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RobertJDFL
RobertJDFL, Attorney
Category: Personal Injury Law
Satisfied Customers: 13176
Experience:  Experienced in multiple areas of the law.
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If my wife's wrongful death suit was dismissed by every

Customer Question

If my wife's wrongful death suit was dismissed by every lawyer I have spoken to because of Texas Tort reform, is it possible to file a civil suit against doctors and hospitals?
Submitted: 11 months ago.
Category: Personal Injury Law
Expert:  RobertJDFL replied 11 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to assisting you.

Just so I'm understanding correctly, when you say tort reform, are you talking about the reduced monetary awards that are being received by plaintiffs? And your question is whether you can file on your own?

Customer: replied 11 months ago.
The tort reform protects doctors and hospitals so well that lawyers can't get malpractice cases into court. Doctors are literally getting away with everything even if their negligence causes the death of your loved one
Customer: replied 11 months ago.
Rather than going that way is filing a civil suit an option?
Customer: replied 11 months ago.
I don't see much of an answer
Expert:  RobertJDFL replied 11 months ago.

My apologies, I had to unexpectedly step away for a bit.

There is no requirement that you have a lawyer represent you. As such, yes, you may file on your own. That said, however, the same rules of court would apply to you as they do to lawyers, and the same reforms that have impacted the amounts of awards would be in place. One of the key things to know about wrongful death/malpractice suits is that they are very expensive to bring to trial, because you almost always need expert witnesses to prove your case. As such, it is not unusual for cases to cost thousands of dollars in litigation fees. Assuming you know that going in, by all means if you feel that you can do this on your own, absolutely you may do so.

Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars, as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you.

Customer: replied 11 months ago.
you are saying that All is hopeless and I have to accept what they did to my wife? Once again they win and the little guy loses
Expert:  RobertJDFL replied 11 months ago.

Not at all. I'm saying that the rules of court and procedure are no different for a person representing themselves versus those represented by counsel, and that the costs of litigation are unfortunately very, very expensive when it comes to these types of cases.

Expert:  RobertJDFL replied 11 months ago.

I don't make the laws of course --I can only tell you what they are.

Customer: replied 11 months ago.
Is it impossible to get a lawyer to file a civil suit for me?
Expert:  RobertJDFL replied 11 months ago.

I wouldn't say it's impossible -- there are many lawyers who handle wrongful death/malpractice suits. Every attorney is going to have their own opinion as to the merits of a case. But I think you have to look at what these lawyers are saying -if they are are saying that the case wouldn't make a lot of money, or would be difficult to prove---I think you have to consider that maybe there is something to what they are saying --that maybe if you even could prove the case, you'd make little to nothing on it.

Expert:  RobertJDFL replied 11 months ago.

Did you have any follow-up questions for me regarding this matter? I understand you not being happy with the answer, but please understand I can only tell you the law. I cannot control the laws as written. It would be unfair to you if you didn't know that bringing a case yourself required that you follow the same rules of court and procedure, that you must prove the same elements of the case (through the use of expert witnesses, typically) and that the same tort reforms affect you as a plaintiff.

I am still happy to assist you with this matter as I can. Otherwise, please remember to leave a positive rating for me by clicking on the stars, as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you.