When it comes to personal injury, the different types of claims somebody can make coupled with the different laws in each one can get pretty confusing. While medical malpractice can lead to a wrongful death, they are separate claims and only a personal injury attorney can best determine which one your case will fall into if you or someone you know has suffered an injury or wrongful death.
Losing a loved one is difficult to experience in the first place. But if the death was a cause of negligence, the devastation increases significantly. And although no amount of money can ever bring a loved one back, if there is a case for wrongful death, you may be entitled to compensation. One form of wrongful death can be medical malpractice but they are not the same. Having an understanding of the differences and speaking with an attorney will help determine which course of action you should take.
Wrongful death occurs when someone dies as a result of someone else’s irresponsibility and negligence. Medical malpractice can lead to wrongful death but so can any of the following:
In these types of cases, the plaintiff must prove that the defendant’s actions directly caused the injuries and death of the deceased. The series of events and cause and effect must be completely clear in order to have a case. The damages in a wrongful death claim can vary depending on your specific case but generally include the loss of financial support for a spouse, children or aging parents, medical bills and funeral costs and in some cases, pain and suffering. Determining whether there is a case to be made should be decided by a qualified accident attorney.
Medical malpractice claims are among the most difficult claims to prove in court and they not always result in the death of a patient. The main focus on these types of claims is the negligence of a medical professional. It has to be proven that the behavior caused harm to the patient. The following are the characteristics that must be present in order for a medical malpractice case to be an option:
If you believe the death of a family member was caused by medical malpractice, you need to talk to an experienced and knowledgeable personal injury attorney. Any type of personal injury case should demand compensation for your financial losses so don’t wait to speak with an accident attorney.
There are a lot of cars on the California roads and as the population increases, so do car accidents. In fact, in 2007 alone, 4,000 people died on California roads and highways. The grieving process alone for losing a loved one in an automobile accident is difficult alone but trying to cope with the thought that the accident was caused by someone else’s negligence is even more devastating. If you or someone you know lost a loved one due to the irresponsibility of someone else, you could potentially pursue a wrongful death claim. Immediately seek advice and consultation from an experienced California injury attorney.
While there is no amount of money that can bring a loved one back, California law allows victims to receive compensation for financial burdens and in some cases, the emotional suffering. Although each case is different, some of the compensation that is available to surviving family members are:
Every driver on the road has a responsibility to act and drive cautiously to safeguard everyone else on the road. When a driver is negligent or reckless however, he or she does not take the safety of others into account. Some of the most common types of driver negligence are:
Any of these reckless behaviors can cause an accident and take a life whether its someone in another vehicle or a pedestrian on the street. Reckless driving can cause some of the most severe types of accidents such as head-on collisions and side-impact crashes which could lead to serious injuries and death. Some of the common types of fatal car accidents due to negligence are:
In order to receive compensation, you must establish who is at fault. This is not an easy process to do and usually an experienced personal injury attorney is best to help you in your specific circumstance. To prove fault, a judge will have to review:
In order to have a successful lawsuit in California, the plaintiff must prove that
If you are mourning over the loss of a loved one, you shouldn’t have to deal with frustrating insurance companies, conducting investigations or anything else that is necessary to prove negligence caused a death. Keep in mind that there is a statute of limitations for when you can file a case so don’t wait to speak with a California injury attorney immediately.