Guide to Understanding How Wrongful Death Cases Works
In 2017, the US Center for Disease Control and Prevention reported that accidents and unintentional injuries were the third highest leading cause for death in the United States. Some of these accidents were caused by either an individual’s or organization’s negligence. Causes of these deaths ranged from medical malpractice to workplace accidents.
Did you recently lose a loved one in this similar scenario? If so, then you may be eligible to file a wrongful death lawsuit. Read this guide to understanding how wrongful death cases work. Learn how this process works and our justice system will help you recover your damages.
Wrongful Death Defined
A wrongful death claim blames a defendant for causing a person’s death through negligence or reckless conditions. The accuser (plaintiff) is the deceased person’s estate. Wrongful death cases can only be filed by personal representatives of the plaintiff, which are usually surviving family members.
Process for Wrongful Death Cases: Step by Step
Submitting a wrongful death claim may not be your first priority after losing a loved one. You’re naturally going to be feeling other emotions like despair or shock.
Keep these following steps in mind to build your wrongful death lawsuit to support your case further down the road:
Collect Your Evidence
Proof will be the center of your wrongful death claim. Keep copies of all medical bills or receipts for medication and equipment. Write down any of your loved one’s medical details that you can remember to preserve what events took place.
Contact a Wrongful Death Attorney
There are many resources to help you hire a lawyer for your wrongful death lawsuit. Legal professionals can guide your case through the justice system so that you can recover your damages fully.,
When looking for a wrongful death attorney, find a lawyer who has litigation experience. There’s a chance that you won’t be able to negotiate a settlement. When this happens, your case moves toward onto a trial and you’ll want a lawyer with many years of experience in a courtroom setting.
After you present your own facts and evidence to a potential wrongful death attorney, they will conduct their own investigation into your claim. If they think that you have a case worth merit, the may agree to represent you.
Research Your State’s Statute of Limitations
The statute of limitations is a legal term that applies to the deadline you have after an event to file a lawsuit. If you don’t file your lawsuit before this deadline, you won’t collect any money for your damages.
Although these deadlines vary between states, lawsuits generally must be filed within two years of the date the negligent or reckless behavior caused the victim’s death.
If you are filing a lawsuit against a governmental or public agency, you file an “administrative claim with that specific office. The deadline to submit an administrative claim is within six months of the victim’s death. The government agency must respond to your claim within 45 days.
The government agency may deny your claim in writing. If they do, then you can bring suit against them in court. Wrongful death attorneys are very familiar with these deadlines and can help you craft your communications with these agencies.
Filing a Law Suit for Damages
Filing a lawsuit notifies your local court system that you intend to recover damages from the at-fault person or organization. This legal claim is built on your fact gathering information (i.e., site pictures, medical records, etc.) Your attorney will also write a legal argument on why the defendant should pay for your damages.
If you file a lawsuit, the at-fault organization or party must respond to you. This response is called an “answer.” If you don’t hear from them, the court might automatically rule in your favor. If the at-fault party disagrees with your arguments, your suit moves into the discovery process.
Discovery
After your lawsuit has been filed, both the defendant and the plaintiff sides exchange legal information and about your lawsuit. Each party “discovers” the other side’s evidence so that everyone involved can choose their best next steps.
During this phase, lawyers conduct what’s called a deposition. A deposition involves taking statements from witnesses before a hearing.
Both sides in the case can interview witnesses who must tell the truth. Once both parties have heard these statements, they can decide whether to proceed to trial or negotiate a settlement.
Negotiate a Wrongful Death Settlement
After the discovery phase, many courts may require attorneys for both parties to schedule a settlement conference with a judge to help the parties negotiate a settlement. The courts will often recommend that parties try to settle their case rather than endure a lengthy and expensive court action.
If both sides agree to privately settle the matter, then the lawsuit is dropped. Lawyers on both sides will create a settlement document that spells out expectations that suits both parties. If you and the other party can’t agree on a settlement, then your lawsuit moves forward to a hearing.
Wrongful Death Hearing
A hearing will be scheduled before a judge or jury to pass a final decision on the lawsuit. During the hearing, wrongful death lawyers will question and cross-examine witnesses. This is also the time when they submit evidence and present arguments.
During this hearing, either a jury or judge will have the final decision on whether the plaintiffs should recover damages. The jury or judge will also decide how much money can be recovered as well. Both plaintiffs and defendants can appeal a final judgment and award amount that doesn’t turn in their favor.
Next Steps
If you think you have a legitimate wrongful death claim on your hands, then you need to act today. Collect and organize your own records to outline the history of events leading up to your loved one’s tragic death.
Schedule appointments with as many different law offices as you can to find the right professionals to represent you. Be sure to ask them for specifics on their discovery and trial experiences.
You can also check out our website for more information on wrongful death cases. Use our online lawyer directory to help you find the attorney that’s right for you.
Should You File a Wrongful Death Lawsuit for Medical Malpractice?
Enduring the loss of a loved one due to medical malpractice is a painful experience. Besides the grief of unexpected death, families are left with their trust of healthcare professionals altered forever.
One option for families is to file a wrongful death lawsuit. Not only can successful litigation help recoup significant financial losses; it can also bring survivors a sense of closure.
Do you have a case for a wrongful death suit due to malpractice? Read on to find out what you should expect.
Who Can File For Wrongful Death?
The closest living relative of the deceased will often be the one to file. This could be a spouse, parent, or child. This person should also be the administrator or executor of the departed’s estate.
It’s important for the surviving family to agree on a representative to act on the deceased’s behalf. Should there be a dispute as to the chosen representative, a court of law may have to resolve to appoint someone.
Who Is Liable?
Both hospitals and doctors hold potential liability in malpractice cases. Each state has unique laws on medical malpractice. Which party is responsible will rely heavily on the specific situation that led to death.
Medical mistakes are now the third leading cause of death in the US. The umbrella encompassing those responsible is a large one, so there could be many potential defendants in a wrongful death suit. You can read more here about who can be guilty of medical errors in this article from the Law Office of Scott D DeSalvo.
What Damages Can I Claim?
Each state has rules on what damages can be recovered in a wrongful death case. In general, though, there are a few different types of damages that a deceased’s family is eligible for.
Customary damages can be lost earnings and employment benefits caused by unresolved illness. Medical bills and funeral expenses are often covered as well. Some states also allow a dollar amount to be placed on the pain and suffering of the deceased and their family.
If the deceased was a financial supporter of plaintiffs in the case, damages may also be awarded to offset the loss of support and income due to the untimely death. The burden of proof falls on the family to show that they were financially supported, and by how much.
Repayment of the deceased’s “expected contributions” might include college tuition, spousal support for the widow or widower, and other long-term payments.
Contact a Wrongful Death Lawyer
If you’ve lost a loved one due to medical error or negligence, you have a short window in which to file for legal action. Prosecuting the responsible party can ease the financial burden of funeral expenses and protect the family from losses in income and assistance previously provided by the deceased.
Navigating the restrictions of medical malpractice laws can be confusing, especially for a family still grieving. Wrongful death suits are best handled by a law professional with experience in criminal malpractice.
If you need help finding someone to represent your case, check out our guide on how to find the best medical malpractice lawyers.
How to Tell if You’ve Got a Legit Wrongful Death Lawsuit On Your Hands
Tragedies happen more than they should in this life. When someone dies as a result of another person or entity’s negligence, justice must be served. Families will likely want to file a wrongful death lawsuit against the person or entity responsible.
Such a lawsuit will seek damages and compensation for the family’s loss. This can include lost wages, funeral expenses, and more.
In the wake of such a tragedy, it’s hard to know which way is up. Is the death of your loved one legally considered wrongful death? We’ll walk you through everything you need to know about wrongful death claims below.
What Does The Law Consider A Wrongful Death?
One brings a wrongful death claim to court when a person dies due to the legal fault of another individual or entity. There are hundreds of thousands of such situations in a given year. It’s determining the idea of legal fault that becomes so tricky in most wrongful death cases.
Wrongful death is a relatively new concept in the American legal system. It was instituted over the last country in courts of all sizes and jurisdictions. Today, every state in the country has laws that cover wrongful death.
Car accidents, medical malpractice, and other such incidents all frequently fall under the umbrella of wrongful death. In most cases, negligence is a key factor in determining if an individual or entity is at legal fault when it comes to death.
Who Can Sue For Wrongful Death?
Many people feel the effect of the death of an individual. Our lives touch many, and family, friends, co-workers, and more may be deeply affected and saddened by such a loss.
But who is legally allowed to step up and file a lawsuit?
A wrongful death claim is filed by a survivor who has suffered damages as a result of the victim’s death. Who these individuals might vary from state to state.
In most cases, immediate family members will be the ones to bring the case to court. Spouses, children, and parents can recover damages under wrongful death laws in all states across the country.
In some states, domestic life partners and financial dependents have a right to such damages. And in only some states can more distant family members, like siblings, aunts, and uncles, and so forth, file such a case.
There are a few states that allow anyone with proof of financial suffering to sue. They do not have to have any blood relation to the individual to do so.
Determining Legal Fault
Most individuals and entities across the United States can be found guilty in a wrongful death case. Individuals involved in accidental deaths can be found guilty, but often so can manufacturers, designers, businesses, and establishments.
In some states, certain government agents or agencies have immunity against wrongful death claims.
In order to successfully receive damages for a wrongful death case, a number of things must be proved. An individual must have died, and it must be the result of another’s negligence. The survivors must have proof of financial suffering, and have been officially appointed to represent the deceased.
Proving negligence can be difficult. The court must establish duty, breach, cause in fact, and damages when proving that negligence has occurred. You should learn more about negligence and catastrophic injuries before trying to make a case.
It is possible for multiple parties to be negligent in a particular case. For example, both a driver and the manufacturer of a road could be found legally negligent in a wrongful death case.
Determining legal negligence can be tricky and requires the help of a trained legal professional. Make sure you have quality representation on your side when attempting to file a wrongful death suit.
Determining Damages For Wrongful Death
There are three types of damages that will be available in a wrongful death suit. They are economic, punitive, and non-economic.
Economic damages intend to replace the financial contribution that the individual would have brought to the survivors. This includes lost wages, benefits, and loss of potential inheritance. It also includes the costs of funeral and death services.
Non-economic damages include less tangible effects like emotional pain and suffering. They are damages intended to supplement the loss of guidance, love, and companionship the survivors would have received from the deceased.
Punitive damages aren’t available in every wrongful death suit. They intend to punish the defendant for bad behavior or extreme negligence. In some situations, the victims can have their attorney fees covered by the defendant.
Calculating the exact value of such damages can be extremely difficult. Loss of life isn’t easily quantifiable in terms of money, and there can be much debate and negotiation in determining such an amount.
That’s why it’s so important for those suing for wrongful death to have proper legal representation. Wrongful death damages can be slippery and it’s important for victims to get the amount that they rightfully deserve.
Often, expert witnesses and economists come in to offer their professional opinion on the proper damage amount. This process can include lengthy and often stressful calculations.
Do You Have A Wrongful Death Lawsuit?
Losing a loved one can be a terribly difficult time for anyone. The loss of a companion can be debilitating and disorienting. But it’s important to look at the facts surrounding your loved one’s death and determine if a wrongful death has occurred.
If it has, your family has the right to bring forward a wrongful death lawsuit and receive the damages they deserve.
Need more legal help? Check out our blog for more advice, tips, and tricks.
I Lost My Loved One, Can I Sue?: 5 Examples of Wrongful Death Cases
With medical errors now ranked as one of the leading causes of death in the US, there’s recourse in the medical world for wrongful deaths. However, there are a lot more examples of wrongful death cases that need to be accounted for when you lose a loved one. Your loved one may not be here to see justice, but you could seek it on their behalf to ensure that no one else has to pay bills to bury anyone they love.
Here are five examples of potential cases for a suit.
1. Lost During A Terrorist Attack
If you lose a loved one during a terrorist attack, you might think that it’s as random as an act of god, but depending on the context, you might have recourse. If your loved one works as an independent contractor and didn’t know the danger, that’s someone else’s fault. If they were misled about the dangers and other employees were warned, you need to talk about filing a suit.
While some attacks are random, others around the world come via conflict that a group is engaged in. If your loved one was an engineer working to create an oil pipeline across an area deep in conflict, they need to know the conditions. If they’re not warned that they’re stepping into dangerous territory or they’re left without protection, then you could seek compensation.
Some insurance policies now cover company employees in case there’s an attack. Other companies won’t agree to cover people in this case. You need to find out what the company’s insurance policy was.
This gets tricky when someone is a hired contractor, but if they’re in the vicinity of the attack, they’re due compensation. We live in a dangerous world, but that doesn’t mean that we should be at risk at our jobs.
2. Fatal Accident Caused By Commercial Driver
A road is a treacherous place, with people driving for hours while exhausted, driving while distracted, or driving dangerous vehicles.
If you spend a lot of time on the country’s many winding highways, you know how just a little bit of rain and bad timing can make you stressed out. With all of the large commercial trucks out on the highways, it’s an open secret that most drivers go for too many hours in one go. They’ll drive for 16 hours straight, using coffee, ephedrine, or even illegal substances to stay moving.
While this is the exception, not the rule, truck accidents from drivers who are overtired is a real danger to look out for. If your loved one was in a fatal accident because of a commercial driver, you should submit them to a toxicology test. This is customary from most insurance companies but could be overlooked within all the chaos.
While companies will blame road conditions, wildlife, or just about anything else other than driver negligence, you need to do your research. Looking into what caused the accident can help you to find out whether or not you’re owed compensation. A negligent and reckless driver should be held accountable.
3. Construction Accident
If your loved one is in the construction industry, an accident could end up turning into a fatal situation. When passing by a construction site, the people working on the site could end up leaving the site in a condition that creates an accident. People working on the site could end up being hurt by someone else’s negligence.
Unless your loved one is trespassing on a site, if they were standing in a safe zone, passing by, or a registered visitor, an accident isn’t their fault. When walking on a site, it’s customary to wear safety gear and a hard hat. However, those safety items can’t protect for all of the conditions that make a construction site dangerous.
A construction accident that takes the life of your loved one is tragic no matter what. If it comes due to someone else’s negligence, then it’s infuriating. Someone should be held responsible for the accident.
You’ll have a strong case if there’s clear negligence at play either from people working on the site or from the company running it.
4. Death in a Commerical Building
If your loved one dies in a shop, at a warehouse, or any kind of place where business is conducted, there’s recourse for you. If they were struck by a falling fixture, hurt by another type of building element, or attacked by an employee, then you should have a strong case.
In most commercial buildings, there is insurance to cover the people who are working there. There’s also coverage to ensure that visitors get what they’re owed when they suffer due to the people on site. Liability insurance is meant to ensure that you get what you’re owed in the case of wrongful death.
Any kind of negligence or faulty elements in a building that harm someone else makes you due for a lawsuit. See what Sweet Lawyers can offer if you want to know whether you have a case.
5. Poisoned By Food Products
If you’re one of the many people who has contracted something due to commercial food products, you have a case. If this gets to the point where your loved one is fatally poisoned by one of these products, there’s a likelihood you could sue.
Food products must be adequately tested and monitored to ensure that they don’t contract fatal or dangerous bacteria. This is especially true with natural perishable food products like greens, cheeses, and animal products. They can quickly contract problems that spread across a whole site.
Someone killed by inadequate testing would be due money from the company who failed to test the products.
Examples of Wrongful Death Cases
When you look at all the potential examples of wrongful death cases, you’ll notice that the main throughline is negligence. When someone has the life of someone else in their hands and fumbles, they should be held accountable.
If you or your loved one is still here to fight for an injury case, check out our guide for more info.
Stevens-Johnson Syndrome: Do You Have a Medical Malpractice Case?
What is Stevens-Johnson syndrome?
Stevens-Johnson syndrome (SJS) and the related condition toxic epidermal necrolysis (TEN) are serious and potentially life-threatening disorders that can affect your skin and the moist inner lining of certain organs.
SJS/TEN are rare skin reactions, but when they occur, they are considered medical emergencies and usually require hospitalization. These two conditions exist on a spectrum. While SJS is indeed a serious medical emergency, TEN is even more severe and life-threatening.
Flu-like symptoms – fatigue, fever, sore mouth and throat, cough, and burning eyes – are usually the first signs of SJS/TEN. Skin-related symptoms occur later. A painful reddish-purple rash spreads and turns into blisters. These blisters can appear on the lining of the mouth, nose, eyes, and genitals.
After blistering, the outer layer of skin dies, peels, and eventually heals. The extent of skin involvement distinguishes SJS from TEN:
- SJS is a skin peeling on 10% or less of the body.
- SJS & TEN overlap and are defined as skin peeling on 10-30% of the body.
- TEN is defined as skin peeling on more than 30% of the body.
SJS/TEN can occur at any age, but most frequently affects children and young adults (ages 20-40 years old). People with history of bone marrow transplants, systemic lupus erythematous (SLE), or chronic joint diseases are at increased risk of developing the condition.
What are the expected outcomes for someone with SJS/TEN?
In the short term, SJS/TEN can be debilitating and painful. Sores on the linings of the mouth, throat, genitals, and eyes can make normal bodily functions difficult. For example, it can be difficult for affected individuals to eat or close their mouths. Their eyes can become swollen shut. Sores in the lining of the digestive and respiratory tracts can cause diarrhea, pneumonia, and make it difficult to breathe.
Because skin loss is a primary characteristic of SJS and TEN, subsequent fluid loss, organ failure, and infection are significant concerns.
SJS and TEN are short-term conditions, but they can cause lasting, chronic effects. After recovery, a person may have to cope with difficult and expensive health outcomes for the rest of their lives:
- Infections like cellulitis (skin infection) and sepsis (potentially fatal bloodstream infection)
- Damage to the cornea, possibly resulting in loss of vision
- Respiratory disorders like acute respiratory failure and chronic obstructive pulmonary disease (COPD)
- Permanent skin damage (bumps, pigmentation, abnormal nail growth, itching, sweating, and dryness)
Unfortunately, some people who develop SJS/TEN do not survive the condition and related complications. The death rate associated with SJS is 5%. The death rate associated with TEN is up to 25% in adults and less than 10% in children.
What causes SJS/TEN?
Seventy-five percent of SJS/TEN cases are caused by medications, while 25% are caused by certain conditions, infections, or have an unknown cause (idiopathic SJS/TEN). Despite these statistics, the likelihood of developing SJS/TEN is typically due to a combination of genetic, environmental, and immunological factors. Certain groups of people are more likely to develop SJS/TEN:
- HIV-positive
- Weakened immune system
- Personal history or family history of SJS/TEN
- Belonging to an ethnic group that carries the HLA-B 1502 gene (e.g., Chinese, Southeast Asian, Indian)
Infections that have been known to precipitate SJS/TEN include:
- Herpes simplex (genital herpes or cold sores) or herpes zoster (shingles)
- Pneumonia
- HIV
- Hepatitis A
Other conditions that could cause SJS/TEN include graft-versus-host disease (GVHD) and some vaccinations.
Antibiotics like penicillin are the most common medication triggers of SJS/TEN, but there are several other medications that can cause the disease:
- Anti-gout medications like allopurinol
- Anticonvulsants like phenytoin (Dilantin), carbamazepine (Tegretol), lamotrigine (Lamictal), valproic acid (Depakote) and phenobarbital
- Antipsychotics
- Cough and cold medications
- Nevirapine, an HIV drug
- NSAIDs, especially those that end with -oxicam
What does treatment of SJS/TEN involve?
SJS/TEN treatment is intense and expensive. Almost always, a person who develops either condition will be hospitalized.
First, the doctor will discontinue all non-essential medications to try to determine the cause. The core of treatment will consist of wound care to prevent infections, eye care, and fluid replacement. Pain medications, anti-inflammatory drugs, and antibiotics may also be required.
Expensive medications and procedures may also be necessary:
- A medication called cyclosporine may help shorten the duration of blistering.
- Immune globulins can help block antibodies to prevent additional damage.
- A plasma exchange may help remove substances from the blood that may have caused SJS/TEN.
Beyond the burdensome length of hospitalization, the type of care the affected person requires also adds to the expense. Because of the nature of SJS/TEN, the patient will need a specialist doctor and placement in an intensive care unit (ICU) and/or burn unit. Skin regrowth can take 2-3 weeks, but full recovery may not be complete for months.
Do I have a medical malpractice case?
Families who have been impacted by Stevens-Johnson syndrome or toxic epidermal necrolysis unfortunately understand how dire circumstances can become. Without prompt, emergent treatment, people who develop SJS or TEN may not have the opportunity to recover completely or at all.
Furthermore, the short-term and long-term expenses of caring for someone who has experienced SJS or TEN can be prohibitive.
If you’re wondering whether you have a medical malpractice case, the medical malpractice lawyers at Hampton & King can help. Contact them today at (713) 489-0993 for a free consultation.
Word From the Experts: How a Wrongful Death Lawsuit Works
Losing a loved one in a serious accident is one of the most traumatic experiences you can suffer.
Nothing can erase the pain, but there’s a legal solution to getting monetary compensation if someone else caused the accident.
When someone’s death occurs at the fault of another party (such as a car maker), their family members can sue for wrongful death. Such a case seeks damages for the loss incurred by the deceased’s dependants, like lost companionship, lost earnings, and funeral expenses.
Here’s an overview on how a wrongful death lawsuit works. You’ll find out what it is, the common causes, who can bring a wrongful death suit, and how to bring a wrongful death suit.
What’s a Wrongful Death Suit?
Representatives of the victim file a wrongful death suit when someone dies due to the wrongful or negligent act of another individual. In the case of a negligent or intentional homicide, the prosecutor can bring charges and start a criminal case against the party responsible.
However, the deceased’s family also has a civil option in bringing a wrongful death case against the party at fault for the death.
The deceased’s family can recover various damages. Some of these damages include the deceased’s pain and suffering before death, medical bills, and lost wages. A jury may also award compensation for the loss of financial assistance and companionship from the deceased.
What Makes up a Wrongful Death Lawsuit?
In any wrongful death case, the family of the deceased can bring a case that the death was due to the defendant’s actions. To have a successful wrongful death case, the deceased’s family must show:
- That the defendant caused the victim’s death
- The defendant was negligent, reckless, or intentionally caused the death of the victim, or that the accused was strictly liable in causing the victim’s death
- There are surviving dependents and beneficiaries
- The surviving dependents and beneficiaries have suffered financial loss after the victim’s death
Common Causes of Wrongful Death
Lawyers that focus on wrongful death lawsuits and claims are usually involved in various cases with familiar causes, such as:
- Birth injuries
- Medical malpractice
- Product defects
- Motorcycle, automobile, or truck accidents
- Premises accidents
- Occupational hazards and exposure
- Assisted living and nursing home abuse and neglect
- Criminal actions like stabbings, shootings, and blatant violence
- Supervised activities like field trips, day care, and adult care
Who Can File a Wrongful Death Suit
A representative of the deceased’s family must bring forth a wrongful death case. In most cases, it’s the executor of the deceased’s estate who files the claim.
The deceased’s beneficiaries and dependants vary with states, so read more here.
Immediate Family Members
Immediate family members such as spouses, kids, and parents of singletons can file wrongful death suits in all states.
Distant Family Members
In some states, distant relatives like siblings and grandparents can file wrongful death claims.
For instance, a grandparent who’s looking after a child can sue for wrongful death.
Parents of a Dead Fetus
Some states allow parents to file a wrongful death suit if their fetus dies. Several other states don’t allow this. In those states, parents can only sue for wrongful death if the child was born alive and died shortly thereafter.
Life Partners, Putative Spouses, and Financial Dependents
In some states, a life or domestic partner, a putative spouse (someone who strongly believed they were in a marriage with the deceased), or a financial dependant can file a claim.
All People Who Suffer Financially
In some states, everyone who suffers financially due to the death can file a wrongful death case for lost support or care. This applies even if they aren’t related to the victim by blood or marriage.
What’s Statute of Limitations
Learning the statute of limitations in your state is an important step when filing a wrongful death lawsuit. Each state has its own time limits within which someone can bring a wrongful death suit.
For example:
- The statute of limitations in Florida is two years from when the death occurred.
- The statute of limitations is also two years in California.
- The statute of limitations in Montana is three years.
In some cases, the wrongful death statute of limitations takes effect from the date of the death while in others it’ll take effect on “discovery of harm”.
For instance, if a doctor fails to diagnose cancer and the error isn’t discovered for years, the statute of limitations might not begin until the patient discovers cancer.
If your state’s statute of limitations has run out, then, unfortunately, you won’t be able to file a wrongful death suit.
How to File a Wrongful Death Lawsuit
At first, your lawyer might try to settle your case by demanding compensation from the defendant. If your case isn’t settled here, your next move is to file a certain document known as a complaint to get the wrongful death case started.
The plaintiff is the individual filing the lawsuit while the defendant is the person hit with the lawsuit. The complaint gives the reasons why the defendant is being sued by the plaintiff. It also states the law supporting the plaintiff’s case and what damages are being demanded by the plaintiff.
A third party serves the complaint to the defendant.
The defendant has a specific time to respond to the complaint, like 20-30 days. This response is normally known as an answer. The reply states the defendant’s defense against the plaintiff’s claim and aims to get the plaintiff’s claim dismissed.
Hire an Experienced Wrongful Death Attorney Today
If your loved one died due to another company’s or person’s negligence or wrongful actions, you should hire a local wrongful death attorney.
With more than 300 law firms across the country, Halt Lawyer Directory is the best resource for finding the right attorney for your needs.
For more legal information and advice about a wrongful death lawsuit or other cases, be sure to browse through our blog.
What Price is the American Public Paying for the Sake of Advancing Medical Science
Over the course of the last several days, there has been a flurry of discussion regarding Netflix’s latest documentary, The Bleeding Edge. Much like its predecessors (Making a Murderer, The Keepers, Evil Genius), this hour and forty-minute film (directed by Kirby Dick and produced by Amy Ziering) takes a very raw and uncensored look at the $300 billion medical device industry and how, every year, thousands of innocent people fall victim to its profit-driven agenda; begging the ultimate question, what price is the American public paying for the sake of advancing medical science?
Sadly, The Bleeding Edge is rife with examples of the price Americans are paying for the sake of advancing medical science. Interviews with women having received the Essure permanent birth control device reveal how over 35,000 women have had their lives reduced to chronic pain, autoimmune disorders, and hysterectomies as a result of Bayer’s failure to report the side effects associated with its device. Individuals having received metal hip implants discuss their development of cobalt chromium metal poisoning and the related onset of debilitating neurological deficits. Other women detail the multiple and painful surgeries they have undergone in an attempt to remove the vaginal mesh strangulating their bodies, which had originally been used to help stabilize and reinforce weakened pelvic muscles often caused by childbirth and aging. Even more women discuss how sections of their colon exploded from their bodies following their surgeons’ use of the robotic, da Vinci System.
For years, industry has pushed this idea that newer is better and that new and “innovative” medical devices put us on the “cutting edge” of science. However, The Bleeding Edge most accurately dispels this myth, delving into the world of medical devices, exposing the stark reality of how industry’s push for “innovation,” coupled with a lax regulatory system, actually puts us on The Bleeding Edge of science, as every time a patient agrees to the implantation of a medical device, he or she is unknowingly subjecting his or herself to unimaginable harm, or even death.
THE MEDICAL DEVICE INDUSTRY IS ONE OF THE MOST POWERFUL INDUSTRIES IN THE WORLD
Over the last ten years, 70 million Americans have been implanted with a medical device. These devices are a part of our everyday lives, ranging from dental floss and tongue depressors, to pace makers and catheters. Stryker, one of the leading manufacturers of hip and knee replacement components had a net revenue of $12.7 billion in 2017. Bayer, the manufacturer of several contraceptive devices, including, Mirena and Essure, made well over $40 billion in revenue, and Johnson & Johnson, a manufacturer of vaginal and hernia mesh made over $76 billion in revenue in 2017. The profit margin of the medical device industry is frightening in that it has afforded these companies the opportunity to infiltrate our lives under the guise of medical advancement, all the while exposing us to perilous harm.
THE PROCESS BY WHICH THE FDA APPROVES MEDICAL DEVICES IS SIGNIFICANTLY OUTDATED
The Bleeding Edge highlights the misconception under which many Americans operate – that their medical device has been adequately tested and deemed safe and effective for use by the FDA. Since 1976, it has been the responsibility of the Food and Drug Administration (FDA) to regulate the approval of medical devices. However, since 1976, the complexity, type, and number of medical devices has vastly increased, but whether they are released for public use is still based on a system created over 40 years ago; one clearly incapable of contemplating today’s technology.
98% of all medical devices are not tested prior to approval. Rather, manufacturers are able to acquire approval of medical devices by the system known as the 510(K) process. To obtain approval under the 510(K) process, a manufacturer is only required to show that its device is substantially similar to another (predicate) device that was previously approved by the FDA; absolutely zero safety testing is required. This is true even if the predicate device was taken off the market for safety concerns. Per the FDA, in considering a 510(K) application, it does not check the predicate device for safety issues, or to see if it has been removed from the market; it only looks to confirm that it was actually approved by the FDA. Consequently, much like a genetic mutation, approving a product that is based on the design of a device that has been found to be unsafe, promotes the production of faulty devices in generations to come.
WE CAN NO LONGER RELY ON THE MEDICAL DEVICE COMPANIES AND THE FDA TO DO WHAT IS IN THE BEST INTERESTS OF PATIENTS
Even more, The Bleeding Edge calls attention to the seemingly biased and corrupt workings of the FDA. FDA officials and physicians charged with the responsibility of determining whether a device should be approved, more often than not, have stock or other monetary interests in those exact devices before them for approval. For example, prior to Dr. Scott Gottlieb (current FDA Commissioner) being appointed commissioner, he not only worked as a consultant to a range of medical industries, but he worked for a venture capitalist firm, New Enterprise Associates, that specialized in the investment of startup medical device companies, which has invested $14 billion in over 500 companies, including the development of the very controversial permanent birth control device, Essure.
MEDICAL DEVICE MANUFACTURERS ARE NOT HELD ACCOUNTABLE
Another misconception addressed by The Bleeding Edge is that the FDA has the data it needs to regulate or recall medical devices. Some safety issues with a device do not become apparent until after the device is already on the market. In these instances, a manufacturer has an absolute obligation to monitor and report such safety issues (adverse events) to the FDA. If enough adverse events are reported for a particular device, the FDA will then decide if the device needs: further safety testing; stronger warnings; or to be pulled from the market altogether. However, if the FDA is unaware of the adverse events, it cannot make the decisions necessary to protect us. The disturbing and unfortunate reality of the situation is that only 3-4% of adverse events are reported by device manufacturers, and the more severe an event, the less likely it is to be reported. Thus, the whole idea of the FDA relying on a company to essentially “tell on itself” when something goes wrong with a device, when billions of dollars of profits are at stake, is not only counter intuitive, but a system that completely fails the American people.
Leaders in industry argue that to impose stricter regulations on how medical devices are approved, is to stifle innovation. However, as Bleeding Edge explains, the aim of regulation is not to stifle innovation, but to call real attention to the safety risks that these newer and “innovative” devices pose to patients. After all, innovation doesn’t necessarily mean better. It means “massive adoption of new technology with little evaluation of the outcomes”, or “putting untested devices on the market.”
HOW THE YOST LEGAL GROUP CAN HELP
For years the attorneys at The Yost Legal Group have litigated cases against device and drug manufacturers all in an effort to not only bring awareness to the same issues addressed by The Bleeding Edge, but to hold those same manufacturers accountable for the devastating injuries they have caused our clients. Presently, our firm is involved in the following litigations against various device and drug manufacturers.
- ESSURE PERMANENT BIRTH CONTROL: Currently investigating cases against Bayer, involving women who have had to have a hysterectomy following their implantation of the permanent birth control device, Essure.
- HERNIA MESH: Currently investigating claims against several manufacturers, including Johnson & Johnson, C.R. Bard, and Atrium Medical, on behalf of individuals having suffered serious complications from synthetic mesh implanted during hernia repair surgery.
- IVC BLOOD CLOT FILTERS: Currently investigating cases against device manufacturers, C. R. Bard, Cook Medical, and Cordis, involving individuals having suffered serious side effects, including death, following their implantation of an IVC blood clot filter.
- SMITH & NEPHEW HIPS: Currently investigating cases against Smith & Nephew, involving individuals who have had to have additional hip replacement surgeries following their implantation of the Birmingham Hip Resurfacing (BHR) System, or the R3 Acetabular System, both of which have multiple components made of cobalt chromium metal.
- STRYKER LFIT V40: Currently investigating claims against Stryker, on behalf of individuals who have had to have additional hip replacement surgeries following their implantation of the Stryker Rejuvenate Modular Primary Hip System, the AGB II Modular Hip System, or the LFIT V40 femoral head, all of which contain metal on metal components.
- MIRENA IUD: Currently investigating cases against Bayer involving women who have been diagnosed with intracranial hypertension following their implantation of the intrauterine device (“IUD”), Mirena.
- DIABETES MEDICATIONS (Januvia, Janumet, Tradjenta, Byetta, Victoza, Onglyza, etc.): Currently investigating claims against various manufacturers, on behalf of individuals having been diagnosed with pancreatic cancer following their use of medications belonging to a class of drugs known as incretins (Januvia, Janumet, Tradjenta, Byetta, Victoza, Onglyza, etc.), prescribed to treat type 2 diabetes.
If you or a loved one has been injured as a result of a faulty medical device or defective drug, The Yost Legal Group may be able to help. Our team of experienced legal professionals is here to offer you free, individual consultation. We serve as the voice of our clients to hold Big Pharma accountable and obtain the justice each one so rightfully deserves. Call The Yost Legal Group (1-800-YOST-LAW) today. Let us be your voice.
Semi-Truck Accidents Explained: Here Are 5 Things to Keep in Mind
When you’re the victim of a semi-truck accident, it’s natural to wonder what to do next. When you understand the law and how the legal system works for accident victims, you can do the right things to protect yourself. Here are the answers to five common semi-truck accident questions:
Is Indiana a no-fault state?
Indiana is an at-fault state for semi-truck accidents. Because Indiana is an at-fault state, you can bring a claim for recovery any time the semi-truck driver is legally liable for your injuries. There are no special rules about collecting first from your own insurance or any requirements about certain types of injuries. You can seek compensation from the semi-truck driver any time they’re legally responsible for the accident.
What do I have to prove to win?
To win your case, you show that the semi-truck driver caused your injuries by driving in a negligent, reckless or intentionally harmful way. You don’t have to prove that the other driver caused the accident on purpose. Instead, you have to show that the semi-truck driver acted without reasonable care and caution in a way that caused your injuries. Because they drive large vehicles for commercial purposes, semi-truck drivers have very high standards to drive carefully on the road. If they’re not careful and the result is that you suffer injuries, you may receive compensation.
What if I might have done something that added to the accident?
It may still be possible to bring a claim for compensation after a semi-truck accident even if you think your actions may have contributed to the accident. Under Indiana law, you can still win compensation as long as you’re not more than 50 percent to blame for the crash. You can present evidence at trial in order to explain the events leading up to the accident to the jury.
Can I still bring my case if there’s a criminal case?
A semi-truck accident may result in a criminal case against the semi-truck driver. The driver may face charges of drunk driving, reckless driving or other criminal offenses. Even if the state’s attorney brings criminal charges against the semi-truck driver, there are several reasons to pursue a civil claim in addition to the criminal charges.
The standards for proof are different in criminal and civil cases. You can win your case even if the driver doesn’t receive a conviction for criminal charges. In a civil case, you control the presentation of evidence. In addition, there are broader categories of damages that you can claim in a civil case than are available to a victim in a criminal case.
Is there a way to hold the driver’s employer responsible?
The best course of action may be to bring a claim against the driver and their employer. Corporations who employ semi-truck drivers have a duty to employ safe drivers. They must make sure their employees are qualified drivers and that they employ safe practices like getting enough rest. If the employer’s failures led to the accident, the employer may be liable as well as the driver.
Navigating after a semi-truck accident
A semi-truck accident can be a life-changing experience that leaves you frustrated and confused. Indiana’s at-fault system allows victims to seek compensation when they’re hurt because of a semi-truck accident. Your time to bring a claim may be limited. General legal principles of negligence apply to semi-truck accident cases. In some cases, the driver’s employer may also share legal liability.
How Long Does a Personal Injury Lawsuit Take to Settle
The cases of personal injuries arise when someone gets injured resulted from the negligent or intentional acts. Talking about personal injuries, it is divided into two parts, i.e., physical injury and psychological injury. Physical injury can be raised due to the traffic accident, injury at work, or injury caused by other intentionally. Psychological injuries cause stress. If you are not getting proper treatment or vaccinations in hospital, then this can also be treated as the psychological and physical injury.
Personal injuries can result in high cost. You may need immediate treatment for the injuries, but the treatment can be very expensive. However, as per the law, you have the right to file claims for compensation and also can register a case against the wrongdoer.
For this, you may need to take help of a personal injury lawyer. The lawyer will help you to get the rights compensation that you deserve for your injury. The best personal injury attorney will help you in filing a personal injury lawsuit. There are some cases which are resolved in informal ways by settlement negotiations. If the case is a serious one, then that goes to trial. Generally, in the lawsuit, the person who suffers from the personal injury seeks a determination that the defendant has some legal faults and a determination of money which fair compensation for the injuries will be suffered.
What does the victim need to prove in Court?
The victim here must prove that he or she is innocent and the third party causes the injuries. The complainant must prove that the defendant owed a legal duty of care to the person suffers from injuries under the circumstances and also need to prove that the defendant has failed to fulfill legal duty by doing or not doing something that caused the victim to suffer damages and loss. For example, if you have faced a car accident happened due to the negligence of third party or the defendant, then you must have to prove that it was the fault of the defendant. You can file for a settlement or compensation.
Damages which can be considered as the personal injury
When you injured in an accident, you file a lawsuit for compensation. You are entitled to financial compensation for your injuries. The money is awarded for your pain and injuries. This is called as damages. As per the law, the defendant is responsible for paying damages to the plaintiff or the injured person, if the defendant is found guilty.
The common types of damages are compensatory damages which are paid to compensate an individual for loss, injury, or damages incurred from third party’s carelessness. In the field of personal injury, damages are awarded if there was a breach of wrong civil action. The applicant or the injured person get compensation based on the position of the damages.
However, in case of personal injury damages, it is divided into two categories, i.e., special damages and general damages.
Under the general damages, the injured party is compensated for their injuries by monetary aspects. General damages may include:
- Physical pain.
- Emotional suffering.
- Disfigurement.
- Mental or physical impairment.
Here you must prove that these damages occurred as a result of the injury and not pee-existing conditions. After that only you will be entitled to get compensation.
Now, talking about special damages, the victim is compensated for the monetary losses suffered because of an injury caused by the third party. Monetary compensation can be awarded for many numbers of reasons. But some common reasons are:
- Lost earnings.
- Repairing or replacing property.
- Compensating for irreplaceable items.
- Covering extra costs associated with the injury.
In the case of repairing or replacing property and seeking compensation for any irreplaceable items, you must prove that your property was damaged in the accident or wrongful event caused by others. Otherwise, you may not ask for compensation.
Detail information about damages and compensation
Pain and Suffering:
You have the right to get compensation for your physical pain and mental anguish that you have suffered and will endure in the future because of your injury. Such damages also called as non-economical damages.
Medical expenses for treatment:
You have the right to receive compensation for all medical bills incurred in the treatment of injuries. You also can claim for the compensation for future medical treatment expenses.
Damages that lead to loss of earning:
You are also qualified to get monetary compensation for your loss of earning capacity due to injuries. Your earnings like lost wages or salaries, bonus, commissions and fringe benefits all are recoverable, and you can file a claim for this.
Loss of future is earning:
If you have lost your future earning capacity in an accident caused by the third party, you can file a claim to recover the value of your future earning capacity.
Damages lead to wrongful death:
Damages for wrongful death claims are available for your wife, parent, and child. The persons connected by blood or by marriage, who is depended upon the deceased, can ask for rightful recovery.
Deformity:
Its related to marks or scars caused by injury. You can file for compensation associated with deformity.
Injury leads to damage to the marital life:
Sometimes, serious injuries can damage the marital relationship. If such situation arises, you have right to recover for assistance, conjugal, loss of sexual relationship and affection.
Harm to the personal property:
For example, if you faced an auto accident and your vehicle gets damaged, you are entitled to recover the cost. If the vehicle is destroyed, you can ask for replacement cost. Apart from that, you may recover the cost of alternative transportation incurred while your vehicle is being repaired.
Where to file personal injury lawsuits and what are the after that?
Generally, all the personal injury lawsuits come under state court’s jurisdiction of the country, where the damages or injuries have occurred. If the parties in a personal injury case live in other states, then for such cases the personal injury lawsuits can be filed in the federal trial courts.
Here, the lawyer of the victim develops a legal complaint which will contain all the allegation and then register the case with the required court. After that, the lawyer gets a summon from the court where the case is registered. Then the lawyer gives a complaint, summons and a list of damages on the defendant. After that, the defendant will be given 30 days to submit the answer. If the defendant fails, the victim can seek a default judgment against the defendant.
However, if the defendant has submitted the answer, the attorney of both the parties, i.e., the victim and the defendant will start the further legal proceedings. Both the sides will be called for interrogation to know the facts about what happened, who is at fault and what is the measure of the damages. The lawyer of the defendant will be given the copies of the medical treatment bills or damages bill, and the lawyer will determine if the total cost is reasonable. Sometimes, the defendant’s attorney hires experts to evaluate the nature of the injury and the expert will give an opinion the amount is reasonable or not.
The personal injury attorney may hire accident investigator to determine how the events at issue unfolded. Another important factor is the deposition. The lawyers for both sides will interrogate the involved parties and witness. The recorded facts and information are transcribed. That information is transcribed and can be used in for trial.
Information that the attorney will need from you:
- The date of the accident.
- Contact details of any witnesses.
- All the information related with the personal inures that you have and medical diagnosis and what type of treatment you received.
- Whether you have any insurance policies for a legal procedure or not? Such insurance can reduce your legal fees or expenses.
- Some evidence which can prove your earning loss and damages.
- Insurance documents which can cover your losses like health insurance and vehicle insurance.
- Documents related to any previous claiming case.
Personal injury trial period
During the trial period, the judge will analyse the evidence and witness and will decide who is legally responsible for the injuries of the victim. Then, the victim will be given a chance to present the case, and the defendant can try to refute that case. The defendant can submit the proofs related to the case to prove his or her innocence. Sometimes, the situation can arise like the defendant will admit the liability but will not agree with the nature of injuries and necessity of the victim’s treatment. However, after both side’s arguments, the judge will determine who is guilty and will inform the amount of money or compensation a defendant must pay.
How long does a personal lawsuit take?
Well, the duration of the case can vary with the cases. It is not possible to give a perfect answer about how long the lawsuit will take. There are some cases which take at least a year from the date of filing the complaint to get to settle, and some may take around six months. So, it is quite unpredictable. However, a personal injury lawsuit can take 2 to 3 years to get settled.
Factors that play an important role in personal injury verdict
The important factor that can affect in determining the verdict of a personal injury lawsuit case it the jurisdiction. Each jurisdiction follows different laws which are based on:
- The process of fault determination.
- How is the level of harm evaluated?
- What kind of personal injury is the person suffering from?
Some jurisdictions follow unique laws in the determination of evidence that are admissible in the court.
Is it possible to resolve the personal injury case before the verdict?
Yes, there are some cases which can be settled before trial verdict. As per the record, most of the claims related to accidents do not move to trail round as they are resolved through a settlement, outside of the court. Some cases are adjudicated before the filing of the lawsuit. However, to settle a personal injury lawsuit, the victim must give up the right to ask for further claims against the party with whom the victim is settling in exchange of money paid by the party or by the insurance company.
How much compensation is the victim entitled to get?
The value of compensation depends on the damages that you have received from the personal injury. The personal accident attorney can help you to evaluate the value by examining your medical treatment and medical bills. Each personal injury cases is unique. You can’t just follow normal calculation procedure to evaluate the damage. The attorney considers facts and circumstances under which the damages have occurred and then determine the perfect value of your compensation.
To win the case, your attorney needs to develop an adequate and simple method to present your case before the jury. The attorney needs to explain the laws which are related to the case with sufficient evidence. Your injury attorney will try the best to prove that the defendants should be held liable and will offer compensation to the victim for the damages that the defendant has caused. Well, it may sound very simple but, the process is very complex and can be very lengthy.
Some attorney uses video and audio aids to assist the case at trial. It can strengthen the case. Nowadays, most of the judges prefer to go with audio and visual aids. Photos of the accident and videos of events help the judges to understand the issues. Don’t start the case with boring practices or monotonous questionnaires. Such method will not help you to prove your case.
The most important thing that your injury attorney should do above all is to give you a fair assessment of your situation. If the attorney doesn’t think that the case is strong enough to go to court, the attorney will inform you that. If your case is solid and you have the proper evidence, the lawyer will, and the case can be settled in few months.
When Should You Hire a Personal Injury Lawyer?
Have you recently been injured in a car accident? If you have, you may be wondering whether or not you should hire a personal injury lawyer. After all, he could help you file your claim against the insurance agency.
To find out what you should do, take a look below.
We’ll provide a clear guide to when you need to work with a personal injury lawyer versus when it may not be necessary. With this information, you can make the best decision for your current situation.
When Should You Hire a Personal Injury Lawyer?
If you want to, you can file your personal injury claim against the insurance agency completely on your own.
To do that, though, you need to have time available to research the claims process. Submitting a claim is easier when you only sustain a mild injury.
Mild Injuries
If you have time on your hands and haven’t sustained any serious injuries, you may be better off just to file the claim yourself.
Since you only have mild injuries, your case isn’t going to be too complex, so you won’t have as much need for an attorney for personal injury. Plus, you won’t have to worry about figuring out how to find them.
What’s more? Attorneys don’t work for free. If you want to save money and not have to pay legal fees, it’s best to represent yourself.
Severe Injuries
The severity of injuries is often determined by the following factors:
- The type of injury (or injuries)
- The cost of your medical bills
- How long it will take to recover
Severe injuries typically fall into two categories. They are either long-term injuries that may take a year or more to fully recover from, or permanent – meaning you will be disabled for the restof your life.
If you’re in a car accident and sustain a serious injury (or multiple injuries), you’ll want to have a personal injury lawyer represent you. They will have access to more resources than you do and can help you win your case.
Some personal injury lawyers will work for a contingency fee. This means you’ll only need to pay them if you win your case.
If you’re located in Phoenix, Arizona, for example, and have recently been seriously injured, Zanes Law will work with you. It’s no need to worry about the bill until they’re successful in recovering your financial compensation. This is an example of a firm that operates on a contingency fee.
Hire a Personal Injury Lawyer to Represent You Today
In the event that you have sustained a long-term or permanent injury as a result of a car accident, hire a personal injury lawyer to represent you.
With our easy to use “Search for a Lawyer” function, you can find the right lawyer for you faster than you can say “We won!”
Don’t wait. Resolve your case today!