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Bristol-Myers Avoids Wrongful Death Lawsuit

March 4, 2013 Scura Law Firm Product Liability, News

man with hand motion saying stopNew Jersey residents who have lost a loved one understand how emotionally devastating and difficult the loss can be. When the loss is a result of negligence or poor decisions of another person that could have been prevented, there can be many unanswered questions.

Recently, a class action for a wrongful death was dismissed by a federal judge after the suit failed to meet the statute of limitations. The wrongful death lawsuit was brought against Bristol-Myers Squibb by the families of 24 New Jersey residents who allegedly died as a result of toxic exposure to substances near the New Brunswick plant. The judge dismissed the claims stating that the plaintiffs had missed their deadline to file the claim. The suit was a result of the 24 deaths and over one hundred complaints filed against the pharmaceutical giant. While the dismissal of the case was a substantial victory for the company, the plaintiffs may still be able to have their claim heard in order to avoid injustice, but will have to amend their claims in order to begin the process again.

While it may seem ghoulish to file a wrongful death lawsuit after the loss of a loved one, it may become necessary for many families when medical and funeral expenses begin to add up. Sometimes a financial burden can become so great, a wrongful lawsuit is the only option in order to help alleviate the financial problems.

A wrongful death occurs when an individual is killed because of the misconduct or negligence of another company, entity or person. A case may be brought by the immediate family of a victim. Depending on the outcome of a wrongful death suit, a court may award a family an award which may include but is not limited to loss of support, services, funeral expenses, medical expenses, and loss prospect of inheritance.

If you have lost a loved one because of another person or company's negligence, you may be entitled to file a wrongful death suit. As demonstrated by the instant case, it is important to timely file a suit in order to avoid dismissal. An attorney can evaluate your case and lay out the legal options available to you and your family. While a monetary award will never make up for the loss of a loved one, it may financially help alleviate the financial burden.

Source: Courthouse News Service, "Bristol-Myers Fends Off Suit Over Toxic Deaths," Feb. 25, 2013

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