QUESTION
What are some non-economic factors considered in accidental death?
Asked on May 26th, 2015 on Personal Injury - Illinois
More details to this question:
Due to what we think is a misdiagnosis by the doctor my father was extremely ill and passed away recently. We are suing for personal injury and I was wondering what non-economic factors we should consider when we present our case such as devastation, loss, etc. that might provide us with more compensation.
6 ANSWERS
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Are you suing for personal injury or are you suing for medical malpractice? You can discuss evidence of damages with your lawyer. If you do not have a lawyer, you are just plain foolish and you are doing yourselves a grave disservice. I cannot emphasize that last point strongly enough: I have been practicing law for 30 years now and I don't take med-mal cases because they are so difficult, expensive and time consuming. I know a lawyer who does take such cases, he turns down many more than he takes, it is not uncommon for him to lay out $50,000 in expenses, he'll put a thousand hours work into it and even then he figures he only has a 50/50 shot. That's how difficult these cases are. So if you have a lawyer like that, then trust him/her to get the job done. If not, then you might as well just hit yourself in the head with a brick for all the chance at success you will have.
Answered on May 28th, 2015 at 9:20 AM
Ronald A. Steinberg
Pain, suffering, mental anguish, embarrassment, despair. However, these are your father's damages, not yours. Family members would seek loss of comfort, encouragement, etc.
Answered on May 27th, 2015 at 8:44 AM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Loss of consortium and/or financial support.
Answered on May 27th, 2015 at 4:29 AM
James Eugene Hasser
Alabama has a unique wrongful death statute which is punitive in nature and designed to punish the defendant for the wrongfulness of the actions or inactions in taking another's life. All life is considered equal under Alabama law. A baby's life is worth just as much as an elderly person's life. Economic factors are not considered; only the wrongfulness of the act in causing the death. Focus should be on the things the Dr. did wrong in causing the death. The award should also be a deterrent to others to prevent deaths and injuries from occurring in a same or similar manner. Good luck.
Answered on May 26th, 2015 at 8:16 PM
1 Award
Only a surviving spouse or minor children can bring a case for loss of society and companionship damages in Wisconsin for medical malpractice/wrongful death cases. If there is no surviving spouse or minor children, then the only cause of action would be for your father's pain and suffering caused by the doctor's negligence. A probate estate or a special administration would have to be opened in order for there to be someone to file a case for pain and suffering damages. The case must be filed within three years of the date of injury caused by the negligent care. In Wisconsin, there is a cap on noneconomic damages (pain and suffering) of $750,000 for medical malpractice cases, although the constitutionality of that cap will be decided by our appellate courts within the next two years.
Answered on May 26th, 2015 at 7:25 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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Would it be possible to explain more about the facts of your father's case? You have a limited amount of time to file suit. Also, have you gotten a second medical opinion that supports your theory of a misdiagnosis?
Answered on May 26th, 2015 at 4:26 PM