Introduction
A wrongful death arises when a person dies as a result of another person or party’s negligence or wrongful act. Such claims are sensitive and intricately legal in nature; there is a strong need to understand the damages that can legally be compensated. The rationale for this article is to assist attorneys who are looking for guidance on wrongful death compensation claims, how economic or non-economic damages, the claim process, and the role of medical record review services for attorneys can achieve case objectives.
What is a Wrongful Death Lawsuit?
Definition and Overview
• A wrongful death lawsuit is a specific type of claim filed against a party who is alleged to cause the death of the claimant’s family member due to negligence actions or commission of a wrongful act.
• Notable Features: Prosecution of criminal cases is sublet to the state; unlike in civil actions of wrongful death, the primary aim is to compensate the family of the victim.
Common Causes of Wrongful Death
• Medical Malpractice: the death of a patient due to some unfortunate mistakes of his/her attending physician(s) or other healthcare professionals.
• Car Accidents: The untoward deaths and casualty inflicted by uncontrollable or rash drivers or hazardous conditions and places of the road, like highways.
• Workplace Accidents: death that results from cases of hazardous conditions of works or inordinate breakdown of work equipment.
Types of Damages in Wrongful Death Cases
Economic Damages
Economic damages refer to the measurable costs that the bereaved family suffers as a result of the wrongful death. These may include:
• Medical Treatment Costs: Costs associated with the treatment received by the deceased before death.
• Funeral and Burial Expenses: Costs that is associated with the burial and funeral service.
• Loss of Income and Financial Support: Payment for the deceased’s earnings, income, and valuable benefits that would have helped the family economically.
Non-Economic Damages
Non-economic damages are those that are more subjective and aim to account for the losses that are intangible. Non-economic damages include but are not limited to:
• Loss of Companionship: The emotional suffering that comes with having lost someone dear to oneself.
• Pain and Suffering: The testamentary anguish that the family has suffered due to the death.
• Loss of Consortium: The loss of sociable relations among family members.
Punitive Damages
• Definition: These damages may be granted when the defendant acted with malice or in willful disregard of the plaintiff’s rights.
• Purpose: Such damages are awarded to punish the defendant and help him restrain from such acts in the future.
The Legal Process of Filing a Wrongful Death Lawsuit
Who Can File a Wrongful Death Lawsuit?
• Permitted Plaintiffs: Primarily, the spouse, children, or parents of the deceased have the ability to bring forth a wrongful death claim. A personal representative of the estate may file the lawsuit in certain cases.
• Laws in Different States: Every state has its unique laws that define who is eligible to fill and the deadlines for filing the claim.
Statute of Limitations
• General Time Period: Most of the states have a set timeframe ranging between 1-3 years in which a claim for wrongful death can be filed.
• Exceptions: There are certain factors, such as government involvement, that may result in a reduction of this timeframe.
The Role of Medical Records Review Services
Importance of Medical Records in Wrongful Death Cases
- Evidence of Negligence: Medical records can provide critical evidence of the standard of care and any deviations that may have contributed to the death.
- Expert Testimony: A thorough review of medical records can help attorneys identify expert witnesses who can testify about the care provided.
How We Assist Attorneys
• Case Analysis: We assist lawyers by giving them relevant information that can support their case through our medical records review services.
• Claims Improvement: In cases where an attorney seeks maximum benefits, the claim can be substantiated in their favor by furnishing details regarding medical history and treatment undertaken.
Case Studies
Case Study 1: Medical Malpractice Leading to Wrongful Death
• Overview: A certain patient died because a healthcare provider misdiagnosed a certain ailment on the patient.
• Challenges: Proving that the misdiagnosed ailment actually is the cause of death of the patient.
• Solution: A careful analysis of the medical records showed shortcomings concerning the treatment and diagnosis provided to the patient.
Case Study 2: Accident Case with Death Resulting from Negligence
• Overview: A certain family suffered the loss of one of their family members who died in a car accident due to the carelessness of a drunken driver.
• Challenges: Finding out how the services provided to the family were in regards to the emotional and economic loss that the family suffered.
• Solution: The medical records and the accident reports were analyzed in order to prove the victim’s emotional support and financial contributions to the family.
Conclusion
Attorneys who help families suffering from such bereavement should be skilled in compensation for wrongful death because of the degree of suffering involved. After thorough consideration of the types of damages, their legal aspects, and the suing procedure, lawyers will be able to serve their clients in better ways. The suing process becomes easier for legal professionals to aid families in need after receiving such services since their capacity is wider and assures that families get full compensation.
