Wrongful Death and Medical Malpractice Settlement Dearborn
Facts About Your Wrongful Death and Medical Malpractice Settlement Dearborn, Michigan
In today’s legal landscape, we have seen quite a strong rise in the number of civil cases being filed year over year, across much of the entire United States. With issues such as the coronavirus pandemic, and increases in negligent actions from individuals, more and more men and women are looking towards the courts to handle their issues and discrepancies between one another. While some might see this exponential rise in the number of personal injury lawsuits as a bad sign, and it certainly does have its negative points to it, the fact of the matter is that in some ways it can be taken as a bit of an evolution in people’s thinking. While bouts of road rage to accidents, and other issues between one another may have ended in violence or other poor reactions in years past, to have the courts decide upon disagreement and negligent actions, is certainly a smarter way to tackle things. And with the rise in the number of personal injury issues, it has led to an increase in other side ventures of the personal injury world, the most clear and obvious being the world of plaintiff funding Dearborn having seen quite an increase in this field of late. With the economy having seen a most recent downturn, and many individuals having taken pay cuts or losing their jobs entirely due to the pandemic, it has prevented many people from properly being able to file personal injury lawsuits, and forced many individuals into poor medical malpractice and wrongful death settlements Dearborn experts at Express Funding of America have said. When it comes to such grave issues like wrongful death and medical malpractice settlements Dearborn individuals are able to make incredible use of these funding opportunities and it also allows them to withstand the financial pressures of life, and ensure their attorneys can spend the time needed to negotiate a quality settlement agreement. in this article we will be exploring some facts about these types of settlements and how legal funding fits into the process in Dearborn, Michigan.
Like many other states, Michigan has its own state specific laws that govern the process for medical malpractice and wrongful death settlements Dearborn plaintiffs should familiarize themselves with these laws as best they can, in order to help not only understand the process but to be able to help benefit their attorneys with their knowledge.
What is Wrongful Death, from a Medical Malpractice Purview?
When it comes to personal injury law, medical malpractice and wrongful deaths are generally two separate categories, however they are often combined in a situation in which a doctor or medical provider’s negligence reaches such a level that it leads to the death of a patient. This has become quite a common circumstance in recent years, especially in specific fields such as plastic surgery or cosmetic medicine. In the state of Michigan, a claim may be brought to court as a wrongful death case if it involves a death “caused by wrongful act, neglect, or fault of another.” (Michigan Compiled Laws section 600.2922.) Another way of thinking about this is to say that a wrongful death claim may be brought in most situations where the deceased person could have brought a personal injury case, except that his or her death prevented them from serving as plaintiff. If the injured person passes away, the claim may be brought as a wrongful death claim. As a civil case, it means two specific things:
· it is filed by the estate or family of the deceased person directly, and
· liability is expressed solely in terms of money damages (which are paid by the defendant if they are found liable).
When this individual is a doctor or medical professional, it is essentially almost like two cases in one, as you are seeking to obtain damages based upon the death of a loved one, due to certain medical standards not having been followed during their care. A wrongful death claim differs from a criminal case, which is filed by the state and in which penalties may include jail or prison time, probation, or fines. In Michigan, a wrongful death claim can be filed even if the death is already the subject of a criminal case.
Who Can File a Wrongful Death in Michigan?
Michigan’s wrongful death law requires the personal representative of the deceased person’s estate to file the wrongful death claim. Within 30 days of filing the claim, the personal representative must send written notice to family members, letting them know about the claim. In Michigan, the following family members of the deceased person can seek compensation via a wrongful death claim – spouses or children, parents or grandparents, brothers & sisters, children of the deceased spouse, and any individual who has been named as a benefactor in the individual’s estate, in any capacity, family or not.
Finances & Damages
Dearborn and other parts of Michigan, as with many other parts of the country have seen somewhat of an economic downturn in recent years, especially of late. and due to this, it often prevents people from being able to file such a lawsuit, as we mentioned before, this is where with the help of plaintiff funding Dearborn citizens can acquire the funds to go through court. When it comes to such lawsuit loans Dearborn experts at Express Funding can provide individuals with advances on what is to be expected as either a settlement or trial victory. With these lawsuit loans Dearborn families can use the funds to pay off daily bills, legal bills and lawyer fees, medical bills that the late relative has accrued over time, and more. One of the best things that plaintiff funding provides is the ability for individuals to hold off for longer, allowing their lawyer to negotiate the best possible wrongful death settlement Dearborn experts at Express Funding believe. All too often, when filing for a medical malpractice settlement Dearborn doctors and their insurance companies will make initial offers that are deemed as ‘low-ball’ numbers, and in the event a family or individual is badly in need of cash, they may be forced to take it. However, by accepting lawsuit loans Dearborn plaintiffs can then hold out much longer, and obtain the best possible settlement for them. Now when it comes to damages, if the estate establishes that the defendant is legally liable for the death of the deceased, the court may award money damages to the estate. Damages that may be available in a wrongful death case include:
· reasonable hospital, medical, funeral, and burial expenses
· lost wages and income, including the value of wages and income the deceased person would likely have earned in the future, if he or she had lived
· pain and suffering endured by the deceased person in his or her final moments
· costs related to damaged property
· pain and suffering endured by family members as a result of the death, and
· loss of care, companionship, and other intangible benefits family members enjoyed via their relationship with the deceased person.
And possibly even more on the medical malpractice side, in the event the deceased had to seek out additional medical help to correct the ‘botched’ one that ultimately led to their death. For more information on settlements and funding overall, be sure to contact Express Funding or America today.