Wrongful Death Lawyer – Coping With Your Loss

A loss can be very painful, especially if the loss of a loved one could have been avoided if utmost care is observed. If a passing of a loved one is because of someone else’s fault or wrongdoing, then you can file a lawsuit with the help of a wrongful death lawyer. To give you further insights about lawsuit, keep on reading below.

To file a lawsuit, you should prove to the court that the passing of a person is because of someone’s misconduct and negligence. The beneficiary or dependents of the victim should receive monetary damages. There are various factors considered by court in determining the extent of compensation one may receive and these are the following:

  • How much money the deceased is earning
  • Savings of the victim
  • Loss of companionship
  • How financially dependent the survivors were on the victimwrongful death case
  • Medical-related cost
  • Funeral cost
  • Suffering and mental anguish
  • Punitive damages (if applicable)

Money isn’t enough to bring back the life of the victim, but it can somehow help the immediate family to compensate for the loss of a loved one. Through the compensation, the family can be somehow financially secure. The welfare and future of the family will be protected even if the victim is no longer alive.

You have to keep in mind that the law regarding wrongful death is quite complicated and it varies from one place to another. Initially, you might not consider filing a lawsuit, especially if you are still in the grieving period. However, you have to be aware of your rights and that you should exercise your rights in any way. So, you will need a highly competent lawyer to help you with your case and to somewhat speed up the grieving process. If you are suspecting a wrongful death, you should contact the lawyer right away because there is a time period for filing a lawsuit. If you fail to do so, then you are literally losing your chance to fight for your right to financial compensation. To guide you through the process, you will need the service of the best lawyer in the industry.

What are the bases of the court when determining the future earning of the deceased?

To find out the potential future earning of the victim, a life expectancy table is used. So, how to calculate for potential earning? Well, the earning of the victim at the time of passing will be multiplied by the remaining years of earning (expected) up until the victim’s retirement. On top of that, the retirement benefits will also be calculated as per the life expectancy table. After which, the total figures will be reduced to the amount of money conservatively invested by the deceased.

How will you be able to determine it?

As mentioned above, a wrongful death lawsuit can be filed if the passing of a person is because of someone’s inaction or negligence. Some of the common cases are the following:

  • Vehicular accident – The driver is at fault for the passing of the victim such as the driver operating the vehicle without corrective lenses, driving while doing other things at the same time such as texting, driving while intoxicated, and the likes.
  • Medical malpractice or medical negligence – this is also one of the common causes. For example, an employee in the emergency room (ER) lets you wait for a long period of time without being seen by a surgeon. The case can also be filed if the surgeon performs the wrong procedure, which caused the passing of the patient. A lawsuit can also be filed if the doctor failed to diagnose the disease condition of the patient or the physician failed to deliver the best possible care as per the professional requirements in the field of medicine.
  • Nursing home related abuse- if the family of the elderly proves to the court that the employee of the nursing home neglect the elderly, which caused the passing of the victim.

How to prove if there really is medical negligence?

With the help of a  solicitor, the case will be further investigated in order to determine the circumstances surrounding the passing of a loved one. The lawyer will coordinate with the medical practitioners to really establish whether there is really a medical negligence that resulted to the passing of the victim. So, the doctors will be interviewed, the medical record will be checked, and find people who can be used as potential witnesses.

Do not worry if you don’t have money to pay for initial consultation because most lawyers today offer free initial case evaluation. That way, you will have fair chance of seeking justice to the passing of your beloved.wrongful death lawyer

What elements should be presented in a case?

There are key elements that should be presented when filing a  lawsuit and these are the following:

  • There really is a strong evidence that the passing is because of someone’s wrongdoing or negligence
  • You should present proof proving that the passing is because of the defendant’s action
  • You need to present to the court that the passing of the victim has affected every aspect of your life (a passing of a parent/s and the direct effect to the children)
  • Financial hardships that can be experienced by the survivors because of the passing of a loved one

The law surrounding lawsuits varies. Some places have very strict rules while others don’t. The eligibility and statute of limitations differ a lot. Hence, it is a must to contact a solicitor so that you will get all the necessary help. Dealing with the lawsuit on your own is more like going to a battle unprepared. To give you an edge, you should contact the best wrongful death lawyer in your place.

 

 

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The Role Of Medical Malpractice Lawyer

A medical malpractice lawyer is the best person to help you whenever you are suspecting such a case. What are the grounds for suchcases? Well, this type of case arise if a patient is harmed by a doctor, nurse, or the like; meaning the staff failed to provide the patient proper health care treatments.

What you should keep in mind?

You cannot file a lawsuit just because you are unhappy with the kind of treatments you receive from the staff. For the lawsuit to push through, you should prove that there is really a negligent or malpractice, which caused you to sustaining injuries.

Common Scenarios

Childbirth injuries

  1. Seizure disorder
  2. Cerebral palsy
  3. Bone fracture
  4. Erb’s and Klumpke’s palsy, which is characterized by nerve damage that affects the movement of the hands and arms

healthcare medical malpracticeThere are various reasons for childbirth injuries such as:

  • Poor prenatal care- If during the course of pregnancy, there is an obvious medical negligence such as wrong treatment that compromised the health of the mother, the fetus, or both. In this case, the doctor failed to diagnose the actual condition of the mother such as anemia, hypoglycemia, gestational diabetes, preeclampsia, RH incompatibility, and the likes.
  • Inability to identify birth defects.
  • If the pregnancy is ectopic in nature, but the doctor didn’t recognized that.
  • The doctor was not able to diagnose the health condition of the mother that can be contagious to the fetus such as neonatal lupus, genital herpes, and the likes.
  • The doctor fails to perform his best during childbirth, which leads to injuries; both mother and baby can be compromised.
  • The doctor was not able to detect the signs of fetal distress
  • Not performing cesarean section when deemed necessary.
  • Insufficient knowledge when it comes to using vacuum extractor or forceps during forceps delivery. Misdiagnosis

 

Most of the complaints are because of misdiagnosis or delayed in diagnosing the real condition of the patient. So, what will happen if there is a misdiagnosis or even a delay in diagnosing a serious health condition? Well, there is a possibility that the patient will miss the chance of treating himself in the early part of the disease. Keep in mind that if the disease is a serious one (life threatening) and it wasn’t diagnose earlier, then it would lead to life-long problems or even the possibility of death. You have to prove that there is really a delayed in diagnosing your health condition or even a misdiagnosis. The basis for this would be what the doctor did and didn’t do. The treating doctor can be held liable provided proofs and evidences are presented.

  • Giving wrong medication to the patient

The effect of giving wrong medication to the patient varies. It can be mild, but most of the time fatal. If the doctor prescribes wrong medication, then there is really a high possibility that the patient will be harmed. There are also instances when the nurse gives the right medication, but to the wrong patient. This usually happens in a tertiary hospital wherein the nurse needs to attend to many patients at the same time. Whatever the circumstances are; the staff who gave the wrong medication will be held liable. Examples of situations leading to giving wrong medication to the patient are:

  1. The dosage of the medication is incorrect.
  2. The doctor prescribes the correct drug and dosage, but the patient was given incorrect amount by the administering nurse.
  3. The equipment used in administering the medication malfunctions, which leads to giving large dose of medication in a single shot.
  • Anesthesia-related mistakes- you have to keep in mind that the effect of anesthesia is very fatal for the patient and a simple error can jeopardize not only the health, but as well as the life of the patient. It is more dangerous than mistakes committed during surgical procedure. A case can be filed against the anesthesiologist even if the anesthesia is not yet given. Situations leading to anesthesia error are the following:
  • Not performing a thorough investigation about the history of the patient.
  • Not informing the patient about the possible health risk of giving anesthesia.

    Giving large dose of anesthesia to the patient.

    Not thoroughly monitoring the vital signs of the patient.
    The equipment used is not in perfect condition/ defective anesthetic equipment.
    Improper intubation of patients.Surgical related errors – these pertains to errors in the operating room (OR). The surgeon is incompetent while performing surgical operation. Usually, the surgeon has punctured the vital organs of the patient, but the common one is leaving surgical instrument inside the body of the patient. A perfect example of this is accidentally leaving a sponge, scissors, or forceps. The doctor will not only be the one to blame in this situation, but as well as the scrub nurse and the circulating nurse. Before and after the surgical procedure, all equipment and apparatus should be counted to make sure that not even a single instrument is left inside the patient’s body.

Getting Help

There are complex rules concerning medical malpractice, but the rules vary from one place to another. To guide you better and to efficiently help you with your case, you should consult a lawyer that exclusively handles lawsuits.

Damages

Lawsuits cover a huge array of damages such as compensation for expenses, loss of income and future income opportunities, inability to live life to the fullest, and the likes. The injured patient has the right to file a lawsuit. In case of death, the immediate family is allowed by the court to file a lawsuit.

  • General damages- it pertains to the cost of suffering experienced by the patient and it encompasses the following:
    • Pain and suffering (physical and psychological)

      medical malpractice lawyer

      Thousands of medical malpractice victims are able to attain a sense of justice through the help of medical malpractice lawyers

    • Inability to enjoy life to the fullest
    • Loss of future earning capacity
  • Special damages-This pertains to expenses that can be easily quantified such as:
    • Bills (a certified copy of bill should be presented)
    • Inability to go to work because of the injuries sustained
  • Punitive damages- The rules concerning punitive damage vary from one place to another. As the name suggest, there is really an intention to behave in a harmful way. So, if you really want to punish the staff, then you should aim for punitive damage and the best medical malpractice lawyers can be your best friend during this unfortunate times.
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Spinal Cord Injury Lawyer – Know Your Legal Rights

There are accidents resulting to severe injuries such as the ones that involve the spinal cord. Such injuries are a no joke. The effects of such injury can be very devastating not only to the victim, but as well as to the immediate family. The injuries can be very painful not only to the physical aspect, but as well as financially. You will have to deal with expensive medical cost, which is long-term or worse a lifetime. If you get involved in an accident leading to spine injuries, then you should see a spinal cord injury lawyer.

Whenever there is an accident, there should always be someone to blame. That someone can be partially or completely held liable for the accident and that you can file a lawsuit in order for you to get rightful and just compensation (see: ODF ALLIANCE). If you want to know more about spine injuries and the legal aspects surrounding the case, then keep on reading below.

Injuries

human spinal cordSpinal cord injury pertains to the damage that involves the spinal cord. Most of the time, such an injury leads to partial or complete loss of sensory and motor control. The injury also leads to paralysis, which can be paraplegic or quadriplegic in nature. Once the spine is impaired, other parts and functioning of the body will be greatly affected. So, what are the common reasons behind sustaining such injuries?

  1. Vehicular accident that leads to excessive blow to the spine
  2. Fall
  3. Gunshot wound/stab wound directly affecting the spine
  4. Outdoor extreme sports activities
  5. Medical negligence or medical malpractice affecting the neck and back

What are the bases of filing a lawsuit?

Injuries to the spine are commonly associated with negligence, but for you to file a lawsuit you have to prove that the other party is really the one at fault. For example, you become injured right after using a defective product. You can sue the company who manufacture the product, but you have to really prove that it is the product causing you that injury.

What are the common defenses used by people in spine injuries cases?

Contributory negligence

This is one of the common defenses used by people who are charged with personal injury lawsuit. So, what does it mean? The defendant will prove that he is not the one to blame. He will prove to the court that the injuries you sustained are because of your own fault. It is your own negligence and carelessness that contributed to the injury.

Comparative negligence

The injured person and the defendant’s action will be weighed carefully to determine who is really at fault of the accident.

Risk assumption

This is applicable to spinal cord injuries sustained after performing dangerous activities such as skiing and bungee jumping. The defendant will use this defense letting everybody know that it is your own decision to take part in the activity even if you know in the first place that it could potentially harm you.

Compensation

As you can see, compensation refers to the monetary award and the primary reason why it is being sought by the victim is to

spinal cord injury lawyer

You must take the appropriate legal action with the help of the right legal professional when it comes to cases involving spine injuries

compensate for the losses and damages caused by the accident. Through compensation to the damages, you will be able to restore your health and life in a pre-accident state; although most of the time your health will not be fully restored, but the money can help you a lot. So, what are typically included in the compensation?

  • Compensation for medical-related expenses( hospital bill, prescription medication, use of state of the art health equipment, and the likes)
  • Pain and suffering
  • Rehabilitation
  • Inability to go to work, which leads to loss of income and loss of income opportunity

Nobody would want to deal with injury considering the impact it brings to one’s life. However, there are things that go beyond our control. If you or somebody dear to you has sustained  injury because of someone else’s fault, then you are entitled for a claim. To determine whether you are eligible for a claim, the first thing you should do is to hire a spinal cord injury lawyer.

 

 

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