James B. Fleckenstein, Esq.

Punitive damages are only awarded in cases in which a jury finds that reckless, even deliberate, conduct has occurred on the part of the defendant. Compensatory damages involve damages that are both financial and non-financial, such as medical bills and emotional damage.

People often ask if they even need an attorney if they’ve been injured in any way. In order to adequately protect your interests, yes, in many cases it will be in your best interests to hire one.

How do you prove to a jury what damages you are entitled to in a wrongful death action? Often, this involves the testimony of economists and other experts. An attorney who specializes in wrongful death claims has connections to experts who have been persuasive in other cases and can testify on your behalf.

What should I expect with my medical malpractice case? Statistics indicate that your case is unlikely to reach a courtroom. However, that’s good news, because studies show that 60 percent of out-of-court cases are won by plaintiffs compared to just 20 percent of court cases.

The parties eligible for filing a wrongful death suit vary from state to state. However, children are entitled to file suit for their parents and vice versa, throughout the U.S. Some states allow a widow or widower to bring legal action even in the event of a separation, barring a few requirements.

According to industry statistics, the six states with the most malpractice judgments combined for more than half of all malpractice payouts in 2011. Those states are New York, Pennsylvania, Illinois, New Jersey, Florida, and California

Is there a chance I could receive millions of dollars in my medical malpractice case? Your malpractice attorney can explain why large verdicts are increasingly unlikely. Some states have put caps on damages available in malpractice cases that might limit your settlement no matter how convincing the evidence.

If the wrongful death is the result of an alleged murder, the survivors of the victim do not have to rely on a guilty verdict in the murder in order to bring a wrongful death lawsuit. An experienced attorney can evaluate your situation and advise you of your options.

In slip-and-fall cases, the owner of an establishment can claim they were not negligent by proving they exercised due diligence to provide a safe environment, or they may claim that the injured party was negligent and caused the accident themselves.

If an unborn fetus dies, the laws governing bringing a wrongful death lawsuit are very restrictive and certain conditions must be present. An attorney specializing in this type of wrongful death litigation can evaluate your situation and advise you on the best course of action.

One of the injuries affecting a person’s neck and back (spine) after an automobile accidents is whiplash. While this may heal within a few days, sometimes the symptoms may not manifest themselves for several weeks and require extensive medical assistance and care.

When you are injured, it is best to involve an attorney from the start. That gives you the best possible opportunity to gather the facts while they are still fresh, which makes your case that much more successful in the long run.

Why would a family member consider a wrongful death action if a criminal case was not successful? The burden of proof is different in civil actions like wrongful death cases, requiring a preponderance of the evidence, compared to the more difficult requirement of guilt beyond a reasonable doubt in a criminal case.