Personal Injury Damages Based on Wrongful Death
Within the field of personal injury law, there are a number of complexities that defer from state to state, and in some instances, even city to city. Personal injury law encompasses a number of different circumstances as well, car accident, construction site injury, slip and fall, on the job injuries, wrongful death, medical malpractice, and more. The most troubling of such instances often falls within medical malpractice cases, and wrongful deaths. Because these are extremely complex fields, they require a level of experience and tact that one can only get from a qualified personal injury attorney Zephyrhills and the surrounding cities, have a vast number of personal injury attorneys, however few can match the results of Charles Spinner, Esq. and the team at Spinner Law Firm. With their extensive track record and their attention to detail they have been able to provide their clients with amazing success rates, winning millions in compensation for their clients. For any personal injury attorney Zephyrhills and the nearby areas offers a competitive backdrop, and very complex laws, especially in reference to wrongful death. They set out a specific set of guidelines on what can be claimed in the event that a medical malpractice case, leads to the death of a patient.
As with any medical malpractice claims it is important that the patient or claimant show two specific things prior to making a claim: 1) the malpractice/negligence of the doctor caused the injuries in some way and 2) a financial approximation can be set onto these damages. In the event the patient dies however, there are 2 specific laws that must be adhered to. For any personal injury attorney Zephyrhills lawmakers call these, “survival statutes” and “wrongful death statutes”.
· Survival statutes
Survival statutes state that the heirs of family left behind by the deceased patient, are allowed to recover any damaged that are incurred during the time period from the initial medical malpractice until the death of the patient. Essentially, it covers all damages that were to be provided had the patient lived, in any normal malpractice suit, except anything pertaining to future bills or earning capacity. Charles Spinner, like any experienced personal injury attorney Zephyrhills has practicing, will undoubtably also seek reimbursement for things like funeral expenses (sometimes covered in the wrongful death statutes).
· Wrongful death statutes
While the survival statutes are in place for current and past financial compensation, the Wrongful death statutes are in place for compensation based on future monetary losses. For any personal injury attorney Zephyrhills laws make this quite a complex task, as it can take into account factors such as the deceased future earning capacity, the patient’s spending, saving, and working habits. While typically, the wrongful death statutes haven’t covered any pain and suffering or emotional losses incurred due to the patient’s death, recently some states have made some concessions for it in some states. Also, who is covered by the statute must be determined by the courts as in some cases, the wife and kids can be covered, but the victims parents cannot be – and of course in some states they can be.
The death of any spouse or family member can be a tragic event in your life, to hold the negligent party accountable, and get the justice you deserve be sure to contact Spinner Law Firm today.