Wrongful Death Law Firms
Wrongful death law firms are located all over the country, specializing in civil cases related to deaths caused by the abuse or negligence of a person, company, or organization. Examples of wrongful death are mortal injuries caused by nursing home neglect, medical or dental malpractice or misdiagnoses, incorrect medical prescriptions, exposure to dangerous substances or premises, reckless behavior or driving, product failure, and improper supervision. If a person dies as a result of these or any other similar causes, his family is entitled to contact wrongful death attorneys and file a suit against the responsible person or party. Often, surviving family members know that the loved one's demise could have been avoided by proper precautions and correct procedures, and this makes the loss so much more difficult to handle. Many people choose to seek justice in a court of law, usually in order to compensate financially for the loss of a family member.
If awarded, compensation will often cover medical and funeral costs of the deceased, as well as related damages such as loss of vehicles or other possessions. Often, family members can sue for the lost wages and future earnings, as well as lost benefits and inheritance of the deceased, especially if the loved one was the primary source of income for the family. Courts usually award pecuniary compensation related to the pain and suffering involved in grieving for the deceased, as well as loss of companionship and emotional or social support. For example, a relative may not have provided significant income to the family, but contributed in other ways such as childcare, education, and household maintenance. Wrongful death attorneys will try to ensure that a family receives as much financial compensation as possible, as is appropriate to financial and emotional loss.
When a child dies from heat exhaustion at her daycare because her teacher leaves her outside too long without water, a husband is killed by exposure to toxic substances at work, a grandparent passes away in a nursing home because her cries for help are ignored by the staff, or a wife dies during a routine operation due to her doctor's incompetence, family members are left reeling from the loss. In addition to the burden of grief, financial pressures related to such a loss can be immense and may seem unfair to surviving family members, who will want the person or party that is responsible for the loss to pay. In such cases, wrongful death law firms are available to provide advice and legal services to the grieving, helping them to determine whether the loved one's decease is indeed another person's legal responsibility and what the family's options for a civil suit may be. These lawyers can help surviving family members to gather the necessary information and evidence concerning the wrongful death and can help them to understand the complicated legal terminology and procedures involved. Wrongful death attorneys will take responsibility for the case, relieving the family of a great deal of stress and confusion; often, such firms are able to win significant financial compensation for their clients.
Because the procedures and rules for these kinds of court cases differ from state to state, persons considering filing a civil suit following the loss of a loved one should consult wrongful death law firms in their area to ask what the stipulations for a particular state are. Because of the statute of limitations, it is important to file the law suit in the appropriate time frame; usually, family members must file for compensation within one to three years of their loved one's decease, or the case will be considered forfeit. Sometimes surviving family members wish to press criminal charges against the person or party responsible for the death because they feel that the behavior was intentional or may cause the deaths of other people in the future. Wrongful death attorneys can help to address these concerns as well.
Sometimes family members choose such a course of action because of anger and a desire to seek revenge. Although forgiving those who have caused the death of a loved one is difficult and may seem impossible in the midst of one's horrific suffering and grief, vengeance is never going to bring peace of mind or even alleviate the pain of one's loss. Jesus taught that the old way of revenge (an eye for an eye, a tooth for a tooth) was not the way to find freedom from an offense; rather, he said that forgiveness and love were the way to freedom, and gave suffering persons a hopeful promise: "Blessed are they that mourn: for they shall be comforted" (Matthew 5:4). While it is perfectly acceptable to consult wrongful death law firms and to sue a person or company that has caused an avoidable fatal injury to a family member, it is important to remember that no matter how much money one receives or how many years an offender spends in prison, the pain and grief of one's loss will not be assuaged. Vengeance never results in a quiet mind and spirit, but the grieving family that seeks to follow Jesus' way of forgiveness is promised comfort.
If a family has determined that their loved one's death was avoidable or even intentional, they should feel entitled to hire wrongful death attorneys. The problem, of course, is that not everyone has the financial ability to pay for a lawyer, especially following the costs of funeral and burial and the dramatic change in family income. The good news is that many law firms provide services on a contingency basis, which means that clients must pay only if the court case is successful; clients would only be responsible for court fees and related expenses. Persons hoping to file a civil suit should ask the law firms in their area about the costs for their services, and should continue searching until they find one that suits their financial means.
Wrongful Death MalpracticeThe term wrongful death malpractice is actually the combination of two areas of law. The first part is one area of law that deals specifically with compensation for death caused by such things as negligence or misconduct. Both negligence and misconduct will be more extensively defined later in this article. Wrongful death lawsuits are usually brought by a family member or legal representative of the deceased. The death can be caused by another individual, a corporation, or any type of organization. The second part of the term, malpractice, is also a specific legal term. However, it is directly related to lawsuits which allege that doctors or other medical professionals made mistakes during the course of treating the injured person. Generally speaking, mistakes include misdiagnosis, mistreatment, delayed diagnosis, failure to diagnosis, surgical errors, and other medical errors. Malpractice can also be the result of any various types of negligence. Consult an attorney with questions about whether or not a death may be attributable to negligence or misconduct because not all errors in medical treatment or diagnosis are necessarily considered malpractice.
According to some online legal websites there are certain risks and margins for error inherent to the practice of medicine. Even if the person dies as a result of medical malpractice, it may not always be obvious at first. Christians must not be too hasty in making judgments. Gather all the available facts first and then consult an attorney. Proving malpractice can be difficult. Basically, the idea behind a wrongful death malpractice lawsuit is that the people who were dependent upon the deceased were also injure. They may have been dependent for both financial and emotional support. Who can sue for compensation varies from state to state and legal jurisdiction to jurisdiction. States determine who is permitted to bring a wrongful death malpractice suit. Many states allow only a spouse or children of the deceased to file a suit. It would be impossible to give an accurate estimate of the amount of damages a person might receive in a case. Awarding damages is a complex process.
Under most circumstances, survivors can sue for medical bills that were paid to care for the person, as well as for burial expenses. But keep in mind that the idea behind a wrongful death malpractice suit is that the survivors have been injured as well. Therefore, determining the amount of damages to be awarded also requires careful consideration of what income and assets the deceased person might have earned in the future had he or she lived. Also, pain and suffering experienced by survivors as a result of a loved one passing away may also be considered. Pain and suffering are subjective. So, it's obvious as to why calculating damage awards can be complicated. Determining a person's potential worth over time isn't as easy as it may sound, and damage awards based on pain and suffering could very well be dependent on how a judge or jury views the plaintiff. Christians seeking monetary damages for pain and suffering should attempt to keep things in the proper perspective. Pain and suffering is a frequent topic in the Bible.
Christ suffered one of the most painful forms of execution ever devised my man. Job suffered considerably as well, but he still kept his faith in God through his ordeal. God's reward was eternal, not material. Cash damages for pain and suffering are without a doubt material and will be depleted over time. Therefore, Christians should first seek comfort from God who redeems all. "The troubles of my heart are enlarged: O bring thou me out of my distresses. Look upon mine affliction and my pain; and forgive all my sins. Consider mine enemies; for they are many; and they hate me with cruel hatred. O keep my soul, and deliver me: let me not be ashamed; for I put my trust in thee. Let integrity and uprightness preserve me; and I wait on thee." (Psalms 25: 17-21)
Determining negligence will most likely be at the center of any wrongful death malpractice lawsuit. Again, negligence is a specific legal term. Basically, it is a failure or breach of duty of care by a doctor or other medical professional. Nurses, therapists and any other person involved in the care of a patient may be found to be negligent. If a doctor fails to provide an adequate level of care for a patient, then he or she may have been negligent. However, it is very important to remember that all medical errors are not the result of negligence. There are various legal obstacles to navigate in order to prove negligence and wrongful death malpractice. One online law firm lists four steps to successfully proving negligence. First, it must be proven that the doctor had a duty to the deceased. Second, the doctor failed to fulfill his or her duty, which resulted in a breach of duty. Third, the death was caused by the doctor's breach of duty. Finally, the survivor's family or dependents are damaged as a result of the loss of the individual.
Misconduct in a wrongful death malpractice case is the failure of a doctor or other medical professional to provide appropriate care to a patient either through ignorance, negligence or criminal intent. Misconduct can include law violations, regulations, and professional standards. These cases are time sensitive. For the most part, the statute of limitations clock starts winding down from the time of the incident. Wrongful death malpractice cases will have a different statute of limitations then other negligence or malpractice cases. Consult an attorney for details because every wrongful death statute, medical malpractice or otherwise, includes a statute of limitations. Limitations restrict the time between the wrongful death and the time legal action can be initiated.