Can I sue for health issues resulting from a wrongful death? How? 15 Answers as of May 05, 2015

My husband was involved in a medical wrongful death and I am now suing the doctor. I have been grieving for the past 5 months and have now developed many health problems related to the death (depression, insomnia, high blood pressure, anxiety attacks, etc…). I just want reimbursement for my copays. Is it common for health issues like this to be included in the lawsuit?

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S. Joseph Schramm | Joseph Schramm
If you are in the middle of a suit you should be speaking about this with the attorney representing you.
Answer Applies to: Pennsylvania
Replied: 5/5/2015
Lloyd H. Thomas III P.C. | Lloyd H. Thomas III
Consult with the attorney you are using to sue the doctor. If you are not using an attorney, get one. If the attorney can not answer your questions, get a different one.
Answer Applies to: Georgia
Replied: 5/1/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
As the surviving spouse, you have a claim for your own "injuries." You will need to document everything through a competent doctor. Insurance companies will not believe you unless you have supportive evidence of your emotional damages. Emotional issues frequently manifest themselves with physical problems as well.
Answer Applies to: Michigan
Replied: 4/29/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
It is possible, and you should be discussing this with your attorney.
Answer Applies to: Michigan
Replied: 4/29/2015
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
You should ask your lawyer how she plans to prove your grief damages.
Answer Applies to: Montana
Replied: 4/29/2015
    Stephens Gourley & Bywater | David A. Stephens
    Yes, if you can relate those problems through the testimony of an expert to the wrongful death claims.
    Answer Applies to: Nevada
    Replied: 4/29/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    If you are now suing the doctor, these questions should be addressed to your lawyer. If you just want reimbursement for your co-pays, forget it, the expenses involved in bringing the lawsuit will be many times the amount of your co-pays.
    Answer Applies to: New York
    Replied: 4/29/2015
    Law Office of John G. Galasso | John George Galasso
    Yes; Pain and suffering; loss of consortium; these should be explained to you by your lawyer.
    Answer Applies to: Ohio
    Replied: 4/29/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Talk with your lawyer about that. The wrongful death claim itself can only be for damages for the wrongfulness of taking your husband's life plus his medical and funeral expenses. There would have to be separate claim for you. Good luck.
    Answer Applies to: Alabama
    Replied: 4/29/2015
    James M. Chandler | James M. Chandler
    If you already have an attorney that is pursuing the cause of action against the doctor, you need to ask him/her your question.
    Answer Applies to: California
    Replied: 4/29/2015
    Law Offices of George H. Shers | George H. Shers
    I assume you have an attorney since you are suing medical malpractice. Have you asked your attorney these questions? If you do not trust your own attorney, contact some other medical malpractice attorneys to find out how strong of a case you have as to your own injuries. Do not tell the defendant that you are willing to settle just for the co-pays.
    Answer Applies to: California
    Replied: 4/29/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    You can sue for loss of support and loss of consortium. The latter might embrace your claimed medical conditions.
    Answer Applies to: California
    Replied: 4/29/2015
    Law Offices of John W. Merting, P.A.
    Law Offices of John W. Merting, P.A. | John W. Merting
    Your attorney handling the wrongful death case should include a derivative claim for your loss of consortium.
    Answer Applies to: Florida
    Replied: 4/29/2015
    Gates' Law, PLLC | Thomas E. Gates
    Your health issues would go to the damages being sought. You need either a civil litigator or a personal injury attorney to assist you. Your claim is worth more than just co-pays.
    Answer Applies to: Washington
    Replied: 4/29/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    First things first: Find an experienced personal injury/wrongful death lawyer and consult with him or her immediately. Depending on who employs the physician, there my be very tight time limits: in some cases, you must file something within 180 days of the event, or lose your right to sue. The wrongful death statute has a number of specific kinds of loss for which you can be compensated. A skilled lawyer will review all he facts with you and be able to give you good advice and representation. I am sorry to hear of your loss, and I wish you the best.
    Answer Applies to: Wisconsin
    Replied: 4/29/2015
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