In this article we will explore Maddox Lawsuit and how it may benefit you. If you or a loved one have been injured due to negligence of a nursing home, hospital or other facility you may be entitled to a monetary settlement. The first step in filing a claim is suing the entity whose conduct caused the injury, which can be a doctor, nursing home, etc. However, if you feel you should be compensated for your injuries without going through a lengthy litigation process, your best bet is to contact a personal injury attorney.
Maddox Lawsuit
First, let us discuss how to file a wrongful death claim. The state law rules vary from state to state, but generally if a third party dies as a result of another persons’ neglect or misconduct, the responsible party’s insurance company will compensate for your losses. Often this means that your loved ones are able to collect damages that amount to a judgment against the individual or entity that was responsible. However, in the case of a nursing home or other long term care facility, many times the responsible parties refuse to provide coverage to their patients. As such, these individuals must pursue a lawsuit in order to obtain compensation from the Empire State Insurance Company.
How is a wrongful death case different from a civil suit? Unlike a civil suit, there is no need for an attorney to prove negligence on behalf of the defendant.
Instead, the plaintiff must show that the defendant’s insured policy provided inadequate coverage. Also, in the case of a nursing home or other long term care facility, there are often policies that provide “morale care” to pay for residents’ in-home care after they have suffered a critical accident, which is not covered by traditional long term care policies.
Why would you want to retain the services of a lawyer? Because an experienced attorney can help you win the case.
Attorneys who have experience dealing with medical and nursing home facilities know how to build a strong case by obtaining substantial evidence and presenting it in front of a jury. Often times, they are able to reduce the amount of permanent injury that a victim suffers because of the defendant’s negligence. In addition, experienced attorneys can also reduce the expense of a Maddox lawsuit, which often results in huge monetary awards.
Who should be responsible for paying for the damages, if one of the defendant’s insured care recipients dies as a result of a medical condition?
If the plaintiff is an individual who has contracted a long term illness as a result of another person’s carelessness, then he or she may be entitled to recover damages from the other individual, the insurance company, and/or their insurers. In most states, the only individuals who are responsible for the cost of a Maddox lawsuit are those whose policy was purchased within the time frame in which the insured party died. For example, if an adult who was living with the parents in a long term care facility died due to complications from a dental procedure performed at the home, the child’s parent would be responsible for paying the costs of the procedure.
However, even if the plaintiff’s insurance carrier or provider is not responsible for the cost of the damages, the injured person may still be eligible for financial compensation on a comparative basis, i.e., as a percentage of what the total medical expenses have cost.
If the insurance carrier or provider does not bear any blame for the action, then the plaintiff should be able to recover his or her damages through the claim process. However, if the insured party proves that they had no control over the actions of their insured party, i.e., the insured individual was simply acting in bad faith, then the defendant is typically able to escape liability and avoid paying any damages. The only way in which an individual who has a wrongful death claim can receive compensation in a wrongful death claim is if the court is able to convince a jury that the defendant (i.e., the insurance carrier or provider) was negligent in some way or another, and that the victim suffered as a result of this negligence.
