FATAL MEDICAL ERRORS: WHO FILES A LAWSUIT?
State law allows the personal representative of the deceased’s estate (aka the executor of their estate) to take legal action in a wrongful death case. Beneficiaries of the deceased also have the right to file a claim or lawsuit on behalf of themselves and all other beneficiaries if the personal representative of the deceased’s estate does not file a claim within six months of a death. Parties who typically file wrongful death lawsuits in these circumstances include the deceased’s:
- Spouse
- Children
- Parents
- Other surviving family members who were beneficiaries
Those filing wrongful death claims when a person has lost their life as a result of a fatal medical mistake can seek compensation for such losses as:
- Reasonable funeral and burial expenses
- Medical care expenses
- Estate administration costs
- Loss of the deceased’s wages and benefits that they would have been likely to have earned if they had lived
- Loss of the deceased’s companionship, household services, etc.
Assigning a dollar value to some of these losses can be challenging if you lack the proper experience. This is one of many reasons to coordinate with a Chester County fatal medical mistakes law firm when filing a claim or lawsuit. Our experts can account for all your compensable losses to determine how much compensation you may be owed.
A qualified Chester County fatal medical mistakes attorney can also investigate your case to gather evidence of negligence. Although a lawyer cannot promise you will settle for a specific amount of money, if the insurance company’s offers are too low, we will negotiate for a more appropriate settlement on your behalf.
