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Is there a state where an attorney will take on a wrongful death claim regardless of a persons age ?

Milwaukee, WI |
Attorney answers 6


You would need to have an attorney in the state where the claim occurred.


If you have a problem finding an attorney to take the case on, best bet is to offer an up-front retainer, so the attorney isn't out of pocket investigating this.


If the case is strong an attorney will take it regardless of your age. Best of luck.

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States have different laws. In some states, the survivors can recover for their grief. In such a state, a wrongful death case is likely to result in a larger recovery for an older person. In other states, all that can be recovered is economic loss. Older people are less likely to have dependents, so the economic loss might be small. In most states an action for pain and sufffering survices the deceased person, and can have a significant value. In other states at least in the past, a claim for pain and suffering does not survive. Because all of these factors and more must be considered, you need to consult with lawyers in the state where the decedent resided, and secondarily, where death occurred, for advice whether to pursue an action.

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It is not necessarily the "State" and wrongful death issue, but one dependent on the facts of the case. Each case lives or dies on its merits, based on the facts. I have been successful on 90 year old death cases with a good set of facts. Another issue is how egregious the negligence is, and how a jury will perceive the case. Doing plaintiff's work, you want to take a case you know the jury will be upset about, and feel sympathy for your client. I hope that gives you a different perspective.


All cases must be evaluated on their own merits. In no state will a lawyer take on every case that walks in the door. And in no state will a lawyer reject every case solely looking at age. Although age can be a factor.

All information provided here is for educational use only and does not constitute legal advice nor establish any attorney-client relationship. Paul H. Cannon is licensed to practice law in the State of Texas. Laws vary from State-to-State. For legal advice and opinions, please retain the services of a lawyer licensed to practice in the appropriate state or jurisdiction.

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