BusinessHABPersonal injury lawyer los angeles cz.law: When you or a loved one is injured through the fault of another individual, business or organization, it can be an extremely trying time. You may be feeling stressed, confused and unsure of where to turn next. If you or someone you know has been injured due to medical negligence or intentional harm by another person, we can help you understand your rights as well as the various steps to take moving forward.
To assist you in navigating this difficult time and ensure that your rights are protected, we have compiled a brief guide to understanding the personal injury, medical malpractice and wrongful death processes if you or a loved one has been hurt due to someone else’s carelessness, negligence or intentional actions.
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Your Guide to the Personal Injury, Medical Malpractice and Wrongful Death Process
When someone is injured because of the wrongful or careless actions of another party, that person may be able to pursue financial recovery for their damages.
These can include medical bills, lost wages, pain and suffering, and other related expenses.
If you were hurt due to another person’s carelessness or negligence, you may be able to receive compensation for your pain and suffering.
To learn more about the personal injury, medical malpractice and wrongful death process as they pertain to you and your situation, read on.
What is a Wrongful Death?
A wrongful death is the death of a person due to the wrongful act of another person.
A wrongful death claim can be brought by a representative of the deceased person’s estate, such as a surviving spouse, child, or parent. There are two types of wrongful death claims – survival actions and survival actions.
The main difference between the two is that survival actions are brought by the estate of the deceased, while survival actions are brought by the survivors of the deceased person.
Death is a terrible thing, but it does not necessarily need to be financially devastating.
If a loved one passes due to the wrongful act of another party, he or she may be able to pursue financial recovery for their damages.
These can include medical bills, lost wages, pain and suffering, and other related expenses.
When You Can Pursue a Wrongful Death Claim
In order to pursue a wrongful death claim, you must show that the death of a loved one was the result of the wrongful conduct of another person or entity.
The death must also have happened no more than two years after the person sustained the injury that led to their death.
In order to prove that the death was the result of another person’s wrongful act, you must show that the following elements are met:
A Death: The person must have died as a result of the injuries they sustained.
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This could mean that they died due to their injuries, or that they died because they were incapable of seeking damages due to their injuries.
Proximate Causation: The wrongful conduct must have been the proximate cause of the decedent’s death.
Proximate cause means that the wrongful conduct was the factual and legal cause of the death.
Fault: You must also show that the person or entity responsible for the death was at fault for their actions.
You can do this by proving that the person or entity acted negligently, recklessly, or deliberately.
You must also prove that their actions were the proximate cause of your loved one’s injuries, and that these actions were negligent or reckless.
Expectation of Survival: In order to file a wrongful death claim, the decedent must have been expected to survive the injuries they sustained.
If they were expected to die, you would pursue a survival action.
The Process of Filing a Wrongful Death Claim
The process of filing a wrongful death claim largely depends on the state in which you live. Each state has its own laws and statutes pertaining to wrongful death cases. For this reason, you should contact a wrongful death attorney in your area to discuss your case and the best way to proceed.
Medical Malpractice Basics
In order to pursue a medical malpractice claim, you must show that the healthcare provider you worked with committed an act of negligence while treating you. Negligence is a failure to act as a reasonably prudent person would in similar circumstances. You must also show that the negligence was the proximate cause of your injuries. For this reason, medical malpractice claims can be tricky, as there are often other factors involved in the injury a person suffers. If you believe that you have a medical malpractice case, you should contact a medical malpractice attorney in your area.
When You Can Pursue a Medical Malpractice Claim
In order to pursue a medical malpractice claim, a healthcare provider must have committed an act of negligence while treating you. You must also show that the negligence was responsible for your injuries.
While every medical malpractice case is different, there are some general guidelines to follow in determining whether or not you have a viable claim.
Someone Else Was Harmed: The first thing you must do is determine whether or not someone else was harmed by the same healthcare provider.
If they were, you can join their lawsuit and pursue the same damages they are after.
Proximate Cause: The negligence of the healthcare provider must have been the proximate cause of your injuries. This means that their actions were the factual and legal cause of your injuries.
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If there are other factors that may have contributed to your injuries, you may not have a viable claim.
Healthcare Provider’s Negligence: The healthcare provider’s negligence must have been a breach of the standard of care.
This means that the healthcare provider failed to meet the standard of care expected of their profession.
Expectation of Survival: If you are filing a medical malpractice claim on behalf of a deceased loved one, you must show that they were expected to survive the injuries they sustained.
If they were expected to die, you would pursue a survival action.
The Process of Filing a Medical Malpractice Claim
The process of filing a medical malpractice claim largely depends on the state in which you live. Each state has its own laws and statutes pertaining to medical malpractice cases. For this reason, you should contact a medical malpractice attorney in your area to discuss your case and the best way to proceed.
Conclusion
Personal injury lawyer los angeles cz.law: Wrongful death claims and medical malpractice claims are some of the most complex personal injury cases. For this reason, it is best to contact an attorney as soon as you suspect that you may have a claim. You should begin by creating a timeline of the events that led to your injuries and the events that followed. It is also a good idea to keep all medical records and take pictures of any injuries you sustain. These steps can help you build a stronger claim and avoid missing any key details.
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