Introduction
As with any area of injury law, the consideration of wrongful death claims involves a sensitive balance of legal frameworks, timelines, and medical records. As a medical records Review Company working with attorneys across the entire United States, we proudly offer tailored assistance for these more complex cases. This article targets providing a holistic approach to wrongful death claims which encompasses critical aspects and statistics along with insights tailored for attorneys.
What is a Claim of Wrongful Death?
• Description: A wrongful death claim stems from the passing of a party due to the negligence or wrongful act of another.
Typical Causes:
• Motor vehicle collisions
• Medical malfeasance
• Industrial incidents
• Violent crimes
Core Aspects of a Claim for Wrongful Death
- A Plaintiff’s Case: This usually involves supporting evidence that demonstrates the actions taken by the defendant were negligent and brought about death.
- Jurisdiction: Only qualifying participants, for example, close relatives or estate executors, may pursue a wrongful death lawsuit.
- Monetary Injuries: The claim must illustrate the finances and mental anguish suffered by the deceased’s family as a result of dying.
Filing a Wrongful Death Claim in Washington Timeline Overview
- Washington generally allows a window of three years for a wrongful death claim to be filed based on the date of death.
- Some cases like the discovery of new evidence may extend this deadline.
State Vs. Federal Courts for Wrongful Death Claims
- Most claims are filled in state court. However, it is important to understand the difference in jurisdiction for state or federal court.
- Relevant Factors:
- Claims focus
- Claim stakeholders
- Anticipated claim settlement
Medical Records Relevance in Wrongful Death Cases
- A person’s medical records can assist in constructing the medical background alongside the cause of death, marking it as vital evidence.
- For Attorneys, we offer:
- Medical record review services to locate pertinent details that advance the claim.
- Testimony regarding the medical facts of the issue which aid attorney in the case presented.
Current Trends and Statistics in Wrongful Death Claims (2024)
• Rising Claims: Documentation remains crucial, as there is a noted 10% increase in wrongful death claims in the past year.
• Impact of COVID-19: The pandemic has changed the nature of claims, with an uptick in cases related to healthcare negligence.
Case Studies
Case Study 1: Wrongful Death Claim Due to Car Accident
• Overview: One of the family members suffered fatal injuries in a car accident due to a drunk driver’s negligence.
• Challenges: The defense contended that the decedent was negligent himself to a certain degree and therefore contributed to the accident.
• Solutions: Through the review of the medical documents, we were able to establish the cause of death as auto-violent and the victim had no major health concerns, thus the defense was invalid.
Case Study 2: Medical Malpractice Leading to Wrongful Death
• Overview: A patient died due to misdiagnosing his illness he was suffering from and did not want.
• Challenges: Denial of negligence on behalf of the healthcare provider, as the diagnosis made was highly defendable.
• Solutions: We conducted a comprehensive study of the medical records and outlined the prevailing standard of care that under no circumstances could be met.
Conclusion
Dealing with wrongful death claims entails an intricate understanding of various legal parameters, deadlines, and the importance of medical documentation. Our medical records review services enable attorneys to adjust their strategies to achieve better results for their clients.
