The 4 Guidelines of a Medical Malpractice Lawsuit

November 14, 2017 0

Losing a loved one has left you sad and feeling a sense of grief. When the death was the alleged result of the actions of a specified party and they are not being held accountable for their actions, this can leave you angry, upset, and disappointed.

Wrongful death is defined as a civil action where damages are sought against a party that caused a death. This legal action is usually undertaken by the family of a victim where criminal proceedings, for whatever reason, have failed. If you are planning on filing a wrongful death lawsuit against a party in the death of your loved one, there are many ways an attorney can assist you in the process.


1. Objective

As mentioned, the death of a loved one can bring about a range of emotions and these can cause you to be irrational and make poor choices. If you make the decision to file a wrongful death lawsuit, an attorney can look at your case with an objective eye and prevent emotionally-charged decisions from being made.

The medical malpractice lawyer can pursue the lawsuit based on the merits of the case and act in the bests interests of the plaintiffs rather than taking it on and acting based on the impulses of the individual or family. In a wrongful death case, an attorney can act as a sober second thought to the individual or family filing the lawsuit, ensuring that they make decisions that will increase the chances of an outcome that will be satisfactory.

2. Experience

Wrongful death falls under the umbrella of personal injury law in Canada. While there are many personal injury attorneys in this country, you want to guarantee that the attorney you hire has experience in wrongful death cases. An experienced attorney knows what it takes to prove a wrongful death case and can inform you at the onset whether or not the case should be pursued.

In the event the attorney takes on your case, he or she will be skilled at building an effective case through processes such as reviewing medical records and occurrence reports, talking to witnesses and investigators, and interviewing experts in fields relevant to the case.

3. Can work with insurance companies

It is often the mandate of insurance representatives to keep costs down when negotiating with claimants so initial settlement offers are often low. Tactics employed by these companies can often be considered aggressive and inconsiderate, causing stress and anxiety to living victims of a wrongful death who may already be struggling emotionally as the result of the death of their loved one.

Attorneys experienced in wrongful death lawsuits can advocate on your behalf when dealing with insurance companies and are not intimidated by their aggressive practices. They can fight for and protect your rights and in the event that the insurance company makes an offer of compensation, an attorney can review it on your behalf and accept, reject, or counter-offer if deemed necessary.

4. Representation at trial

If a settlement cannot be reached or the accusation of negligence is challenged in a wrongful death lawsuit, the case often goes to trial for a judge or jury to decide. Attorneys know what information they need to prove a case and are effective in interviewing witnesses, experts, and defendants through court testimony. In order for a defendant to be held liable, a plaintiff must prove that the defendant had a duty such as keeping a person safe or not causing harm.

It must then be proven that the defendant breached this duty and that the death resulted because of the breach. An attorney experienced in wrongful death will be very familiar with the need to prove these elements and give you the best chance of receiving compensation as a result.