Law Offices of Judy Snyder
503-894-7478

Experienced • Established • Well Respected

What do you need to prove to win a wrongful death case?

Medical malpractice is a serious concern for patients, because missing a diagnosis or failing to treat a patient properly can lead to serious injuries or death. When a patient dies due to a doctor's negligence, it's known as a wrongful death.

There are several parts of a wrongful death lawsuit. For instance, you'll need to show that a human died, that the death was the result of another person's intent to cause harm or negligence, that surviving family members have suffered financially because of the death and that there is a representative for the deceased's estate.

Here's an example. If a man passes away due to medical negligence, leaving a son and widow, then the widow and son could file a lawsuit that shows that a doctor didn't provide an acceptable standard of care. This lawsuit could show how the family now suffers from a loss of their loved one's income. Since the wife is filing the lawsuit, she can be a representative for the estate.

A wrongful death lawsuit won't only cover the expenses accrued from medical care or lost wages. Sometimes, a jury can award more for their suffering. For example, if the decedent had a low income but had many years of work left in front of him, then the jury might award more to the family. The jury could assume that the man could have earned more over time and adjust the award to reflect that.

If your loved one has passed away, it can be a terrible time in your life. There is help, and a wrongful death claim is one possibility.

Source: FindLaw, "Wrongful Death Overview," accessed Nov. 15, 2016

No Comments

Leave a comment
Comment Information

Contact The Law Offices of Judy Snyder

1000 SW Broadway, Suite 2400
Portland, Oregon 97205
Map and Directions

Local: 503-894-7478
877-228-5027
Fax: 503-241-2249
email

Linkedin

We are known for our expertise in the fields of employment law, constitutional law, civil rights, professional negligence, catastrophic injury, wrongful death, sexual abuse law, professional licensure issues, personal injury and emotional injury claims.

Avvo Rating 10.0 Superb | Top Attorney | Employment American Board of Trail Advocates AV | Lexis Nexis | Martindale-Hubbell | Peer Review Rated Super Lawyers