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Time Is Of The Essence In A Wrongful Death Lawsuit
http://www.lawsays.net/articles/3383/1/Time-Is-Of-The-Essence-In-A-Wrongful-Death-Lawsuit/Page1.html
Nick Messe
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By Nick Messe
Published on 08/18/2009
 
Wrongful death claims are by far some of the most lucrative lawsuits on the planet these days. Whether it is a medical or health related issue, a transportation accident, a defective consumer product, or a homicide, the damages awarded can be astronomical.

Wrongful death claims are by far some of the most lucrative lawsuits on the planet these days. Whether it is a medical or health related issue, a transportation accident, a defective consumer product, or a homicide, the damages awarded can be astronomical.

The underlying premise of these cases is that a person has passed away due to another person's misconduct or negligence and that compensation is being sought for that death.

The survivors want compensation for the loss of their loved one, the cost of a funeral, and lost wages. A suit can proceed whether or not the deceased was working at the time or not.

A person, a corporation or a company can be named in the suit. The length and breadth encompassing these claims can boggle one's mind. A victim's family can bring a suit against the other driver in an automobile accident, or perhaps the car manufacturer itself.

A patient's family can employ a personal injury lawyer and go after the attending doctor or the medical facility where treatment was received, if they believe the death was preventable. Or a parent can sue the manufacturer of a faulty crib, stroller, or even a toy. It is especially sad when the deceased is a little child or a tiny new-born baby.

One the biggest types of wrongful death cases has to do with prescription drugs, or health products that you can get off the self. Drug manufacturers are subject to strict regulations by FDA regulators, but once in a while, someone dies while on a course of treatment.

Grieving relatives may want to bring a suit against the drug conglomerate in order to prove that the death was due to the prescribed drug. If the personal injury attorneys do an evaluation and decide to proceed, they usually call in the expertise of toxicology experts.

If it is proved that the drug caused the victim's demise, and a large sum of money is awarded to the victim's family, this usually starts the ball rolling on a class action suit. Then things really get interesting.

In rare cases a drug may be deemed responsible for many deaths. Take the case of Thalidomide, a drug patented in 1954 for use against insomnia, coughs, colds, headaches and morning sickness. The result was ten to twenty thousand babies being born with severe birth defects.

Thalidomide was withdrawn from the market after the tragedy was revealed, resulting in the tightening up of rules and regulations required before a drug is licensed.

In a surprising twist, thalidomide was combined with dexamethasone, in a new drug called Thalomid. It was approved by the FDA in 2006 and now has sales over three hundred million dollars a year, but it is only to be used for leprosy patients.

Don't delay if you are considering a wrongful death claim. There is a statute of limitations that is different depending where you are in the world. Contact a personal injury attorney specialist who can answer all your questions.