When a relative suffers a wrongful death, filing a lawsuit is not always about financial gain. The at-fault party is often forced to act to prevent others’ deaths even if the case is settled outside of court. Below are several things to know about wrongful death and personal injury cases.
Medical Malpractice Death Suits Are Not Always Financially Motivated
Almost 98,000 deaths are caused by medical errors each year in the U.S., and patients are left at the mercy of a flawed industry. Physicians commonly deviate from the standard of care, leaving patients with overwhelming expenses at a vulnerable time. However, a medical malpractice suit filed by a wrongful death attorney in Gig Harbor tends to generate negative publicity that forces medical centers to implement reforms. These changes give future patients an increased chance of survival.
Civil and Criminal Cases Aren’t Mutually Exclusive
It is possible for a person to file a wrongful death claim and to press criminal charges. Civil and criminal law are separate areas, and many file civil claims if the criminal case does not succeed. To win damages, a plaintiff must prove:
* The defendant had a duty.
* The duty was breached.
* The breach caused a wrongful death.
* The breach was intentional or negligent.
* That the estate has a personal representative.
It Isn’t Always About Broken Laws
An individual or business may be held liable if imprudence occurs. For instance, a medical practice deviating from the standard of care is considered to be negligent. If a death occurs because of imprudence or it happens when a party takes unnecessary risks, the victim’s family can contact Anthony C. Otto to file a wrongful death claim.
Wrongful Death Is a Complex Concept
Damages in wrongful death cases are quite complex, and they are not limited to economic losses. A victim’s family can claim damages for loss of companionship, guidance, care, pain and suffering, and loss of consortium. In the latter case, damages are given when spouses lose intangible benefits like comfort and marital relations.
A skilled wrongful death attorney in Gig Harbor can represent clients aggressively, and they are willing to take a case as far as it can go. If the case is successful, it will compensate the victim for losses, and it may prevent others from suffering a similar fate by forcing the at-fault party to make preventive changes.