What are some non-economic factors considered in accidental death? 7 Answers as of May 28, 2015

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.

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Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
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.
Answer Applies to: New York
Replied: 5/28/2015
S. Joseph Schramm | Joseph Schramm
If you have retained an attorney and have filed suit your attorney should advise you what non-economic damages can be recovered.
Answer Applies to: Pennsylvania
Replied: 5/27/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Pain, suffering, mental anguish, embarrassment, despair. However, these are your father's damages, not yours. Family members would seek loss of comfort, encouragement, etc.
Answer Applies to: Michigan
Replied: 5/27/2015
Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
Loss of consortium and/or financial support.
Answer Applies to: California
Replied: 5/27/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim 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.
Answer Applies to: Alabama
Replied: 5/26/2015
    End, Hierseman & Crain, LLC | J. Michael End
    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.
    Answer Applies to: Wisconsin
    Replied: 5/26/2015
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    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?
    Answer Applies to: Illinois
    Replied: 5/26/2015
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