Wrongful Death

The legal definition of wrongful death is “the taking of the life of an individual resulting from the willful or negligent act of another person or persons.”  A lawsuit for wrongful death may only be pursued by a personal representative of the decedent’s estate.  A representative may also pursue action pertaining to pain and suffering, personal injury, and/or medical expenses occurring prior to the decedent’s death.  Any damages collected will become property of the estate and thus distributed … [Read more...]

Traumatic Brain Injuries

According to the Center for Disease Control and Prevention, approximately 1.7 million people sustain a traumatic brain injury (TBI) each year.  Of those, 1.365 million result in emergency room treatment, 275,000 result in hospitalization, and 52,000 result in death.  Over 35 percent of TBIs are caused by slip and fall accidents, and more than 17 percent are the result of automobile accidents. Traumatic brain injuries are categorized as mild, moderate, or severe, as determined by the … [Read more...]

Preparing for a Medical Malpractice Case

Do you suspect you have cause to sue for medical malpractice?  While the laws regarding medical malpractice vary some from state to state, there are some general rules which can help you to know that you had a case. First, you have to be able to prove that a formal doctor-patient relationship existed between you and the individual you wish to sue.  This means that you hired the doctor to treat you and the doctor agreed to the arrangement.  An informal doctor-patient relationship, such as you … [Read more...]