Wrongful death cases are a tragic problem that many families have to deal with. It is estimated that more than 200,000 people die each year as a result of medical malpractice. For families facing the tragedy of the unexpected death of a loved one due to medical error, time and space to grieve and cope is certainly needed.
Many families who have lost a loved one due to wrongful death seek legal justice in court through a wrongful death lawsuit. These lawsuits certainly won’t bring the deceased back to life, but many families find some relief in seeking justice for their lost family member by holding the injured party accountable for their actions. These cases can involve negligence, misdiagnosis, dental malpractice, bacterial infections, medication errors, surgical malpractice, and more.
In a wrongful death case, the allegations are usually against the hospital or medical personnel, such as doctors, surgeons, nurses, pharmacists, and even lab technicians. These and other medical professionals may have acted negligently, recklessly, or even intentionally, and these actions resulted in the death of your loved one. When you speak with your personal injury attorney, he or she will discuss the strengths and weaknesses of your case with you, including how to determine cause of death, strict liability of death, and more. These claims must be made by family members and are usually filed by a spouse, sibling or other relative of the deceased. Your attorney will discuss with you that to be successful, your case must provide for misdiagnosis, injury caused during surgery, negligence, or some other similar factor at the hands of a medical professional.
Often, in malpractice cases that fail on the side of the decedent’s family, a legal claim is awarded financially with a cash settlement. The fact is that these cases are very complex, and if you want to be successful in your claim, you must work with an experienced and knowledgeable personal injury lawyer who is familiar with wrongful death case law. Legal recourse and compensation is available to you and your family for the tragic loss of your loved one. Keep in mind, however, that there is a statute of limitations in such cases, so while you may still be mourning your loss, you should seek action quickly to be protected by law.