How does Physician-Patient Privilege Affect Wrongful Death Cases?
Physician-patient privilege is a legal concept that protects a patient’s right to privacy of their medical records. This means that without a patient’s consent, a physician is not usually permitted to share their patient’s private or protected health information with anyone. There are some exceptions to physician-patient privilege, including a court order for medical records.
The protection of patient records becomes difficult after someone is deceased, with some believing that a patient’s privacy should continue after their death while others believe that privacy should end after death.
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Read MoreSeeking Compensation For a Wrongful Death Bike Accident
As cities like Bellingham, WA have become more bike friendly the number of bikes sharing the road with cars has grown. With more bikes on the road, the risk for bike versus car accidents increases. According to federal data shared on Streets Blog USA, cyclist fatalities rose 10 percent while traffic fatalities overall fell one percent in 2018. This was the second year in a row to see an increase in cyclist fatalities. When a bicycle versus car accident happens because of the reckless or negligent behavior of a driver, it is often the unprotected cyclist who pays the price.
Read MoreDo I Have a Legitimate Wrongful Death Claim?
A wrongful death claim is brought when there is evidence that a person died because of the legal fault of another individual or entity. Negligence or an intentional act are the two most common ways to attribute legal fault in a wrongful death case. A wrongful death claim seeks justice for the loss of a loved one through financial compensation, whereas a criminal case seeks jail time for the defendant. Many wrongful death claims arise from car accidents, medical malpractice, physical assault, nursing home abuse, and workplace hazards.
Read MoreWho Can File a Wrongful Death Lawsuit in Washington State?
When a person was killed due to the negligence or criminal behavior of another, they may have suffered a wrongful death. Common wrongful death cases include people killed by:
- A drunk driver
- Physical assault
- A long-haul truck driver high on drugs
- Medical malpractice
- Exposure to toxic chemicals on the job
- A defective product
- Nursing home abuse
Wrongful death lawsuits are filed on behalf of the family who has been wrongfully deprived of a loved one through the negligence or criminal act of another. These lawsuits seek to ease the financial burden of the survivors who are now dealing with unexpected expenses and lost wages. A successful claim will recover for a variety of financial damages including funeral expenses, lost services such as childcare, medical expenses, lost earning potential and inheritance.
Read MoreRichmond, B.C. Trampoline Park Sued for Wrongful Death of B.C. Man
The family of a B.C. man who died while jumping at an indoor trampoline park in Richmond, B.C. on Jan. 20, 2018 filed a wrongful death claim on June 20. The wrongful death lawsuit claims that Extreme Air Park Inc. failed to meet their duty to ensure Jay Greenwood’s safety.
The 46-year old man died after doing several somersaults and other acrobatic moves into the foam pit at the park. On the final landing the man was seriously injured and went into cardiac arrest.
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Read MoreWhen Cycling Accidents Cause Wrongful Death
Car accidents are the most common cause of wrongful death cases – when a person is killed as a result of the negligence or intentional act of another person or organization. Cyclists who are hit by motor vehicles, especially trucks, have a very high likelihood of injury and death. Per billion vehicle miles, 1,011 cyclists are killed or seriously injured, compared to 26 car drivers.
Read MoreTop 7 Causes of Wrongful Death
In Washington State, a case qualifies under the “wrongful death” statute when “the death of a person is caused by the wrongful act, neglect, or default of another.” Wrongful death may occur as a result of many situations including medical malpractice, when a person dies under the care of another, car accidents or criminal acts.
If a person is killed because of the wrongful conduct of a person or persons, the decedent’s heirs and other beneficiaries may file a civil lawsuit – specifically a wrongful death action – against those responsible for the decedent’s death. A wrongful death lawsuit must be proven by a “preponderance of the evidence”, which is easier to demonstrate than the “beyond a reasonable doubt” standard necessary for conviction in a criminal case.
Read MoreHow to Use Cancer Screenings
Cancer takes the lives of too many Americans. Can anything be done to help prevent cancer deaths? Scientists continue to develop tests aimed at finding specific types of cancer before signs or symptoms present themselves. These tests could be part of a health screening regimen that your doctor may follow or recommend. The main goals of cancer screenings are to:
- Reduce or eliminate the number of people who die from cancer.
- Reduce the number of people who develop cancer in the first place.
Cancer screenings by type
Read MoreCardiovascular Disease Health Screenings
Not all disease can be prevented but taking care of ourselves through lifestyle and health screenings can minimize our risks for serious health problems. The effects of cardiovascular disease are one of the biggest causes for early deaths in the United States; in fact, heart disease is the number one killer of women.
Cardiovascular Disease health screenings
Read More5 Reasons to Hire a Wrongful Death Attorney
Unfortunately, wrongful deaths do happen. If your loved one passed away but their death could have been prevented, you may be looking to sue for damages in a wrongful death case. Accidental deaths can occur anywhere, under any circumstances. A workplace accident, a fall on city property, a car accident, a surgery gone awry, and an infection incurred during a hospital stay are all examples of potential wrongful deaths. A wrongful death attorney will help you fight for and receive compensation for your loss.
5 Reasons to Hire a Wrongful Death Attorney
1. Earn All Damages. An experienced wrongful death attorney knows the ins and outs of the laws in your state and will use them to your advantage. He or she will know what other similar cases earned in damages and fight to get you the full amount that you deserve. If the loved one who passed away was a primary breadwinner, you could be looking at millions of dollars in damages in a legitimate case.
2. Success in Court. Many wrongful death suits are filed but then settled out of court. Those that do reach court, however, must be presented in front of a judge. A wrongful death attorney will be by your side during all court proceedings to advocate for you.
3. Valuation of Damages. You may feel that you are owed damages in the wrongful death of your loved one but it would be very difficult to determine the amount that you are really owed without the help of an experienced wrongful death lawyer. Your lawyer will evaluate the particulars of your situation and compare it to other similar cases to determine an amount to pursue.
4. Claiming Life Insurance. Many insurance companies use complicated legal procedures and loopholes to try and get out of paying life insurance claims as their profitability relies on denying claims. A wrongful death attorney knows how to work around these loopholes and fight for every penny of your insurance payout.
5. Reassurance and Support. If you have lost a loved one you are likely in a fragile emotional position. Having a supportive and experienced wrongful death lawyer working for you can be very reassuring.
Every state has different laws around wrongful death including the statute of limitations to file a claim. Filing a medical malpractice claim is a complicated matter and should be left to a legal professional.
Losing a loved one is always difficult but if you believe they passed away in a wrongful death you are dealing with even more. It is wise to seek the professional guidance of a personal injury attorney who can help you determine whether you can bring a wrongful death action and estimate the damages to which you might be entitled. The caring attorneys at Tario & Associates, P.S. have the expertise to fight for the compensation you deserve and the compassion to help walk you through your situation. Do not wait until the Statute of Limitations is almost up; call today for a FREE CONSULTATION!
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