Going to the doctor, quite frankly, sucks. Even when the outcome is positive – a clean bill of health, or the diagnosis and successful treatment of an illness – there’s still no denying that it can be extremely uncomfortable. The smell alone is enough to make anyone nervous; antiseptic, sterile… It feels as though you are entering a place where something could go wrong at any moment.
The fear that lurks in all doctor’s waiting rooms isn’t unfounded either – statistics show us that medical mistakes are far more common than most people realize. According to one study conducted by Johns Hopkins University School of Medicine, more than 250,000 patients die each year due to medical errors – making this the third leading cause of death in America after heart disease and cancer!
It goes without saying then that these mistakes can also mean serious injury or even death for those affected–and such cases constitute what we know as ‘medical malpractice’. Medical malpractice occurs when a healthcare provider deviates from accepted standards while treating their patient which results in harm or wrongful death caused by negligence on behalf of said healthcare provider(s).
In many instances where this happens, victims may need assistance from wrongful death attorneys who specialize in seeking compensation for losses related to medical malpractice.
In the most severe cases of medical malpractice, such as a wrongful death caused by negligence on behalf of a healthcare provider or hospital, it is important for victims’ families to get legal help from an experienced wrongful death attorney.
Wrongful death lawyers can provide guidance and representation throughout the process in order to ensure that justice is served and that those affected receive fair compensation for their losses due to someone else’s mistakes.
What Exactly is a Wrongful Death?
Wrongful death is defined as any type of fatality that occurs due to another party’s negligence or intentional harm. These deaths occur across many different situations, including car accidents and medical malpractice incidents. It is important for families who have lost loved ones in these types of circumstances to understand their rights and seek the help they need from experienced wrongful death attorneys in order to obtain justice on behalf of their deceased family member(s).
The causes behind a wrongful death could be attributed to numerous factors, such as:
- Unsafe road conditions caused by negligent parties:
- As you read through this list, you’ll notice that many of these causes can be attributed to negligence. In the case of a wrongful death due to unsafe road conditions, this could include potholes or other hazards that were not fixed in a timely manner and resulted in an accident.
- Faulty products:
- If someone is injured or dies as the result of using a faulty product, such as defective medical equipment or dangerous toys, then they may have grounds for filing a wrongful death lawsuit against the manufacturer.
- Medical malpractice:
- This occurs when healthcare professionals fail to provide adequate care which results in injury and/or death for their patient(s). This includes misdiagnosis and misprescription resulting from negligence on behalf of doctors and other healthcare providers. In cases like this, it is appropriate to hire a medical malpractice attorney.
- Workplace accidents:
- These types of incidents often occur due to inadequate safety regulations being enforced by employers who put their employees at risk without proper protection measures being taken beforehand.
- Intentional harm perpetrated by another party:
- Instances where one person intentionally harms another leading up to their eventual fatality are also considered wrongful deaths regardless if it was premeditated murder or manslaughter according to criminal law standards
- Vehicular homicide:
- If a driver is operating their vehicle in an irresponsible manner and causes the death of another, then they may be liable for wrongful death.
It’s important to note that not all deaths qualify as wrongful deaths. In many cases, there are certain criteria that must be met before a case can fall under this category. This includes establishing fault on behalf of another party who either acted negligently or intentionally caused the death of another.
In order for a wrongful death case to be successful, there are several elements that must be proven in court:
- The party responsible caused the fatality either directly or through negligence:
- This element is typically the easiest to prove, as it simply requires evidence that shows how and why the person responsible for the death acted in a negligent or intentional manner.
- The death resulted in damages:
- These damages can include medical bills, funeral costs, and loss of future income due to their premature passing.
- There are surviving family members who have suffered losses due to this fatality:
- In order for compensation to be provided on behalf of those affected by this wrongful death, there must be someone still alive who has suffered a loss as a result of it.
In any case involving wrongful deaths caused by another party’s negligence or intentional harm – whether it’s a car accident, defective product, medical malpractice incident, or workplace injury – it is important to seek legal help from an experienced wrongful death attorney.
They can provide guidance and representation throughout the process in order to ensure that justice is served and those affected receive fair compensation for their losses.
What Steps Need to Be Taken After A Wrongful Death?
When someone loses their life due to another party’s negligence or intentional harm, it can be an incredibly traumatic experience for the surviving family members. In such cases, it is important to take certain steps in order to ensure that justice is served and that those affected receive adequate compensation for their losses.
The first step after a wrongful death has occurred should be to seek out legal help from experienced wrongful death attorneys who specialize in these types of cases.
It is important not only because they can provide guidance throughout the entire process but also because they are able to negotiate on behalf of the deceased victim’s family with insurance companies and other parties involved which will often result in higher settlements than if one attempted this without any legal assistance at all.
In addition to seeking out experienced lawyers, families should also document as much evidence as possible related to what happened leading up until their loved one’s passing; including medical records, police reports and witness statements etcetera – anything that could potentially strengthen their case against whoever was responsible for this tragedy taking place. The more evidence available during negotiations or court proceedings regarding the fault on behalf of another party(ies) the generally results in better outcomes overall when seeking compensation due to damages incurred by said fatality(ies).
There are also many, many things that you really shouldn’t do after a wrongful death. If you approach things incorrectly, you could end up making the situation worse for yourself and your family. Here are a few things that should be avoided in such cases:
- Don’t sign any paperwork from insurance companies or other parties without consulting with an attorney first:
- This is really important, do not sign anything or agree to any settlements until you have consulted with an experienced wrongful death lawyer.
- Don’t accept a settlement too quickly:
- If the other party makes an offer, do not be tempted to take it right away without consulting with your attorney first. These offers are often lower than they should be and can end up costing your family more money in the long run if accepted without proper consideration of all factors at hand.
- Don’t speak publicly about the case:
- This includes making comments on social media platforms as well as talking to reporters who may approach you for interviews related to this tragedy – even if these people seem sympathetic towards your story, their ultimate goal is always going elicit some sort of response from those affected which could potentially hurt one’s chances in court later down the line depending on what was said publicly beforehand by them (or someone close).
- Don’t delay in seeking legal help:
- It is important to act quickly after a wrongful death has occurred. Statutes of limitations vary from state to state and one needs to be aware of these time frames when filing a claim or lawsuit against the responsible party(ies).
It goes without saying then that taking the right steps following a wrongful death is incredibly important for those affected by such tragedies. Seeking out experienced attorneys who specialize in these matters and gathering as much evidence as possible should always be one’s first priority before any other actions are taken – this will ensure that justice is served on behalf of their deceased family member(s) and they receive fair compensation for their losses due to someone else’s mistakes.
Taking Away Stress When You Need it Most
Attorneys get a bad rap in our society for a lot of reasons, but there are a lot of lawyers out there that only really want to help. Wrongful death attorneys are especially important in this regard because they can provide much-needed guidance and representation to families who have experienced the tragedy of losing a loved one due to someone else’s negligence or intentional harm.