Schrier Law Group handles many cases, but one of the most difficult is the wrongful death suit. Wrongful death claims are brought against a defendant who has caused one’s death, either through negligence or as a result of intentional action. Wrongful death claims allow the estate and/or those close to a deceased to file a lawsuit against the party who is legally liable for the death.
When Does a Wrongful Death Claim Apply
A wrongful death claim can arise after situations in which a victim who would otherwise have a valid personal injury claim is killed as a result of the defendant’s wrongful action.
This can occur in a variety of situations, including:
- When a victim is intentionally killed
- When a victim dies as a result of medical malpractice
- Car accident fatalities involving negligence
These are just a few examples of personal injury cases that can turn into wrongful death claims. A wrongful death claim can stem from almost any kind of personal injury situation.
What Must Be Proven
In order to hold a defendant liable in a wrongful death claim, the plaintiffs in the claim must meet the same burden of proof that the victim would have had to meet had the victim lived. So this means showing that the defendant owed the victim a duty of care, that the defendant breached this duty, that the breach of duty was a direct and proximate cause of the death, and that the death caused the damages that the plaintiff is trying to recover.
Who Can File a Wrongful Death Claim
A wrongful death claim is usually filed by a representative of the estate of the deceased victim, on behalf of survivors who had a relationship with the victim. Exactly who those survivors are can vary from state to state.
In all states, a spouse may bring a wrongful death action on behalf of his or her deceased spouse. Parents of minors may also bring a wrongful death action if one of their children is killed, and minors can collect compensation for the death of a parent.
Where states start to disagree is whether parents of adult children can sue, whether adult children can sue for the wrongful death of their parents, whether grown siblings can sue for wrongful death, or whether extended relatives like cousins, aunts, uncles, or grandparents can sue. Usually, the more distant the familial relationship is, the harder it will be to get a legal remedy via a wrongful death case.
Wrongful Death Damages
Damages in a wrongful death claim—categories of losses for which a survivor might be able to receive compensation—include:
- the deceased person’s pre-death “pain and suffering”
- the medical treatment costs that the deceased victim incurred as a result of the injury prior to death
- funeral and burial costs
- loss of the deceased person’s expected income
- loss of any inheritance as a result of the death
- value of the services that the deceased would have provided
- loss of care, guidance, and nurturing that the deceased would have provided
- loss of love and companionship, and
- loss of consortium
The Schrier Law Group handles many wrongful death cases, and Schrier Law has the resources necessary to help you and your family score a successful outcome in any wrongful death case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
Schrier Law Group is not surprised to let you know that the state of Florida alone has over 400,000 car accidents per year. These accidents bring about over 250,000 injuries and over 3,000 fatalities. All of these accidents can usually be blamed on the negligence of one of the drivers involved.
When these accidents occur, you need a personal injury attorney that will aggressively back you in a court of law. The Schrier Law Group in Florida is the team that brings their years of personal injury expertise to the table. If you need an attorney to aggressively represent you after being injured due to the carelessness of another person’s actions, then call Schrier Law Group today.
What Types of Cases Does a Personal Injury Attorney Take
Personal injury is a very broad term that encompasses all injuries that have been caused due to the negligence of another. Examples of these situations are:
- Auto Accidents
- Slip and Fall Accidents
- Medical Malpractice Lawsuits
- Wrongful Death Claims
- Construction Accidents
- Pool Injuries & Drownings
- Product Liability Claims
- Boating Accidents
- Truck Accidents
- Work Accidents
All of these are examples of accidents that can happen when another person is being careless. Many of these accidents can leave you with a long period of pain and recovery. This means a lot of lost wages and time. You deserve to be compensated for the loss of wages, medical bills, psychological impacts of the accident, lost time, and the price of having to suffer through it all.
The Schrier Law Group handles many personal injury cases, and Schrier Law has the resources necessary to help you and your family score a successful outcome in any personal injury case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
Schrier Law Group will be the first to tell you, that when it comes to litigation, it is important to know which entities tend to settle and which tend to fight tooth and nail when it comes to medical malpractice (or any legal lawsuit). And while we fight for our clients the same way, either way, it is good to know what companies tend to do.
Florida’s Office of Insurance Regulation has put out an annual report (for 20 years now) on the condition of the medical malpractice insurance market that provides an inside look at insurers regarding strength, claims responses, and more. The 2020 report, which focuses on the top 20 medical malpractice companies in the state, is especially useful when trying to find out which insurance carriers litigate claims versus how many close their cases with payments.
“What we find most useful is the closed claims data chart, which lets us understand each company’s claims philosophy,” said Matt Gracey, CEO and medical malpractice insurance specialist at Danna-Gracey, the largest independent medical malpractice insurance agency in Florida. “Are they going to fight a claim that’s defensible, or settle everything they can to avoid a big shock loss?“Some insurers take the position that it’s a lot better to settle cases because the doctor and the insurance company aren’t exposed if they can get the doctor out for limits of liability or less,” he continued, adding that claims totaling more than $10 million are becoming more frequent. “Others believe in fighting anything that’s defensible, which is what most doctors want so as not to blemish or ruin their reputations.”
One of the most difficult of all the personal injury lawsuits is the medical malpractice cases. These end up being extremely expensive cases that rely on proving the medical provider acted upon the patient with negligence. This negligence therein led to injury or harm to the patient. Most medical malpractice cases lead to very expensive bills. You’ll be going up against medical company and medical professional attorneys. Not only do you require the payments for the attorney and trials, you have medical bills that are most likely substantial enough to want a medical malpractice case.
What is Important in Determining Negligence?
The entire medical malpractice lawsuit is based on whether the provider didn’t give proper care, performed procedures that injured and or harmed the patient in a large manner. That is a key factor in this. Unless a medical malpractice case involved damages that are very significant, then most of these cases won’t be accepted by many lawyers.
Some examples of medical malpractice are:
- Unnecessary surgeries
- Poor care: Prior or post procedure
- Failure to recognize symptoms
- Overdosage or underdosage of medicine
These are just some of the examples of medical malpractice. However, these cases can become very complicated. The main things you’re looking for is either the failure to provide a standard of care for a patient, negligent care in procedures leading to injury or harm, and significant damage at the cause of negligent behavior.
In all manners of professions, people occasionally get negligent in their duties. This does not make it ok to cause damage to another person. If you or a loved one have been involved in medical malpractice and believe to have evidence enough to support your claim, contact an attorney today. The Schrier Law Group is here to support you as aggressive personal injury attorneys and will do our best to get you compensated with the money you deserve.
According to the National Center for Health Statistics, there are over 40 million visits to the emergency room for injuries in the United States per year. Most, if not all of these incidents, usually qualify for some type of Personal Injury claim. A personal injury claim truly only requires injury of a person due to the negligence of another in any manner. Our team the Schrier Law Group specializes in getting compensation for those that have been affected negatively due to the negligence of another.
Most Common Causes of Personal Injury Claims
Each and every personal injury case has its own set of legal procedures and processes. In order to stay in the know, its important to have an idea of what kinds of personal injury cases there are. Here are some of the most common forms of personal injury claims.
The most common form of personal injury claims attributes to the large amount of motor-vehicle Accidents within the country. Millions of people are hurt in a car Accidents every year due to the negligence of another. If you have been injured in a motor vehicle as a driver or passenger, then you may be entitled monetary compensation.
One of the most unfortunate situations, is when you attempt to receive help from a medical professional and they fail you. If a medical professional has given you treatments that have been below a standard level of care and ended up causing you hard, you may qualify for a medical malpractice claim.
It is quite difficult to account for everything within a place of work to have a constant safety to it. However, it is your employer’s responsibility to ensure that the workplace is safe and won’t cause any harm to employees. If you’ve been injured due to the negligence of an employer or unsafe working conditions, you may qualify for a personal injury claim.
If any of these situations pertain to you, then immediately contact the Schrier Law Group today!