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Can A Wrongful Death Lawsuit Provide My Family With Lost Retirement Benefits My Husband Would Have Received?
Following the death of a family member who is the primary breadwinner-or one who contributes financially to the family in a lesser degree-it is common to want to know whether a wrongful death lawsuit will compensate you and your family for the loss of benefits that your loved one would have earned.
Generally, a wrongful death lawsuit would include damages for lost wages that would have been earned by the victim until his or her projected retirement age. Lost income is considered an economic damage that is available in a wrongful death lawsuit. Other economic damages can include loss of benefits such as pension benefits, retirement benefits, other savings, and even medical benefits.
It is important to include all of the lost benefits that are applicable as part of the damages in your claim because retirement benefits and medical benefits can account for half of the damages awarded in wrongful death lawsuits. For instance, if someone died at the age of 45 and he was planning on working until he was 65 years old, the surviving spouse or children would be entitled to receive 20 years of lost income, including projected raises, as well as retirement benefits. If the surviving family member is now left to purchase medical insurance, the lawsuit should also account for that cost as well as the diminished pension funds or other retirement funds.
Can HMOs Be Legally Responsible For Negligent Doctors?
Doctors aren't the only ones who are guilty of medical malpractice at times. In fact, health maintenance organizations (also known as HMOs) like Kaiser Permanente, U.S. Healthcare, Prudential and others may be to blame for their part in a patient's injury or death; however, suing an HMO is more difficult than suing a doctor or hospital.
Generally, HMOs are not liable for the negligent actions of a doctor within their network. However, they should be liable if their actions caused a patient harm. HMOs charge fixed monthly premiums and are able to do so by controlling costs. Some examples of cutting costs can include refusing authorizations for tests, procedures, and hospital admissions in certain situations.
If these decisions cause a patient harm, an HMO will likely deny liability by saying they made a benefit decision and not a medical decision. Yet we all know that HMOs set the guidelines for treatment and have authority over the physicians in their network. Sadly, many patients have been injured by HMOs interfering with recommendations made by their doctors.
Debunking A Common Myth: I Can't Afford A Personal Injury Lawyer
After being injured in a car accident, motorcycle crash, truck wreck, or any type of collision, many people are unsure of their next steps and how to proceed. While some people quickly turn to an attorney, others are unsure if they will be able to afford one. After all, they are faced with expensive medical bills and even lost wages due to their injuries.
The cost of hiring a personal injury attorney is one of the most frequent misconceptions victims of traffic accidents have due to a common belief that all attorneys charge a steep hourly rate. Although there are other types of attorneys who do charge expensive hourly fees, this is generally not the case for personal injury lawyers.
Personal injury attorneys understand that their clients are being hit with medical bills, vehicle repair bills, and other expenses all while they are quite possibly losing income, which would make taking on an additional expense out of the question at a time like this. For this reason, most personal injury lawyers provide their potential clients with free initial consultations and also work with their clients on a contingency fee basis.
What Are Drivers Doing Behind the Wheel That Threatens Their Safety?
No one wants to risk being injured in a car crash, but many people engage in dangerous driving behaviors nonetheless. While you may think you are not one of these dangerous drivers because you don't drink and drive or speed recklessly, you may be surprised to learn that you probably do engage in some of the most dangerous driver actions at least occasionally.
With the rise in motor vehicle deaths, it's time to take a look at what many drivers are doing that threatens their safety and the lives of others on the road. According to a survey compiled by the National Safety Council (NSC), American drivers have some terrible habits and alarming opinions that may be affecting our roadways.
In order to find out if you are guilty of making some of the top risky driving behaviors revealed in the NSC survey, ask yourself these questions:
- Are you texting at the wheel? 47 percent of drivers feel that sending a text message manually or hands-free is safe; however, texting and driving is one of the most dangerous behaviors a driver can engage in.
Does A Pre-Existing Condition Affect A Car Accident Claim When The Crash Aggravates An Old Injury?
Many people involved in car accidents find their previous injuries get aggravated by the jolts their bodies sustain upon impact. For instance, maybe an old neck or back injury was made worse in a collision and you may be worried whether an insurance company will compensate you for such injuries.
The first thing you should know is that insurance companies will look for any justification to minimize your claim payout, even if that means denying a claim for an existing injury that was aggravated in the crash. In fact, insurance companies will regularly demand you sign a medical authorization form that will give its investigators access to your past medical records. They do this so they can try and blame a current injury on a past condition to minimize the amount of money they have to pay you.
Even if you were not at fault for the crash, an insurance company will still attempt to use a past injury to lower the amount of compensation it is willing to offer you. However, you should not be penalized for an existing injury that was made worse in a crash that wasn't your fault.
Our Lawyers Provide The Legal Support You Need After A Birth Injury
The day of your child's birth is supposed to be joyous, but for some parents the arrival of a new baby is also a day of pain and suffering. Sadly, some newborns are victims of doctor negligence, hospital negligence, or carelessness on the part of nurses or anesthesiologists.
When a baby suffers a birth injury, parents are often left feeling helpless. They aren't sure what to do, where to go for advice, and what their legal rights are in a situation such as this. Although many families listen to the hospital for advice, some parents realize that the hospital doesn't have their best interests in mind. This is why it is essential to seek the legal advice of a lawyer experienced in birth injury cases.
Importance of Legal Support
It's hard enough to get through the day following such a tragedy let alone deal with a legal claim. This is why it is best to hire an attorney to support you in your legal battle. A team of birth injury lawyers can help in the following ways:
When Is A Death Considered Wrongful?
Any time someone dies, loved ones are left devastated and often confused about what to do. If the death was caused by another person's actions, they may wonder if a wrongful death lawsuit could be pursued. It is important to note that not every death is considered a wrongful death. We have put together a list of examples in which a person's death could be deemed wrongful.
Here are some instances when a wrongful death lawsuit could be pursued:
- Automobile accidents. When a person dies as a result of someone else's careless and unsafe driving-whether the negligent act was intentional or accidental-the deceased's family may have the right to pursue a wrongful death lawsuit. Wrongful death lawsuits can also be pursued against car manufacturers for vehicle defects.
- Truck accidents. When a truck crash occurs because the driver failed to get the proper amount of sleep or took some other negligent action and someone dies as a result, a wrongful death lawsuit may be pursued. This is also the case if the deadly crash occurred due to improper cargo loading, poor vehicle maintenance, or other careless acts by employees of the trucking company.
The Types Of Pedestrians Often Hit While Walking Down The Side Of A Road
It may sound shocking, but pedestrians don't have to be crossing a street to be hit by a driver. It's scary to think about, but pedestrians are never really out of danger from vehicles-even if they are off the road or as far to the side of the road as possible.
Drivers likely are not aiming to hit pedestrians, but they can be so focused on reaching their destinations or on sending a text that they fail to look out for pedestrians. As a result, those who are walking along the side of the road or are even on a sidewalk or grass shoulder are sometimes hit by negligent drivers.
Some of the types of pedestrians struck by vehicles along the road include:
- Walkers. People walk along the side of the road for many reasons-from pedestrians commuting to school or work via the sidewalk to people walking their dogs on the grass near the road. There are even people who find themselves walking near traffic after their vehicles have broken down. Unfortunately, all of these people are at risk of being in a pedestrian accident due to negligent drivers.
What If I'm Not Happy With The Results Of My Surgery? Can I Sue For Medical Malpractice?
Whether you had a medically necessary life-saving surgery or you had an elective cosmetic surgery, the results of the surgery may be upsetting. However, just because you aren't happy with the results of your surgery, doesn't mean that you can sue for medical malpractice. In order to have a valid medical malpractice claim, you will need to establish the following:
- You had a doctor/patient relationship. This point is pretty straightforward and easy to prove. This means that you hired a doctor for your surgery or a doctor at a hospital treated you, and therefore a relationship existed.
- The surgeon was negligent. When a doctor fails to perform his medical duties correctly and deviates from the standard of care, you must show that a reasonable doctor-one who acted safely and carefully-would have done something different under the same circumstances.
- The negligence caused you harm. This means that as a result of the surgery, you suffered physical pain, a deformity, or disability. Even if you didn't suffer a permanent physical injury, if you had to undergo an additional surgery that resulted in more medical bills and more time away from work-all while losing income-you may be able to sue for such damages.
How Long Does It Take To Pursue A Claim For Medical Negligence?
After suffering an injury at the hands of a medical professional, it is important to start working on your potential medical malpractice claim right away. This is because there may be evidence to secure, medical records to obtain, and witnesses to talk to (e.g., nurses and colleagues who are willing to testify). Although you can most definitely request your medical records and start negotiating with the hospital or doctor's office on your own, medical malpractice cases are complex and generally require an attorney's involvement in order to get the best financial recovery.
If you are planning on settling this medical malpractice claim on your own, the case can be resolved fairly quickly-that is, if the liable party makes you an offer and you accept it. However, large hospitals and insurance companies are known for making offers that are a mere fraction of what you deserve. So we urge you to at least discuss your case with a medical malpractice attorney. Most lawyers give free consultations, so you have nothing to lose and everything to gain.
703-591-0067
10513 Judicial Drive, Suite 200, Fairfax, VA 22030
703-591-0067
From our office in Fairfax, Shevlin Smith, P.C. serves clients throughout Northern Virginia and Washington, D.C., including Alexandria, Annandale, Arlington, Ashburn, Burke, Centreville, Dale City, Fair Oaks, Leesburg, Manassas, McLean, Oakton, Reston, Springfield, and Woodbridge, as well as Fairfax County, Arlington County, Fauquier County, Loudoun County, and Prince William County.
Results listed are not a guarantee or indication of future case results.
