WHEN THE WORST HAPPENS
by Contributor
(Jun. 5, 2019) — When a patient dies as a result of medical negligence, the family member may file a wrongful death suit. The process can be complex. Learn more here.
Each year, over 250,000 Americans die from medical negligence. While we trust in medical staff to be our caretakers, unfortunately, mistakes and errors happen, which can lead to fatal consequences.
If you believe your loved one passed away due to medical negligence, here are the 4 steps to take to file a wrongful death suit.
- Research the Law
Each state has its own laws on who can file a wrongful death lawsuit. For example, in some states, only representatives of the deceased’s estate can file a wrongful death claim.
Before you get started on building a case, make sure you can actually file to avoid wasting precious time. If you aren’t legally able to file, get in touch with whoever can so you can work together to seek justice.
- Gather Proof of Medical Negligence
After a wrongful death, it’s in your best interest to gather evidence of negligence as soon as you can. For instance, if you suspect the surgeon was under the influence during the operation, try and get testimonials from the medical staff on duty that day.
The more evidence you can present, the better chance you have of winning and getting more compensation.
- Get in Touch with an Attorney
It will be difficult trying to sue the hospital or doctor on your own; they’ll do everything to protect themselves and deny you compensation. When you have an attorney on your side, they can help you fill out a notice and complaint, which needs to follow the rules of probate court.
Lawyers usually don’t require payment unless they help you win your case, so you can count on them to do their best. In your time of emotional distress, it’s best to work with an attorney, even if you know your way around the court system. This can allow you to focus on grieving and being with your family.
- Collect Damages
Once you’ve won your case, you’ll need to collect damages. The money can be used for your emotional suffering, the medical bills and burial arrangements of the deceased. This money can also be distributed among those who were supported by them, such as their grandparents or children.
Do note that damages that are allowed can vary in each state. This is why it’s vital you consult with a wrongful death attorney so they can determine which damages you can sue for.
Get Help Filing Your Wrongful Death Suit
The legal system can be tricky to navigate, so make sure you have a lawyer on your side when you need to file a wrongful death suit. Not only can they take some of the legal burdens off of you, but they can also make sure you get justice for your loved one’s death after all the emotional turmoil it’s caused you and your family.
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