Why It Can Be Challenging to Claim the Right Amount of Compensation Following Death through Medical Negligence
Society provides those who engage and expect services to be provided with compensation, should they not receive what they expect. The legal system in Australia is set up to negotiate the appropriate damages and this is a core facet of business and commerce. Ordinarily, the level of compensation is either regulated or can be determined with due process. However, this is not always the case and in terms of medical negligence in particular, this area can be very difficult to navigate for the aggrieved party. When it comes to death through negligence, many challenges may lay ahead to prove the case and claim adequate compensation. What do you need to bear in mind, if you're unfortunate to be in this position?
Lives Can Be Shattered
Sometimes, the negligence of otherwise very competent and caring medical professionals can contribute to the death of a loved one. Frequently, their death is absolutely unexpected, as they may have been going through what would ordinarily have been described as a "routine" procedure. In many cases, the individual may have been in otherwise good health and in the prime of their lives. They may have had a family, with young children. For the partner left behind, this type of situation can be devastating from so many different perspectives.
The partner would be left to raise the children by him or herself and to otherwise "fill in" for the absence of the other. It can be difficult to imagine the grief that they may be going through.
How the Law Tries to Limit Claims
The law, however, confines the amount of compensation that might be paid in very clinical terms. For example, claims may only be made to allow for the cost of replaceable services, such as a domestic servant or a childcare worker. Perhaps compensation may be claimed for the costs of hiring these individuals.
Most worryingly, the law may only provide compensation for a certain amount of grief and suffering and in some cases a significant claim may be judged to be due to a "psychiatric injury" that has developed after the event. In other words, the legal system may judge the unfortunate partner to have suffered from post-traumatic stress disorder.
Why You Need Expert Help
Insurance companies will certainly fight hard with these theories in mind, to try and limit the amount of money that they should pay to you following the negligent death of your partner. It's in your best interests, therefore, to engage a very competent and experienced compensation lawyer, to provide as strong a case as possible