Category: Medical Malpractice

Nobody wants to be part of a wrongful death lawsuit. But sometimes, it’s a necessary process in order to deliver justice. Wrongful deaths can be caused by negligence as well as intentional harm.

It might be a little difficult to understand how wrongful death lawsuits work at first. But they’re a vital part of our legal system and it’s useful to know when they do and do not apply.

If you’re interested in learning about the ins and outs of wrongful death, then continue reading and we’ll walk you through everything you need to know.

What Is a Wrongful Death?

A wrongful death is any death that’s caused by negligence or wrongful actions. This can include a slip and fall or a car accident. Wrongful deaths can also come out of intentional actions like battery and assault.

Wrongful death lawsuits are similar to personal injury claims. Both lawsuits rely on some amount of harm that was caused by the wrongful act or negligence of another person.

The main difference between a personal injury claim and a wrongful death is that in a wrongful death lawsuit, the person who was harmed can’t bring the claim to court. Instead, someone else will need to bring the claim to court on behalf of the deceased person.

Who Can Bring a Wrongful Death Claim?

Only specific kinds of individuals can take a wrongful death claim to court. Their ability to do so depends on their relationship to the deceased. The people who are able to bring a wrongful death suit include:

• The surviving spouse of the deceased
• The mother, father, or children of the deceased
• A representative of the deceased’s estate
• The “reciprocal beneficiary” of the deceased
• Anyone who financially depended upon the deceased until that person’s death

The parents of a deceased minor are able to bring about a claim. However, if the parents are also deceased, then a guardian will have to be appointed before the wrongful death suit can continue.

Wrongful death claims are civil lawsuits. This means that it’s brought to the court either directly by the beneficiaries or their personal representative. Liabilities in these cases are only expressed in monetary damages.

It’s important to note that wrongful death claims are civil cases and not criminal ones. It is the state’s job to bring the criminal case to court and decide if the defendant will face any punishments such as probation or jail time.

Even if a criminal case as already been filed the state, the beneficiaries can still file a wrongful death claim as well.

What Needs to Be Proven?

In order to hold the defendant liable in a wrongful death lawsuit, the plaintiffs in the claim – usually via the deceased person’s estate – will have to meet the same burden of proof that the deceased would have needed to meet if they were still alive.

Let’s look at negligence as an example. The plaintiffs would have to show that the defendant owed a duty of care to the victim, they breached that duty, and that the breach was a proximate and direct cause of the victim’s death. And then they also need to prove that death led to the damages that the plaintiff is now trying to recover.

Damages in a Wrongful Death Lawsuit

In a wrongful death lawsuit, a survivor might be able to receive compensation for multiple categories of losses. Those categories include:

• The costs of medical treatment that the deceased victim had incurred due to the injury prior to their death
• Loss of the expected income of the deceased person
• Value of the services that would’ve been provided by the deceased person
• Loss of companionship and love
• The pre-death suffering and pain (some time’s called a “survival” claim) of the deceased person
• The costs for the burial and funeral
• Loss of any inheritance due to the wrongful death
• Loss of nurturing, guidance, and care that would have been provided by the deceased person
• Loss of consortium

Other than the burial and funeral expenses, any damages that are recovered in a wrongful death lawsuit will be paid to the beneficiaries directly. Those damages don’t become part of the estate of the deceased person and can’t be taxed as if they are part of that estate.

Time Limits for Filing a Wrongful Death Suit

There is a time limit, or “statute of limitations,” that comes with bringing a wrongful death claim to court. The beneficiaries or a personal representative has two years from the date of the death to file a wrongful death suit. If the case isn’t filed within that time frame, the court will very likely dismiss the case.

Due to some factors that can affect how the statute of limitations applies, if you’re coming up to the end of the two-year time limit, you should speak to a qualified attorney who practices wrongful death law.

The Importance of Knowing About Wrongful Death Lawsuits

Going through a wrongful death lawsuit can sometimes be a difficult process for all parties involved. But its an important and necessary part of restoring justice and recovering rightly due damages. Due to the short time window and sensitive nature of the claim, it’s important that you consult with an experienced and reliable attorney who can get you the compensation that you deserve.

Are you looking to file a wrongful death claim on behalf of a loved one? If so, contact us today and see what we can do for you!

Accidents happen all the time. None of us expect to get hurt when we start out the date, and yet it happens to many people every day. If you do find yourself seriously injured, you might find yourself facing an uncertain financial future.

After all, medical care in the United States is enormously expensive. Many families face bankruptcy as a result of paying off medical bills. You don’t want this to end up being you. if you’ve been injured as a result of another person or entity’s negligence, you deserve compensation.

Do you know how to find a personal injury lawyer? Anyone trying to seek compensation for injuries would do good to have an experienced attorney by their side. Need help determining how to find the right lawyer for your case?

Read on and we’ll walk you through what you need to know.

1. Look to Your Personal Network

Who do you trust more: a loved one and friend, or an advertisement you’ve seen on a passing billboard? If you’re like most Americans, you probably tend to trust the word of a close friend or associate more than advertising. 

Who could blame you? Starting your search for a great attorney within your own network might present you with a wealth of great options. After all, if a person close to you had a great experience with a personal injury attorney, there’s a very good chance that you will too.

This is especially true if your case is very similar to the one that your friend or loved one brought forward.

It’s well worth asking around or making a post on social media about your search for an attorney. If you ask for recommendations, many people might pour forward with attorneys that they’ve worked with in the past.

You’ll be able to follow up with this person and get a true picture of what the attorney in question is like. If they provided great service for this person, you can feel more comfortable in hiring them for your own case.

2. Check Online Directories

If no one in your circle has an attorney to recommend, you might have to look elsewhere. Luckily, the internet has made it easier to seek out the kind of help that you need.

You can easily rely on Google and other search engines to find experienced legal help in your area. Most attorney’s websites have a ton of information that will allow you to get a true idea of the lawyer’s expertise and background.

You’ll also be able to find a number of online reviews for that attorney. If people are coming online to rave about their experience with a particular attorney, you can rest assured that this individual is likely a good hire.

If people have gotten onto the web to complain about the service they received, you might decide it’s better to stay away.

3. Speak With the Local Bar

If the previous suggestions don’t help you to find the right personal injury attorney, you might want to pick up the phone. You can call the local bar association for help.

Most bar associations have a built-in referral service for exactly this situation. Make sure to let them know you’re specifically looking for a personal injury attorney.

Tell them about the specifics of your injury and the situation that caused it. They will be able to recommend to you a number of attorneys in the area who would be interested in your case. 

They’ll even be able to narrow the selection down to attorneys that fit the specific needs of your case, including the exact kind of injury you’ve suffered. You’ll need to follow up with the attorneys that they put you in touch with on your own, but the bar’s recommendation can be a big help.

4. Hire Someone With Experience

There’s a lot to consider when hiring an attorney, but that individual’s experience should play a huge part in your hiring decision. The more experience an attorney has, the more likely they’ll be able to bring home the result you want in your case.

An experienced attorney with years of practice behind them will have seen a wide variety of personal injury situations. They’ll be well equipped to handle almost any scenario. There’s a good chance that they’ve done a case exactly like yours before.

An attorney with a long history of work might even have relationships with judges and others in the justice system. This can help to move your case along at a rapid clip.

5. Look for Passion and Dedication

Last but not least, there’s the human factor. When you talk to an attorney about coming onto your case, keep an eye out for the amount of passion they bring forward.

You wouldn’t want an indifferent doctor to perform your open-heart surgery, right? The same idea should apply to your personal injury case. 

An attorney who seems excited and passionate about their work will be much more likely to do a good job at the end of the day. Someone who takes the time to clearly communicate with you about your case, and shows passion when doing it? That’s an attorney worth hiring.

Tips on How to Find a Personal Injury Lawyer

Do you know how to find a personal injury lawyer for your case? The above tips should point you in the proper direction. You deserve someone who can fight for you and make sure you take home the compensation you deserve.

Need help with your case? Give me a call anytime for assistance.

 

 

Being able to eat one or walk one day and losing the ability the next is a life-shattering experience. spinal cord injury recovery.

Every year about 300,000-500,000 individuals develop a spinal cord injury.

Spinal cord injury recovery involves tackling both the emotional and physical changes. You must also know your strengths and weakness depending on the type you have.

Sure, you may not be able to do what you once could, but there is life for you after a spinal cord injury. If you are struggling, there are ways to learn how.

What is the Spinal Cord?

The spine is the body’s backbone starting from the base of the brain to the back. There are a total of 31 pairs of nerves that allow the brain to command the body through muscle communication.

Organ function and even your breathing are controlled by the spine. Nerves provide a sense of pain, touch, position, and temperature.

The spine is protected by the spinal canal, known as vertebrae. The vertebral column is further divided into three parts:

• 8 Cervical vertebrae at the neck
• 12 thoracic vertebrae at the upper chest
• 5 lumbar vertebrae at the lower chest
• 5 Sacral vertebrae
• 1 coccyx vertebra at the tailbone

These divisions work in harmony as a unit, allowing you to move from head to toe. However, injury to one or more of the vertebral column results in a loss in function to an area or organ in the body.

Spinal Cord Injury Types and the Symptoms

The spine is very sensitive to injury and unfortunately, once the damage is done, it’s done. The spine is unable to repair or regenerate. It does not have to be physically cut or crushed to be damaged. Being stretched or bruised is just as bad for the spine.

The injury occurs due to shock or trauma such as a car accident. Extreme loss of blood supply and excess compression due to infection or a tumor can also cause permanent damage.

There are several types of spinal cord injuries a person may get. It’s possible that one can progress to the other in some cases.

Any of these injuries will show symptoms in loss of sensation, sexual dysfunction, and loss of function in bowel or bladder control.

Cervical Spinal Cord Injury

The cervical spine controls communication and movement of the arms, hands, shoulders, head, and diaphragm. Damage received will result in paralysis or weakness in these areas. The person becomes quadriplegic (also called tetraplegic).

A neck brace is given to those with neck injuries. Sometimes, there may also be issues with controlling breathing and body temperature.

Thoracic Spinal Cord Injury

This type of Injury least common due to added protection from the ribs. The person becomes paraplegic at the legs. The muscles of the stomach and back are affected.

Lumbar Spinal Cord Injury

A person with a lumbar injury to the spine can also develop paraplegia. Since the injury is around the lower aspect of the body, arm, shoulder and hand control aren’t usually affection.

Sacral Spinal Cord Injury

The main symptoms of this type of injury are a loss of normal bodily excretions and sexual alterations. The lower legs are damaged while the upper body is usually fine.

Incomplete vs. Complete Spinal Cord Injury

Those with incomplete spinal cord injury have some level of function below the location of the injury. This is because communication between the brain and spine is not completely severed.  More often than not, both the left and right sides of the body are affected. The feeling of sensation will also remain, even if it is faint.

Those with complete spinal cord injury have a total loss in muscle sensation and touch post-trauma.

5 Tips on Road to Spinal Cord Injury Recovery

Work Closely With a Gynecologist

There is a heavy relationship with spinal cord injury and sexual function for males and females. Women should visit an OB-GYN to learn new ways they can live and adapt to bodily changes. Questions on being sexually physical or lack of it can be communicated. For men, visiting a urologist will be the equivalent of visiting an OB-GYN.

Have Physical Therapy

Depending on the spinal injury and whether it is complete or incomplete will be the determining factor in your treatment plan. You must work with a physical therapist to learn how to move again.

Walking, moving the hands and feet, and eating may have to be relearned. In the event lower body function is partially or completely lost, you will have physical therapy with an aid that you may use for life. Most will learn how to use a wheelchair, but crutches are also used.

Addressing Financial Changes

Spinal cord injuries are accidentally self-caused or by others if genetic factors are excluded. Having regular appointments with a doctor and having to purchase medication and equipment will be costly. You will have to work closely with your health insurance provider and find resources or benefits that can help reduce costs.

If your injury was caused by someone else, such as a car accident, you are entitled to reimbursement due to economic, non-economic, and punitive damages. Having a lawyer to help you throughout the process will help maximize rightful compensation.

Be a Member of a Support Group

The mind is involved following a spinal cord injury. Emotional changes such as anger, sadness or feeling useless surface. Having someone to talk to, especially someone who went through what you did can help you recover better.

Stay Active: Exercise and Plan Activities

While it is true a spinal cord injury changes a lot in what you can and cannot do, it doesn’t mean you cannot do anything. Getting into exercise again or discovering a new type of exercise benefits you mentally and physically.

Doing the same routine every day is boring, so planning new activities you can do alone or with others enhance daily living.

Life After Spinal Cord Injury

The road to spinal cord injury recovery is not a straight line. You will run into bumps and curves or stop at a phase until you’re ready to move again.

Most spinal injuries are causes caused by car accidents. Life in a matter of seconds changes in that one moment. Spinal cord injuries can also result from malpractice by health professionals.

Losing your ability to do what you used to can’t ever be truly compensated when the function is forever lost.

However, if you are dealing with a spinal cord injury getting rightful compensation will help in adapting to a new life.

Contact us if you experienced a roadway accident or malpractice resulting in spinal cord injury.