problems when same-sex couples decide to split. A same-sex couple who got married in Massachusetts, lived in Massachusetts the entirety of their marriage and now seeks to get divorced in Massachusetts may be able to avoid this problem. But what about same-sex couples who were married under the laws of another state? Or who married in Massachusetts and now live in a state that does not recognize their marriage? In some cases, same-sex couples living in another state may have to return to Massachusetts to get divorced in a court of law.

The fact that the federal government does not recognize same-sex marriage creates legal issues even for same-sex couples who have never left Massachusetts. For example, extensive legal workarounds are required to provide for equitable distribution of federal benefits like pensions and Social Security. Property division in same-sex divorces can also involve tax considerations that are not present when opposite-sex couples divorce.

When it comes to child custody and visitation, married parents have certain inherent rights. Yet, when a child is the biological offspring of one same-sex partner, the other may not be recognized as a parent in terms of any federal questions unless he or she has officially adopted the child.

Of course, same-sex couples also have to face all the other issues that affect anyone going through a divorce. A same-sex marriage is no exception to the usual complexities of ending a marriage.

With laws changing constantly, it is important to get an attorney experienced in same-sex divorce

Because same-sex marriage is currently such a hot button legal issue, the laws affecting it can change rapidly. For instance, the U.S. Supreme Court heard a case in late March about the constitutionality of the federal Defense of Marriage Act, a portion of which says marriage may only be a relationship between a man and a woman for purposes of federal law. If the Court strikes down this provision of the Defense of Marriage Act, it would have big implications for same-sex divorce. A decision is expected sometime this summer.

If it's time to split up with your same-sex partner, there are a number of challenges you will have to overcome. But, with the right legal help, you can get through divorce and stay abreast of any new legal developments. Talk to a Massachusetts family law attorney with experience in same-sex divorce to explore your legal options.

Article provided by Cunha & Holcomb, P.C.
Visit us at www.cunhaholcomb.com

Contact Information: FL Web Advantage


More information you can also find on website: Lexington Law

Source:
Same-sex couples face special challenges when divorcing in Massachusetts

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