FAQS

The simplest way to determine if you have grounds for filing a wrongful death claim is to compare it with personal injuries. If the deceased person had survived the incident, could they file for an injury claim? If yes, then you can consider filing a wrongful death lawsuit.

Examples of grounds for filing include:

• Hazardous working conditions
• Vehicular accidents
• Medical malpractice
• During supervised activities
• Abuse or negligence in nursing homes
• Criminal acts

The primary consideration is the negligence of the other party. If not for them, there would be no incident.

Only the legal executor or administrator of the deceased person's estate can file a wrongful death claim. That is the person in charge of closing everything after a person’s passing.

Many times, the victim has not named an executor or administrator in their estate plan. The court can appoint someone when this happens.

A criminal act could be involved in the death of a loved one. If that is the case, a state or federal prosecutor can bring criminal charges against the same person or entity as your wrongful death claim.

That will not prevent you from filing a wrongful death lawsuit, even if both cases share the same facts and information. They can run in parallel with one another.

Every state has its rules about the statute of limitations for civil cases. In Connecticut, you have two years to file your claim. Beyond that, you lose the right to do so and will miss your chance to receive compensation and justice for your loved one.

There are exemptions that will extend the timeline for filing a wrongful death claim. There are cases where the act of negligence was not clear before and was only found at a later time. Another situation is when the victim does not pass immediately after the incident.

You have up to five years to file a claim using an exemption.

If you are successful in your wrongful death lawsuit, the court will order the defendant to pay for damages. The amount is determined based on:

• The lost earning capacity of the deceased person
• Funeral and burial expenses
• Losing the ability to live and carry on with life
• Any pain and suffering the victim suffered before passing
• Reasonable medical expenses related to the incident and passing of the victim
• Loss of consortium

Our goal is to help our clients navigate the complex process of filing a wrongful death claim. We start with reviewing the facts of the case and helping to conduct an investigation. We will create a case to be presented to the court based on the facts gathered.

Aside from doing all the paperwork, The Doctor Lawyer Team will also do the negotiation on your behalf with the other party.

If you have more questions regarding wrongful death or you want to have your case reviewed by one of our attorneys, call The Doctor Lawyer Team at (888) 565-7043. Book a free consultation today to know your legal options.

Medical malpractice involves a health care professional neglecting to provide appropriate treatment to their patient or not taking the correct action that leads to injuries or even death of a patient. A certain standard of care is expected of medical professionals, and failing to provide that can do more harm to a patient.

Malpractice happens when medical workers do not do their jobs according to acceptable standards as done by others in their profession, causing you harm.

Similar to other personal injury cases, there is a limit on when you can submit a claim for medical malpractice. Each state sets the rules for the time. In Connecticut, you have two years from the discovery of the injury to file your malpractice claims.

A medical malpractice claim and personal injury claim are similar in the sense that you or your family member were injured due to the negligence of another person or entity. If not for their negligence, you would not have sustained those damages. The claim covers the expenses and loss of income stemming from the incident.

The difference between the two is that with medical malpractice, an established standard of care is expected with their work. Because doctors and other medical workers have specialized training, you need to get the testimony of another health care professional to prove your claim.

Proving medical malpractice is more complicated than proving a driving accident.

One of the more challenging aspects of medical malpractice claims is finding another health care worker to testify about the procedure or treatment done to you. They will provide their professional opinion that the original doctor made a mistake.

A bad result is usually not a ground for medical malpractice. There are inherent risks to every procedure, especially with surgeries. The difference that must be proven with malpractice is that the doctor deviated from the standard level of care during the procedure, which led to further injury or harm.

In most cases, the doctor and their insurance provider will not settle right away. They will wait for you to complete the investigation and present the discovery. If they settle, they will pay either close to the trial or if the case goes to litigation. That is why it is critical that you gather all the relevant information and build a strong case. You should expect to go to court.

The Doctor Lawyer Team is owned by a former naval medical officer who is adamant about fighting for your rights. Our goal is to help you get fair and appropriate compensation for your injury while doing our part to improve the safety standards of the medical profession in the state. We offer free consultations where we will review your case at no charge.

If you have more questions about medical malpractice, call The Doctor Lawyer Team at (888) 565-7043. Book a consultation if you need to discuss your medical malpractice claim.

The Federal Tort Claims Act or FTCA outlines the procedures to resolve monetary claims for injuries, property damage, or death because of a negligent act by a federal employee.

Claims based on the FTCA can be made for the following cases:

1. Getting injured from a fall in a post office because the employees did not follow safety procedures.
2. Auto accident caused by a federal employee while on duty.
3. A Veteran Admissions doctor misdiagnosed your condition.

Yes, employees who work for specific health care centers are considered federal employees for liability protection under the FTCA. Acts or omissions while performing surgeries, dental procedures, and other medical services that lead to injury or death covered in the scope of employment are part of the FTCA.

Federal courts can play a role in identifying if the given activity falls into the scope of employment for FTCA coverage.

Yes, an employer can submit a claim on behalf of the employee, but the latter should do the filing on their own. They can appoint a representative to file the claim on their behalf. When submitting the claim, a representative should indicate that they are officially authorized.

It is possible to get your employer as your representative.

No, you are not required to use the Standard Form 95 when claiming under the Federal Tort Claims Act. But you should strongly consider using it.

The Standard Form 95 uses a format convenient for sharing the necessary information in submitting your claim with the FTCA.

The Federal Tort Claims Act does not include attorney’s fees with the settlement. The act also limits the amount that lawyers can collect based on the administrative settlement to 20 percent or not more than 25 percent for court judgments.

The FTCA covers a variety of personal injuries, including:

• Injuries while receiving treatment from military base hospitals.
• Personal injuries caused by a federal vehicle, sustained while performing their duty. That includes postal vans and military trucks.
• Misdiagnosis of condition from Veteran Affairs.
• Sustaining injuries in a federally funded clinic.
• Injuries caused by the negligence of an employee while in a federal office or building.
• All other injuries resulting from the negligence of US federal employees.

The FTCA covers injuries caused by negligent actions. Intentional torts, like assault and battery, or discretionary acts are not included.

Before filing an administrative claim, you should exhaust all other resolutions first. The FTCA is the last option if everything else fails.

You then need to show the following:

• You were injured by a federal employee.
• The injury happened while performing their duty.
• The act was negligent.
• Their negligence or wrongful act led to your injury or property damage.

The Federal Tort Claims Act is complex. There are several factors to consider to collect compensation successfully. It helps to have someone who understands the procedures and rules to get you through this.

The Doctor Lawyer Team has the experience and background to help with your federal tort claims. If you have other questions not covered above, you can get the information and legal answers you’re seeking by booking a free consultation with us. Call the team today at (888) 565-7043.

An auto accident lawyer can help victims in many ways. After an accident, you would face mountains of paperwork with tight deadlines. You also need to deal with an uncooperative insurance agency that will try to do everything it can to pay as little as possible.

Your auto accident lawyer can manage all that paperwork and build your case for just compensation.

We recommend that victims in an auto accident do not talk to the insurance agent of the other party without legal representation or without at least consulting with an attorney beforehand. The other party will try to get you to agree with terms that are not in your favor.

The first thing you have to remember is not to admit any fault right away. An investigation exists to determine fault through examination of the facts of the case. This process will help to reveal to what extent each party was responsible for the accident.

Even if the investigation finds you at fault, you can still be entitled to compensation. Connecticut has a modified comparative fault law. That means if you are below 50% at fault you can recover compensation.

In auto accidents, there is no set amount a lawyer will aim to recover for you. Every case is unique, with different variables coming into play for the outcome of the case. Some of the common factors to look at are:

1. Your injuries
2. Lost wages and potential income
3. Damage to property
4. Pain and suffering
5. Emotional distress

Personal injury cases like auto accidents are typically settled out of court. The damages will be agreed upon by all parties involved, without the need for a jury trial.

However, the case is brought to trial if there is no agreement.

It is illegal to drive while using a device to type and send text messages under Connecticut laws.

To prove your auto accident case, you’ll need:

• Investigation of the scene
• Witness interviews
• Evidence analysis
• Experts can be brought in to verify claims.
• Documentation of the injuries and how they affect your life
• Accident reconstruction

You do not have a lot of time to file your lawsuit. Personal injury claims, including auto accidents, have a statute of limitations in Connecticut. You have two years to file your claim.

That will depend on your insurance carrier, but there is a chance that your premium will be higher after a claim. Some companies offer accident forgiveness programs for drivers involved in accidents for the first time.

The Doctor Lawyer Team understands that your situation is challenging. We are here to help you navigate the process and provide you with answers quickly. We want you to receive all the financial assistance to which you are entitled per Connecticut laws.

If you have more questions about your auto accident case, do not hesitate to contact us at (888) 565-7043. Get the information and legal answers you’re seeking by booking a free consultation with The Doctor Lawyer Team.