When Should I Hire a Lawyer for a Wrongful Death Accident?
If you lost a loved one because of somebody’s negligence, dealing with it will be hard, especially if you know that had the party responsible taken precautions, the death could have been prevented. For instance, if you lost a loved one because of a car accident and the other driver was intoxicated, your loved one’s untimely death would be hard to bear. If you get caught up in this kind of situation, you should not hesitate to hire an experienced lawyer to handle your wrongful death lawsuit.
Wrongful death lawsuits are lawsuits filed by the family of the deceased person to the party responsible for his death. This claim is very much different from negligence or personal injury lawsuits because this is filed by the family of the deceased, whereas the latter is filed by the injured person himself. In this case, the victim’s family is entitled to get compensation for the death of their loved one.
Wrongful death claims have four elements:
the death was caused by the defendant;
the defendant was negligent during the accident;
there is a surviving family or dependents, and monetary damages are given to the surviving family members after the settlement.
Wrongful death laws are not the same in every state, so it is best to hire a wrongful death lawyer who knows the specific laws in your state. This is so you would know your legal rights and know what your next actions will be. Your wrongful death lawyer will then discuss to you your options and make the best strategy to get you the highest possible settlement that you can get.
There are different laws surrounding wrongful deaths so it is essential that you listen to your wrongful death attorney. The statute of limitations is one of the things that differ in every state. A statute of limitation refers to the period of time that you are allowed to file a claim. After the statute of limitation has passed, the claim will become invalid. This is because there are factors that will affect the case, years after it has occurred; like lost evidence and witnesses will no longer be available. This is done to prevent bias on both parties.
Likewise, the attorney you will hire should not only help you in legal matters, but also help you get closure from the incident, and understand the pain that you are going through. Police authorities will be coming to get your statement and having a skillful attorney by your side to get assistance from is of great help.
Medical Malpractice and Wrongful Death
While we expect healthcare professionals to provide us with safe and proper medical care, sometimes they act negligently and fail to carry out this responsibility. Unfortunately, this may be extremely hazardous to a patient’s well-being. Many times, medical malpractice leads to illness or injury. In more serious cases, it may lead to death.
Medical malpractice is not an act committed only by doctors. Any health care provider is capable of committing malpractice. This includes doctors, nurses, surgeons, therapists, dentists, and any other individual who provides medical care for a living.
Malpractice is a form of negligence, meaning that the deaths resulting from it are preventable.
Some of the common causes of wrongful death in malpractice cases include:
- Failing to properly monitor a patient
- Misdiagnosis or delayed diagnosis
- Delayed or wrong treatment
- Medication errors
These errors usually result from carelessness or a general lack of attention. Even the slightest negligent action may be the difference between life and death for an individual, which is why healthcare providers must be alert and attentive at all times.
Medical professionals who are guilty of malpractice and other negligent actions may be held liable for the deaths they cause. As such, when a patient dies because of a health care provider’s negligence, the affected patient’s family may be entitled to financial compensation for the loss of their loved one.
Though legal action may not be on your mind after losing a loved one, it is important to hold accountable the healthcare provider whose negligence led to your loved one’s passing. When pursuing legal action, you should seek the help of an experienced legal professional, as malpractice cases require extensive legal knowledge. If you are looking good South Florida wrongful death lawyer, Palm Beach wrongful death lawyer, Jupiter wrongful death lawyer visit http://wrongfuldeathsouthflorida.com.