The first words we usually hear from potential clients go something like this, “I have never even thought about suing anyone before.” The devastating financial effect stroke has on a family can, by itself, force them to seek legal help. The financial consequences of stroke can crush a family. The unbelievably expensive medical bills related to stroke care frequently devastate a family’s finances. Additionally, stroke survivors require expensive therapies, supervision, and assistance for the rest of their lives. The principle breadwinner in the household may no longer be physically able to work or has to miss work to help care for the stroke survivor. Simply put, the stroke victim is unable to resume their expected role in society or their family. A husband who focused on caring for his family is frequently left totally dependent on others. Roles are reversed. Children have to supervise and assist a parent. A husband or wife becomes more like a child than a spouse.
While a lawsuit cannot reverse the brain damage caused by a stroke, the money recovered may replace some of the losses. Our role is to try and make the best of a horrible situation. The damages sought in a lawsuit seek to recover the lost wages and earnings capacity, medical bills, lost services provided to the household, and future health care needs caused by the stroke. The goal of any lawsuit is to recover for the victims of stroke the financial resources so that they may return to their role in the family, as much as is possible. A good example is to provide nursing and sitters to reduce the stroke survivor’s dependence on other members of their household so everyone can get on with their lives. Money recovered in a lawsuit can also go to compensate for the loss of capacity for the enjoyment of life, disfigurement, inconvenience, disability, pain and suffering, loss of companionship and guidance.
The amount of money, if any, that can be recovered in a stroke lawsuit depends on many factors. Most important is the ability of the defendant to pay for the claim. This is based on the financial resources of the defendant(s), including the amount of malpractice insurance coverage they carry. The laws of the state where the malpractice occurred dictate the amount and types of losses for which a defendant can be held accountable.
A. We will gather and analyze the medical records and neuroimaging studies.
B. Interview eyewitnesses who have knowledge of the stroke victim’s history immediately prior to the stroke.
C. We will review the stroke victim’s medical records and neuroimaging with physicians with expertise in acute stroke care
D. We will determine if appropriate stroke care was provided
E. We will also determine if appropriate stroke care would have made a difference, if timely provided
F. We will analyze the damages caused by the negligent stroke care
G. We will advise you of the strengths and weaknesses of bringing pursuing a claim
H. We will let you know if we believe that a lawsuit will produce a meaningful recovery
I. While we are working on your case, you focus on getting better, we will focus on
