Would A Wrongful Death Claim Ever Apply In Some Of These Cases?
Yes, Absolutely. I believe there have been some filed already and there will be more to come. It would be a wrongful death case if the filters failed in such a manner as to actually cause a death.
Are The Spouse Or Children Entitled To Any Restitution If The Person Died Before The Case Was Resolved?
Yes, and this would really differ according to state law. Some states like Wisconsin, for example, have a saving statute that even if the case was not filed before the death, the family would be able to actually pursue pain and suffering pre-death, whereas in Alabama, once there was a death, it would become a wrongful death case and then they would have two years from the date of the death to file a claim and the case would have to be filed by the duly appointed representative of the estate, meaning a surviving spouse or son or daughter or sometimes even a mother or father, and at that point, whoever was appointed would essentially represent that injured or deceased person throughout the remainder of the litigation and then depending on the result, there may be money to be dispersed to the heirs according to law of the decedent.
Why Would Someone Need A Lawyer And Can The Person Just Show Medical Records And Seek Compensation?
They could certainly try, but I have never heard of anybody having success. It would not be like dealing with All State or State Farm when somebody hits someone with their car and they would probably be able to negotiate the claim, albeit probably not as successfully as an attorney could do it. There are just so many pitfalls with these cases that the chances of success would be slim to none if somebody decided to go pro se and file their own case without a lawyer. Attorneys have been trained to do this and they are experienced in this. I do not know everything and I will never know everything, but I am learning every day. It would be a bad idea for the person to try to go it alone without an attorney.
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