If a relative has suffered a wrongful death or personal injury, bringing a claim is not always about financial gain. The businesses or individuals held liable are, typically, forced to act to prevent future injury and death, even if the case is settled outside the court system. Below are some things for clients of Northfloridaautoaccidentlawyer.com to know about wrongful death and personal injury cases.
Medical Malpractice: It’s Not a Quick Way to a Big Windfall
Over 98,000 people die because of medical errors each year in the U.S., and patients are held at the mercy of a flawed industry. A wrongful death attorney in Live Oak, FL sees many cases each year where patients are victimized when a treatment is harmful or does not meet their needs. In the mental health sector, misdiagnosis is prevalent, and physicians are likely to deviate from the standard of care. Medical malpractice cases generate a significant amount of publicity, and hospitals are often forced to reform. Improvements in treatment increase patients’ chances of survival.
Civil and Criminal Cases Can Go Hand in Hand
It is possible for a surviving family member to file criminal charges and bring a claim for wrongful death. Criminal and civil law are separate entities, and families bring a civil case when a criminal case does not result in a guilty verdict. To have a successful claim, a plaintiff must document that:
- The defendant had a duty to follow the law.
- The duty was breached.
- The defendant’s behavior caused the death.
- The behavior was negligent or intentional.
- The estate has a representative.
Not All Cases Are About Criminal Violations
Individuals and businesses can be held responsible when their actions are deemed imprudent. For instance, a doctor deviating from the standard of care is considered negligent. Imprudence and negligence can apply in other sectors as well, as evidenced by recent cases involving automotive manufacturers.
A wrongful death attorney in Live Oak, FL will aggressively represent clients while offering personalized service. If the case is successful, it will compensate the family for their losses, and it may prevent future events by compelling the at-fault party to make preventive changes.
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