If a patient dies as a result of medical malpractice, the surviving family is eligible to file a wrongful death claim. Unlike other cases, wrongful death cases are governed by state laws.
Most states have the following in common when it comes to wrongful death cases:
- Who is eligible to file a wrongful death lawsuit (the closest surviving family)
- The types of damages that are allowed to be compensated in a wrongful death case
If your loved one died as a result of a wrongful death, which was a consequence of a medical malpractice case, speak with Medical malpractice lawyers in Hawaii and receive much-needed legal help in filing a lawsuit against those responsible for taking your loved one’s life.
Here are the things you should know after losing a loved one due to medical malpractice.
Who Is Eligible To File A Lawsuit?
In order to file a lawsuit for the loss of a loved one, you have to be one of the closest family members. This includes:
- Children
- Spouse
- Sibling
- Parent
- Grandparents (in case the deceased had no one else)
The person filing a claim is responsible for taking care of the deceased’s estate, as well as taking care of their children if any are left behind.
However, there are situations where both the surviving children and the spouse want to file a lawsuit. If such disputes occur, the best and the only solution is to speak with an attorney and determine who will be the one representative.
Damages Allowed in A Wrongful Death Case
Generally, after being a victim of medical malpractice, the plaintiff is eligible to recover any damages related to medical expenses. In the case of wrongful death, the surviving family members can recover the following damages:
- Fully covered medical costs
- The loss of family support (income)
- Funeral and burial costs
- Loss of consortium and companionship
All these damages are awarded based on the state limits, and based on the number of surviving family members.
There are always certain limitations in every wrongful death case. To find out about them, speak with Hawaii Medical Malpractice Attorneys as soon as you are able.
How To File a Lawsuit?
If you are appointed as a representative, the first thing that you need to do is hire an attorney. It is always best to have someone around, someone with knowledge and experience to guide you, rather than to go alone through the process and hope for the best.
Do not let your loved one’s death remain unpunished. Seek justice for your loss, and do not settle until you have received all the compensation that you deserve.
Attorneys understand your pain; they know what you are going through, and will help you obtain the highest compensation possible. They are also aware that the money will not bring back what you lost, but it will help you financially in the days to come. Feel free to schedule your consultation today!
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