Consider Yourself “Lucky” you Have a Lawyer on Your Side After a Wrongful Death Occurs to a Loved One
How an attorney can help you navigate after a wrongful death
Even though finding the pot of gold at the end of the rainbow is a childish idea we remember during St. Patrick’s day, there are more serious times in which a little bit of luck and the right decisions can make a big difference. Handling a wrongful death of a loved one definitely fits this scenario.
We understand that losing a loved one is never an easy process. These hard steps, however, can be even harder when the loss of a loved one has been caused due to someone else’s negligence or misconduct.
So what exactly is a wrongful death case?
According to this Enjuris.com article, “These are civil actions brought by the surviving family members of a decedent who passed away prematurely because of the negligent actions of another. These careless actions are the underpinnings of the case. Additionally, these actions are meant to compensate the living members of the family, not the decedent. Courts do take into account the pain and suffering of the decedent, but they are part of the overall picture.
If you’re struggling to feel “lucky” after an unfortunate situation, here’s how hiring an attorney could be the ray of hope you and your family are in need of:
Determining and Getting Compensation
Many times, after a wrongful death the person at fault (a doctor, a careless driver, the company who developed a dangerous product) can be sued. Even though this can vary from state to state, generally, those who can benefit from compensation are:
Taking the stress and responsibility off your shoulders
If you’re grieving the loss of a loved one, it’s understandable that you might not be in the right state of mind to negotiate with insurance companies, state conditions and a series of complicated processes. This could only lead to you missing deadlines and potentially getting less money … inarguably a high-stress situation for anyone. Luckily, an attorney with the right negotiating skills and experience will help you get the compensation you and your family deserve.
Ensuring you’re making the right decisions
Because a wrongful death lawsuit must be filed by a representative on behalf of the eligible survivors who suffered harm from the decedent’s death, it’s important to find the right professional who will fit your needs, make you feel comfortable and help you understand the steps to follow.
Contact Us Today
Even though an attorney won’t bring your loved one back, let us help you navigate these murky waters by providing professional guidance and the support you need at this time. Contact us today to learn more about skilled professionals that will help you through this situation.
I am fascinated by the idea of something called “tort reform.” A lot of politicians and political commentators tell us that we need this “tort reform” in order to preserve our freedom. Here is what we normally hear: “Plaintiff’s personal injury lawyers file too many frivolous lawsuits against businesses, and this lawsuit abuse costs businesses a fortune which is then passed on to all of us, so we need “tort reform” to protect us all.” About half the time, these comments refer to lawsuits against doctors and other members of the medical profession. You’ve heard it: “Our healthcare is outrageously expensive because these stupid lawyers keep filing frivolous lawsuits against doctors, so we need “tort reform” to protect our doctors, and to keep our healthcare costs down!” But like so many topics that are discussed in political forums, while the words sound reasonable, when you look just beneath the surface, you realize that the words are hollow and empty and are meant to persuade people of something that is false. So I would like to discuss the facts behind the political concept of “tort reform”, and I genuinely believe that I will convince you that what these folks are calling “tort reform” is unnecessary, deceptive, and like so many other political ideas, the concept of “tort reform” is designed to protect the most powerful among us at the expense of all of the rest of us.
Author: Robert Lamb
On behalf of Perrotta, Lamb & Johnson, LLC posted in blog on Wednesday, March 21, 2018.
People who have dementia and are in a nursing home may be at higher risk of being over medicated. For example, in one Kansas facility in 2017, the director of the home said that it had been "like a death prison." Half of the residents were reportedly taking anti-psychotics, but the staff cut these medications by half over six months. The director noted that only 10 percent of the patients actually had a mental illness.
Why does this happen? What are the signs that a loved one could be over medicated?
A preference for docile patients
It usually comes down to the fact that over medicated patients are more sedate and docile. This can be an "easy" solution for understaffed facilities that lack the personnel to safely monitor each resident. Rather than explore other, legal alternatives, the facility simply gives the residents medication that has not been approved for their use.
However, the alternatives can be just as effective and easy. Nursing homes can start music therapy and pet therapy programs and exercise programs, develop better routines for residents and provide a range of activities. Yes, it is somewhat more work than giving medications, but it is still relatively easy, not to mention much safer and 100 percent legal.
Lack of consequences
Another reason that some nursing homes seem to have little qualms about freely dispensing antipsychotics is that there likely will be no serious consequences, if any. Even when a nursing home gets a citation, the odds of a penalty that means anything are low.
The telltale signs and effects
The signs that nursing home staff are over medicating a resident include incoherence, sleeping a lot (lethargy) and little or no memory. There is an increased death risk for people with dementia as well. Also, over medication over a long period of time can lead to stroke, heart attack and addiction. While symptoms such as memory issues and incoherence can already be present to some degree in dementia patients, the changes can be obvious.