Brain Injury Attorney Blog

This week, the Birmingham law firm, Hare Wynn Newell & Newton, said the Alabama Supreme Court has upheld a $1.75 million wrongful death jury award versus a Lanier Memorial Hospital for a second and final time. The case was originally filed in 2004 by the family of a woman who died from septic shock and abdominal inflammation while receiving treatment at the hospital. In fact, 16 hours before the woman died, she was ordered to be released even though she had a high white blood cell count.

The firm said this was the "first appellate decision in Alabama upholding the legal principle that a hospital's staff must go up the chain of command to obtain safe care when a doctor has failed to do so." This particular firm has been very successful with wrongful death and injury claims. They recently won an $8 million award from a jury in Kentucky in a nursing home abuse case. The firm was retained by a resident of a nursing home whose injuries were failed to be reported after suffering broken legs while being transfered onto a bed. The firm proved that the nursing home tried to cover up the incident.

The jury awarded "$2 million for the injury, pain and suffering, $1 million for violation of the Kentucky Residents Rights statute, and $5 million in punitive damages to punish the conduct and deter similar conduct in the future."

When filing a wrongful death lawsuit, parties must keep in mind the statute of limitations. Like many types of suits, there is a time frame that must be observed when filing the lawsuit or the opportunity to file the claim is forever lost. The time frame for filing is set by state law. The clock begins to run from the time of the incident or, in some states, from the time the party became aware of, or discovered the injury.

In addition to that, there are restrictions on who may sue for wrongful death. The representative allowed to bring a wrongful death suit is determined by state law. In some states, it may be only a spouse and children. In other states, grandparents or other relatives may also be allowed to file a wrongful death lawsuit. Some states have enacted restrictions on filing when one family member would be suing another family member for the wrongful death of a third family member.

It is best to speak with a good wrongful death attorney in your area if you're considering suing for wrongful death. The Myrtle Beach wrongful death lawyers at The Mace Firm will speak with anyone about their wrongful death suit. Call one of the wrongful death lawyers in Myrtle Beach to set up your free consultation.