How A Wrongful Death Attorney Can Help You With Medical Malpractice Situation

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Losing someone you love during a common surgical procedure or some other event where medical treatment is applied can be very painful. If the death was caused by poor medical care, including medical malpractice, it is in your best interest to get advice from a lawyer who handles wrongful death cases. Here are three ways a wrongful death attorney can help you receive financial damages for your loss:

A Lawyer Will Gather and Preserve Valuable Legal Information

Once you've hired a lawyer to help you with a malpractice claim, he or she will be able to subpoena all of the records that were made concerning your lost loved one's medical treatment. Your lawyer can also obtain affidavits of what happened by doctors, nurses, and medical staff, as well as take depositions of all who may be responsible for the death of your family member. These official documents can make or break a case, as well as prevent crucial facts from being lost.

A Lawyer Will Calculate for You What You Are Legally Owed

One of the biggest mistakes people with wrongful death claims make is accepting an amount from the insurance company that is well below what they are legally due. This happens because they have no legal knowledge of how to evaluate a wrongful death case. Using a comparison between recent and past judgments for similar cases to yours, and speaking with doctors who can determine what the life expectancy of your family member would have been, a lawyer can legally substantiate a sum that you are owed. Which will make it much more likely you'll receive the maximum amount.

A Lawyer Will Begin the Legal Process and Help You Reach a Settlement

With an appropriate valuation of what you are owed, and with supporting records and testimony, your lawyer will file a claim against the malpractice insurance policy of your family member's doctor. This will begin the process that leads to settlement. Usually a claim is followed up by mediation between your lawyer and the insurance company, and in most situations, a settlment is reached out of court. If you have a case that goes to trial, you will likely pay significantly more in legal fees; however, winning the case may allow you to have your legal fees paid for by the opposing party.

Although most people would like to think insurance companies will treat them fairly in a malpractice situation, the truth is, most of them only seek to pay the minimum amount that's legally allowed. To get what's fair, it's best to have a legal advocate on your side in these situations.

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24 July 2016

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