Understanding the legal implications of severe torts
Understanding Severe Torts
My name is Oklahoma personal injury attorney Mike Ashworth and today we’re going to talk about very, very severe torts. Torts are a wrong by one entity against another entity or by an individual against an individual or by an individual versus an entity. Think of a tort as something where it could be negligence, where you have a duty, breach of duty, causation and damages.
For example, you’re not paying attention in the car when you’re driving or you’re looking at your cell phone or whatever. You have a duty to drive safely. That breaches the duty to drive safely. You look up, all of a sudden you realize there’s a stopped car, you didn’t see it in time, you don’t have time to sufficiently stop and you ram into them. That is something for where there’s liability.
But there can be other aspects of liability as well. For example, what happens in a case where you’re at a hospital setting? You have a loved one that’s been admitted to the hospital for a period of time because of some complications, health issues. The plan is to release that individual within a day after being there several days and getting back to better health.
One time somebody comes in, it could be an aide, it could be a nurse, whoever, and that individual who was not supposed to be ambulating, was not supposed to be walking on their own, is on the floor with a pool of blood or with some obvious signs of a very serious injury. As a result of that, they go downhill in their health. They’re definitely not going to be going back home. There appears to be massive damage and the individual passes away. That’s an example of something known as wrongful death.
The Importance of Experienced Lawyers in Wrongful Death Cases
Or a case I had one time where a gentleman was being fed Kentucky Fried Chicken by his family and he aspirated and passed away. That was filed as a wrongful death case by the plaintiffs. So if someone dies as a result of the negligence, duty, breach of duty, causation, damages, and death is pretty much the ultimate damage I would reckon, then that’s a wrongful death case.
You need experienced lawyers who handle this. You need lawyers that know not only how facilities work, but they know the medicine of it. They can connect the dots. Because if you can’t connect the dots between the death and the misconduct or the negligence of the party, then it’s very difficult to prove. Wrongful death cases happen very often. What doesn’t happen very often is that the evidence is memorialized properly.
Take Action and Seek Justice
That’s why it is essential as soon as something like this happens. You know something’s not right in the facility or you know that they passed away and they weren’t the same after what happened, immediately call and get advice. Immediately. The sooner you respond and react, the better the chances that you’ll get justice as the outcome. Again, I’m Mike Ashworth, TulsaPersonalInjuryLawyer.Pro. Call 918-924-5528 to speak with a Tulsa wrongful death lawyer.
