Injury cases can also involve something known as wrongful death. These types of cases can impact the family of the victim in a very dramatic way, sometimes for a lifetime.Wrongful death can be basically described as the negligent or willful taking of a life that was the result of actions of others. For example, a person or persons can be sued for wrongful death because they shot someone all due to a case of mistaken identity.

Another example would medical malpractice. A doctor or other hospital personnel could be held liable because a mistake that occurred during a procedure whether it be the birth of a child or a more routine surgery.

Medical error is a very common type of wrongful death lawsuit. In these cases, a medical professional, whether a doctor or nurse had to have acted in a negligent manner while providing care for a patient who died while under their watch. An example of a medical malpractice case might be if the doctor prescribed the wrong type of medication or the wrong dosage amount. If this was the case, it is advised that legal representation be obtained.

Another example of a wrongful death case would be a car accident. Many times victims are killed as a result of another’s misdeed, whether the person was driving recklessly or was charged with drunk driving. The death may have been unintentional, but under the law, the person responsible must give the victim’s surviving family members what is rightfully theirs.

In other words, the family can sue to get the proper monetary damages they are entitled to whether it be money to cover hospital and funeral costs or lost income, lost benefits or pain and suffering.

Types of Wrongful Death Cases

• Car accidents
• Truck accidents
• Motorcycle accidents
• Medical Malpractice
• Defective products
• Bicycle or Pedestrian accidents
• Workplace accidents
• Medication errors

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The cost of a funeral alone can be more than most have saved in the bank. Not to mention any medical costs before the loved one was lost. Lost of income of the deceased can severely impact on a family, and add to that any loss of wages from other income earners in the home while they are grieving or making funeral arrangements. As well as the financial impact, you are at the same time still dealing with the distress and emotion of losing this person from you life.All of these costs mentioned above could possibly be compensated for. Fatal accident claims are designed to provide financial assistance to those who have lost an immediate family member following a fatal accident which was caused by the negligence or wrong doing of another person or persons. The claim is against those responsible and while it can not bring back the deceased, it may allow, or perhaps in some cases force, them to financially help their immediate family.

While it may be possible to deal with such a claim yourself, it is without question recommended that you seek the advice of a fatal accident attorney. This will allow you the necessary time to grieve and make arrangements while they handle the details of the claim. Often reliving details of the claim can be difficult so soon after the accident. Having someone impartial to do that for you, who also has the legal knowledge and skill is incredibly valuable.

If you find yourself in this unimaginable situation then at least consult with an attorney as soon as possible. Even a brief consultation to get them started on the case will see a better chance of a successful settlement for you. Often these attorneys work on a ‘no-win, no-fee’ basis so you have little to loose, and possibly a lot to gain.

Source: Law And The Lawyer

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If one of your immediate family or loved ones was suddenly killed in an accident involving a careless motorist, medical malpractice, or other accidental causes, then you may have the beginnings of a wrongful death case. These lawsuits are intended to cover the costs, of putting the victim to rest as well as attempt to make up for any mental ,emotional, and punitive damage.

If you believe that you have a wrongful death claim, you should start to consult a Boston personal injury lawyer. He will analyze your case and be able to determine how likely your claim is to hold up in court. If you are not sure that your claim is valid, give the lawyer a call. He may be willing to do a quick look over your case for free. Not all lawyers will do this, but it is not too hard to find one that will.

Statute of Limitations

One thing to remember when considering filing a wrongful death claim is the statute of limitations. You only have a certain amount of time after your loved one dies to being filing a claim for the lawsuit. Usually this time span is between one and three years, however any Boston personal injury attorney will be able to give you an exact time frame. If your loved one passed away years ago and the statute of limitations has expired, then you are no longer able to file a lawsuit.

The trauma that results from the sudden passing of a loved one is difficult to measure in monetary terms. However by filing for a wrongful death case, you can help to offset the cost of funeral expense and time taken off in order to grieve. There is no way to bring your loved ones back. Nobody would even pretend that that is possible. Wrongful death cases are simply a way to help ease the  financial tension of those who are left to grieve.

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Often self doubt or self worth comes into play and you may question your worthiness to file a claim.  You may even feel that the mere thought of filing a claim means you’re taking advantageous of someone else.  First, put your mind at ease, there are many qualified attorney’s out there that can help assist you as to whether you have a legitimate accident claim.In the case of most accidents, where a claim is considered there’s a certain level of belief on your part that the other party was somehow negligent.  It could be an individual, business or a large organization that has product flaws.  In almost every case insurance is in place to cover the potential accident claim.  Although the holder of the insurance never hopes they have to use it, that’s the reason why the insurance exists.  So don’t think of it as you personally suing the individual or company, because your claim will most likely be paid by the insurance carrier.

True, rates may go up but that’s the potential we all face when carrying insurance.

If you feel that your livelihood has been effected either long or short term you may want to consider seeking legal representation and pursing a claim.  Remember, just because you have the discussion with an attorney that doesn’t mean you have to file a claim.  You and your attorney can discuss your options and see what option best meets your needs.

Just remember, filing an accident claim is a right.  Don’t feel guilty or bad doing something that will help you and meet the needs of your family.

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If you even suspect that medical negligence has occurred, it’s still mandatory that you consult with a qualified negligence attorney having the experience and expertise to assess your case.

The longer you wait, the more difficult it will become to ensure that justice is served.

What Is Medical Malpractice?

Medical malpractice is defined by medical negligence on the part of any health care provider who does not provide a quality of service consistent with their level of experience and training. The negligence then results in harm or injury to the recipient of the services. Any health care worker can be guilty of negligence.

Physicians, nurses, hospital workers, health care technicians, pharmacists, dentists, hospitals, aides, and nursing home staff include just a few of the professionals whose negligence can harm a patient. Negligence can include failing to provide proper care, providing inappropriate care, or giving care that’s harmful.

If negligence occurred, you are entitled to representation and damages sufficient to cover the costs you incur as a result of your injury.

How Do I Know If I Have A Medical Malpractice Case?

Medical malpractice cases run the gamut from simple issues, easily resolved, to lengthy lawsuits that take years to settle. Because medical malpractice law is complex and varies from state to state, only qualified medical malpractice attorneys are in a position to properly evaluate and come to a decision about your case.

You may want to consult with a number of medical malpractice lawyers to get a second opinion about whether your case is likely to win. Consultation is free and, if a lawyer believes your case has merit, your legal fees will be a percentage of the total damages awarded to you by the court.

You’ll only have to pay medical malpractice lawyers if and when you win the case.

What Services Do Medical Malpractice Lawyers Provide?

Medical malpractice attorneys represent you and your interests in medical malpractice disputes. They prepare documents, perform filings, interview key witnesses, make court appearances, and investigate the circumstances of negligence. Malpractice lawyers go to bat for you in malpractice disputes, bringing experience and clout to the negotiations.

You can’t take on a hospital’s legal staff or a doctor’s insurance lawyers by yourself.

Medical malpractice lawyers are skilled in negotiations and in a position to obtain fair compensation for your injury and all other losses you’ve sustained as a result of the negligence.

Medical Malpractice Attorneys Can Help

You have nothing to lose and everything to gain by consulting a number of medical malpractice attorneys to determine the viability of your case. If your case is likely to win, an experienced medical malpractice lawyer will represent you and fight for your rights.

You’ll be in a position to move forward in confidence and obtain justice and compensation proportionate to what you deserve. If, on the other hand, your case is not likely to win, it will cost you nothing to consult with an attorney, and you will learn exactly where you stand with respect to your case.

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However, rest assured that the defendant corporation and/or its insurance company will move quickly to hire, investigators, wrongful death lawyers and insurance adjusters to protect their interest.  Unfortunately, many grieving spouses and family members “go to battle” without a professional wrongful death attorney of their own.

Wrongful Death Actions Arise From A Variety Of Accidents

While a wrongful death action can arise from a variety of causes, the most common causes of a wrongful death include:

1. Automobile accidents
2. Medical malpractice
3. Defective products and drugs
4. Construction and workplace accidents
5. Maritime and longshore/harborworker accidents

In each of these cases if it can be a shown by the applicable standard of evidence (see below) that a defendant acted with negligence, recklessness, a complete disregard for the victim’s safety, or with intent to harm or kill the victim, the death is deemed to be an actionable wrongful death. Let’s take a look , in more detail, at the most common kinds of wrongful death accidents

Motor Vehicle Accidents. Motorists have an obligation to exercise caution while operating motor vehicles and drive safely according to the conditions while being mindful of other motorist, adverse weather conditions and pedestrians. 

Medical Malpractice. If a medical practitioner fails to perform his or her duties to the accepted standard of care, thereby causing death to a patient; then, the doctor or medical practitioner can be held accountable.

Defective Products Or Drugs (“Product Liability”). Manufacturers, distributors, and designers must ensure that their products are safe for the public. If a product is defective in terms of its design, manufacturing, or customers are not made aware of a potentially harmful risk; then they can be held liable if a person is killed as a result, even if the parties were not negligent.

Construction Or Workplace Accidents. Employers have a legal obligation to meet OSHA standards, as well as additional safety standards under state law and generally provide a safe work environment for their employees.  If an employee is killed on a work site as a result of an employer or contractor’s  negligent actions or disregard for employee safety, the surviving spouse and/or family members can bring a wrongful death lawsuit against the responsible parties.

Maritime And Longshore/Harborworker Accidents. Persons employed as sailors aboard ships, as well as those who load and unload cargo carried on ships, have enjoyed special protection under two federal laws:  The Jones Act (sailors and seamen) and the Longshore and Harborworkers Act.  Where seamen or stevedores are killed while on the job, the family has the ability to bring a wrongful death action under these statutes.

As you can see, there are a number of way that a victim can lose his life while driving, being treated for medical conditions, or on the job.  Each of these areas of law require the expertise of a wrongful death attorney.  You can bet the defendant will employ some of the best investigatory and legal talent that it can afford.  Let’s take a look at why you need to hire a professional wrongful death attorney of your own.

As you are beginning to see, a wrongful death action is much more complicated than a “fender bender” automobile action of a “dog bite” case involving neighbors.

When someone dies, the stakes are high and the liability exposure of the defendants can be in the millions or billions of dollars.

In simple terms, negotiating, litigating or settling a wrongful death action is not a “do it yourself project.”

Let’s see why.

Fight Unfair Insurance Company Tactics

Make no mistake, in a wrongful death action, that insurance adjuster or lawyer with a “toothy grin” and “aw shucks” attitude is not there to help you.  He is there to make sure that:

1. He locks in your statement early before additional damages have a chance to manifest themselves and you change your story later to reflect these new facts.
2. He settles your claim early and quickly while you are emotionally vulnerable and uncertain about your future; and, before you have a chance to retain wrongful death legal counsel.
3. If he cannot settle your claim early, then he will drag it out as long as he can in the hopes that you will miss the statute of limitations, waive some other important legal right or just get tired and take the offer.

I have practiced both insurance defense and plaintiff’s personal injury law.  In every case, this was the standard defense playbook.

No exceptions.  Period.

Families who choose not to hire a personal injury attorney had no chance of being treated fairly by the defendants and their insurance companies.  The settlements we obtained were far in excess of what was offered to these victims before retaining our wrongful death law firm.

Determine Who Can File A Wrongful Death Action

To the layperson, the surviving spouse and her children seem to be the logical persons to file the wrongful death cause of action.  In fact, in most states this is not the case.  In fact, the unrepresented person would be surprised to know who can file a wrongful death claim in many states.  Potential plaintiffs range from step children, dependant adult children and non-children, employers (if not involved in the death), former spouses, adult siblings, parents of adult children, and, in some cases, grandparents as well.

The family that fails to seek competent wrongful death legal counsel has no way of determining whether or not everyone with a right to recover has been joined as a party.  The net effect is that the defendants will avoid paying all of those affected or worse; additional parties could intervene at the last minute, thereby substantially decreasing each party’s portion of the recovered money.

Recover All Types Of Types Of Damages

Here is an overview of the most common types of damages:

Compensatory Damages. These are intended to repay a victim’s family for the costs of medical care, funeral and burial and other expenses they had to incur as the direct result of the wrongful death. They may also be awarded to replace lost income the victim (and his dependents) would have enjoyed if they had lived. Depending on the age of the victim and his or her income level, the income can be projected out for decades.  On the other hand, families have also been awarded damages for an individual’s housekeeping and for child-care services and loss of companionship.

Punitive Or Exemplary Damages. A victim may recover punitive damages to punish the defendant where it is determined that its acts were intentional reckless or even grossly negligent.  They are awarded in addition to compensatory damages.  Even though juries can award whatever amount of punitive damages they feel are appropriate, judges have the power to review and reduce (or increase) the jury award (called “remittitur”) or set it aside altogether.  In some states, exemplary damages have been limited by statute.

Purchase Structured Settlements. A wrongful death attorney can advise you when to purchase structured settlement payments to provide for the long term financial support of minor children, widows, incompetent persons or those with long term special medical needs.

Gather Hidden Evidence In A Wrongful Death Claim

A party who files a wrongful death lawsuit seeking financial damages from the responsible party must gather evidence from a variety of sources to prove their case and win in court.  Successful parties must prove, usually by a “preponderance of the evidence,” that the responsible party had a duty to act in a certain way, failed to act according to that duty, and in doing so, injured another party, causing damages.

Preponderance of the Evidence. In wrongful death lawsuits and most civil cases, the plaintiff must prove that the defendant is responsible for the plaintiff’s injury by a “preponderance of the evidence,” which means that it is “more likely than not” that the defendant’s actions were responsible for the victim’s injuries. It has been described as a 51% proof of liability standard.   This is a much lower burden than in a criminal case where the burden is “beyond a reasonable doubt.”

Evidence In A Wrongful Death Claim. In most wrongful death cases, evidence comes from witnesses, documentary evidence (police reports, medical records, etc.) and expert testimony.  In some cases it comes from unlikely sources, such as internal company correspondence and memorandums, employee notes, emails, texts, phone calls, surveillance video, neighbors, and other hard to find sources.  Experienced wrongful death attorneys have the expertise and resources to thoroughly investigate all of these leads and more.

Avoid Missing The Statute Of Limitations

Even though statutes of limitation vary from state to state, the general rule is that the statute of limitation runs two years from the date of death, or in some cases, the date of the injury or accident (if the victim does not die immediately).  In other states, the statute of limitation is as short as one year.

Unfortunately, once an unscrupulous defense attorney or insurance adjuster determines that you are not going to settle the wrongful death claim quickly for pennies on the dollar, their focus shifts to dragging the investigation out for as long as possible.  This is an effort to (1) cause you to miss the statute of limitations; and, (2) wear you down so that you will take the meager settlement and walk away.

In either case, finding and hiring experienced wrongful death lawyers will avoid this potentially devastating but simple mistake.

Conclusion:  Your Wrongful Death Action Is Much To Important To Handle Yourself

Lawyers have a saying amongst themselves in the legal industry.

A lawyer who represents himself has a fool for a client.

Now, if lawyers know not to represent themselves, how much more important is it that laypersons take that advice as well.

If you suspect that you have a valid wrongful death claim, it is important that you speak to a qualified wrongful death attorney for a case review.

Between unscrupulous insurance adjuster tactics, loss or destruction of critical evidence and statute of limitations that vary by state, you simply cannot take a chance of mishandling a serious legal claim on this magnitude.

Indeed, waiting too long to consult with an attorney can prevent you from ever getting into to court to fight for financial compensation for your family’s medical bills, pain and suffering, loss of companionship and other damages.

Contact an experienced wrongful death attorney today to discuss your legal rights.

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