Introduction to Wrongful Death in Long Beach
Wrongful death is a legal term describing the death of a person caused by the negligence or intentional actions of another. This encompasses a wide range of circumstances, from vehicular accidents and medical malpractice to defective products and workplace hazards. Understanding the legal framework surrounding these claims and the common causes in Long Beach is crucial for anyone navigating this complex area of law.
The legal framework surrounding wrongful death claims in California is established by state statutes, particularly the California Code of Civil Procedure. These laws dictate the procedures for filing a claim, the types of damages that can be recovered, and the burden of proof required to establish liability. Crucially, the surviving family members of the deceased are often the ones pursuing these claims. Understanding these legal processes is essential for navigating the complexities of wrongful death litigation.
Common Causes of Wrongful Death in Long Beach
Accidents involving motor vehicles are a prevalent cause of wrongful death in Long Beach, as in many urban areas. These incidents often stem from reckless driving, distracted driving, or failures to adhere to traffic laws. Additionally, medical malpractice, particularly in hospitals and clinics within Long Beach, can lead to wrongful death cases if a healthcare provider’s negligence or errors result in the patient’s demise. Workplace accidents, particularly in industries with high-risk activities, are another significant factor. Moreover, defective products, such as faulty equipment or unsafe consumer goods, may also contribute to fatalities, demanding investigation.
Factors Contributing to Wrongful Death Claims in Long Beach
Several factors contribute to the frequency of wrongful death claims in Long Beach. High traffic density, especially in specific areas, increases the risk of vehicle accidents. Furthermore, the presence of industrial facilities and manufacturing plants raises the possibility of workplace accidents and product liability issues. The density of hospitals and clinics necessitates careful scrutiny of medical practices and procedures. Additionally, a lack of enforcement of safety regulations in some sectors can also contribute to a higher risk of wrongful death.
Legal Framework Overview
California’s legal framework for wrongful death claims is designed to compensate surviving family members for their losses. This includes financial damages, such as lost income, medical expenses, and funeral costs, as well as non-economic damages, including pain and suffering. A critical component is establishing the legal responsibility of the party or parties who caused the death, often requiring expert testimony to support claims. The burden of proof lies with the plaintiff to demonstrate the defendant’s negligence or intentional actions caused the deceased’s death.
Types of Wrongful Death Cases in Long Beach
Wrongful death cases in Long Beach, like elsewhere, encompass a diverse range of situations where a person’s death is directly attributable to the negligence or intentional misconduct of another. These cases often involve complex legal issues requiring a thorough understanding of the specific circumstances surrounding the death. This section details the common types of wrongful death cases, the legal procedures involved, typical damages sought, and examples of successful lawsuits.
Vehicle Accidents
Vehicle accidents are a significant source of wrongful death claims in Long Beach, often resulting from reckless driving, drunk driving, distracted driving, or failure to adhere to traffic laws. The legal process typically involves establishing the negligence of the at-fault driver, demonstrating the causal link between their actions and the victim’s death, and quantifying the damages suffered by the deceased’s family. Compensation sought often includes lost future earnings, funeral expenses, pain and suffering, and emotional distress. A successful case in Long Beach might involve a pedestrian struck by a speeding car, demonstrating the driver’s negligence and the resulting catastrophic injuries leading to the victim’s death. The outcome would depend on evidence of speed, visibility, and the driver’s actions.
Medical Malpractice
Medical malpractice cases in Long Beach frequently involve situations where a patient’s death is attributed to the negligence of a medical professional, such as a doctor, nurse, or hospital. Establishing negligence requires demonstrating a deviation from the accepted standard of care, a direct causal link between the malpractice and the death, and quantifiable damages suffered. Damages sought often include the loss of future earnings, pain and suffering, medical expenses, and funeral costs. An example might involve a patient who died due to delayed diagnosis of a critical condition, showcasing the hospital’s failure to meet the standard of care, resulting in a wrongful death lawsuit.
Product Liability
Product liability cases in Long Beach arise when a defective product causes a death. The legal process often involves proving the product was defective, the defect caused the death, and the manufacturer or seller was aware of the defect. Damages sought include lost future earnings, funeral expenses, pain and suffering, and medical expenses. A hypothetical case could involve a faulty piece of machinery causing an accident, resulting in the operator’s death, and the manufacturer being held liable for the defect.
Construction Site Accidents
Construction site accidents are another significant area of wrongful death cases in Long Beach, often stemming from unsafe working conditions, inadequate safety protocols, or equipment failure. Legal procedures involve proving the negligence of the employer or contractor, the causal link between the negligence and the death, and the damages suffered by the deceased’s family. Typical damages include lost future earnings, medical expenses, funeral costs, and emotional distress. A real-life example could involve a worker falling from a scaffolding due to inadequate safety measures. The outcome would depend on demonstrating the employer’s failure to adhere to safety standards.
Comparative Negligence
In many wrongful death cases in Long Beach, the concept of comparative negligence comes into play. This legal principle allows for a reduction in damages if the deceased’s own actions contributed to the accident. The degree of negligence on the part of the deceased is evaluated to determine the appropriate apportionment of responsibility. For instance, a driver who was speeding in an accident might have a portion of the liability reduced, impacting the compensation awarded to the family.
Successful Wrongful Death Lawsuits in Long Beach
While specifics of individual cases are confidential, several successful wrongful death lawsuits in Long Beach demonstrate the significant impact such cases can have. These outcomes often serve as precedents and contribute to the development of legal standards and procedures in similar cases. Public records and legal databases might contain information on some successful lawsuits. Further research into court filings or legal news sources could provide more detailed information.
Determining Liability in Long Beach Wrongful Death Cases
Establishing liability in a wrongful death case in Long Beach, like any jurisdiction, requires a meticulous examination of the facts and applicable laws. The plaintiff, representing the deceased’s estate or beneficiaries, must demonstrate that the defendant’s actions or inactions directly caused the death and were negligent. This process often involves complex legal arguments and evidence gathering.
The Burden of Proof in Wrongful Death Lawsuits
The plaintiff bears the burden of proving, by a preponderance of the evidence, that the defendant’s negligence caused the deceased’s death. This means the plaintiff must demonstrate that it is more likely than not that the defendant’s actions or omissions were the proximate cause of the death. Failure to meet this burden will result in dismissal of the case.
Methods of Proving Negligence
Negligence in a wrongful death case can be proven in several ways. The plaintiff must demonstrate that the defendant owed a duty of care to the deceased, breached that duty, and that the breach directly caused the harm.
- Duty of Care: Establishing a duty of care involves demonstrating a legal obligation to act in a certain way to prevent harm to another person. This duty might arise from a contractual agreement, a statute, or a general societal expectation of reasonable conduct. Examples include a driver’s duty to operate a vehicle safely, a property owner’s duty to maintain safe premises, or a healthcare provider’s duty to provide competent care.
- Breach of Duty: This involves demonstrating that the defendant failed to meet the standard of care expected in the given situation. This often requires expert testimony to establish the applicable standard of care. For instance, in a car accident, evidence showing the defendant’s speed exceeded the posted limit or that they failed to yield to the right of way would establish a breach. The plaintiff might also present evidence of a known hazard that the defendant failed to address, such as a dangerous condition on a property.
- Causation: Causation requires showing a direct link between the defendant’s breach of duty and the deceased’s death. The plaintiff must demonstrate that the defendant’s actions or omissions were the proximate cause of the death. For instance, in a medical malpractice case, a plaintiff must show that the doctor’s negligence directly caused the patient’s death, not an unrelated condition.
- Damages: The plaintiff must demonstrate the actual damages suffered by the estate or beneficiaries as a result of the wrongful death. This might include financial losses, emotional distress, and loss of companionship. These damages are often quantified with financial records, medical bills, and witness testimony.
Evidence Used to Establish Liability
A wide range of evidence can be used to establish liability in a wrongful death case. This includes:
- Eyewitness Testimony: Statements from individuals who witnessed the incident can provide crucial details about the events leading up to the death. The credibility and accuracy of these witnesses are often assessed by the court.
- Physical Evidence: Physical evidence, such as accident reports, photographs, and medical records, can provide objective data about the incident. This evidence can help corroborate eyewitness accounts or support other evidence presented in court.
- Expert Testimony: Expert testimony from professionals in relevant fields can offer specialized knowledge and interpretations of the evidence, helping to establish causation and the standard of care. This is particularly important in complex cases, such as medical malpractice or product liability.
- Documents: Documents, including contracts, insurance policies, and maintenance records, can provide valuable context and support the plaintiff’s claims. These documents can help to establish the defendant’s knowledge of potential hazards or their responsibilities.
Evaluating the Strength of Evidence in a Long Beach Wrongful Death Case
Assessing the strength of evidence involves a comprehensive review of all available information. Factors to consider include the credibility of witnesses, the completeness and accuracy of documents, and the qualifications of experts. The weight and persuasiveness of the evidence presented are ultimately determined by the court.
The Role of Expert Witnesses in Proving Liability
Expert witnesses are crucial in many wrongful death cases, particularly in complex situations involving medical or technical issues. Expert witnesses provide specialized knowledge and insights that help the court understand the circumstances of the death and determine whether negligence occurred. They can provide testimony on the standard of care, causation, and damages.
Damages in Wrongful Death Cases in Long Beach
Wrongful death attorney long beach – Determining the appropriate compensation in a wrongful death case requires careful consideration of the economic and non-economic losses suffered by the victim’s family. This process involves quantifying the value of the deceased’s life and the impact of their absence on loved ones. The specific damages recoverable vary depending on the circumstances of the case, and the legal team must meticulously gather evidence to support the claim and maximize the recovery.
Types of Recoverable Damages
Wrongful death cases in Long Beach allow for the recovery of both economic and non-economic damages. Economic damages compensate for the financial losses the family has sustained due to the death, while non-economic damages address the intangible losses, such as pain and suffering.
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Calculating Economic Losses
Economic damages typically encompass lost future earnings, medical expenses, funeral costs, and other financial obligations stemming from the deceased’s death. These losses are calculated based on various factors, including the deceased’s age, earning capacity, work history, and projected future income. To illustrate, if the deceased was a highly-skilled professional with a substantial earning potential, the lost future earnings will be significantly higher than that of a less-skilled individual.
Quantifying Loss of Future Earnings
Calculating the loss of future earnings requires a detailed assessment of the deceased’s employment history, projected income, and the relevant tax implications. Experts in actuarial science and economics may be consulted to project the deceased’s income over their expected working lifespan. Consideration is also given to any anticipated promotions or raises. For instance, in a case involving a young professional, the projected income would be based on their current salary, career progression, and potential career advancement. An established business owner’s loss of future income would also be calculated differently, taking into account the value of their business and projected growth.
Calculating Pain and Suffering
Non-economic damages, such as pain and suffering, compensate for the physical and emotional anguish experienced by the deceased before their death. These damages are not easily quantifiable, but legal professionals use various methods to assess the severity and duration of the pain and suffering. Factors like the manner of death, the duration of the injury, and the deceased’s resilience and emotional fortitude are crucial in determining the appropriate amount for pain and suffering. The pain and suffering element is highly subjective, and lawyers carefully consider the specific details of each case.
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Examples of Damages in Similar Cases
While specific dollar amounts cannot be provided without knowing the specifics of each case, past wrongful death cases in Long Beach have yielded significant awards, often exceeding several hundred thousand dollars. The exact amounts depend on factors like the severity of the injuries, the deceased’s earning potential, and the nature of the wrongful act. These figures highlight the need for careful evaluation and thorough documentation of all losses in each unique case.
Damage Components and Potential Amounts
| Damage Type | Description | Calculation Method | Example Amount |
|---|---|---|---|
| Loss of Future Earnings | Compensation for income the deceased would have earned | Based on age, career, and projected income, considering inflation and tax implications | $500,000 |
| Pain and Suffering | Compensation for the deceased’s physical and emotional pain before death | Based on severity and duration of suffering, considering expert testimony | $250,000 |
| Medical Expenses | Expenses incurred for the deceased’s treatment | Documentation of medical bills and related costs | $50,000 |
| Funeral Expenses | Costs associated with the deceased’s funeral | Detailed receipts and documentation of funeral costs | $10,000 |
Note: The example amounts are illustrative and not indicative of specific outcomes. Each case is unique and must be evaluated individually.
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Finding a Wrongful Death Attorney in Long Beach
Selecting the right wrongful death attorney is crucial in navigating the complexities of a legal battle. An experienced attorney can significantly impact the outcome, ensuring your rights are protected and maximizing compensation for your losses. This crucial step requires careful consideration and research to find a lawyer with the necessary skills and understanding of the legal landscape.
Finding a qualified wrongful death attorney involves more than just a simple online search. It requires an understanding of the attorney’s experience, expertise, and track record. The legal process is intricate and demanding, and a skilled advocate can be the difference between a fair settlement and a protracted legal battle. This section provides guidance on identifying qualified attorneys and utilizing available resources in Long Beach.
Importance of Hiring a Qualified Attorney
A qualified wrongful death attorney possesses a deep understanding of the legal procedures, relevant case precedents, and the nuances of Long Beach jurisdiction. This expertise is essential for effectively presenting a compelling case, navigating the complexities of the legal process, and achieving the best possible outcome. A skilled attorney can conduct thorough investigations, gather critical evidence, and build a strong case strategy to advocate for the deceased’s family. Their knowledge of applicable laws and regulations is critical in determining liability and securing compensation.
Qualities to Look for in a Wrongful Death Attorney
A successful wrongful death attorney should demonstrate a comprehensive understanding of the legal process. Essential qualities include extensive experience in handling similar cases, proven success in obtaining favorable settlements or verdicts, and strong communication skills. An attorney’s ability to explain complex legal concepts clearly and concisely is vital for ensuring clients understand their rights and the progress of their case. They should also possess a deep understanding of the emotional toll of wrongful death and the ability to provide compassionate support to grieving families.
Different Ways to Find a Qualified Attorney in Long Beach
Finding a qualified wrongful death attorney in Long Beach involves a multi-faceted approach. Recommendations from trusted sources, such as legal professionals, family members, and friends, can be valuable starting points. Online legal directories and attorney referral services provide a comprehensive database of attorneys, allowing for preliminary screening based on experience and specializations. Local bar associations and legal aid organizations can also offer guidance in finding qualified attorneys who may provide pro bono or reduced-fee services.
Examples of Successful Attorneys in Long Beach Known for Handling Wrongful Death Cases, Wrongful death attorney long beach
While specific names of successful attorneys are not definitively verifiable here, searching online legal directories or contacting local bar associations in Long Beach can provide a list of attorneys specializing in wrongful death cases. Consulting online reviews and testimonials from previous clients can also offer insight into an attorney’s reputation and effectiveness. Contacting several attorneys and scheduling consultations is vital to gauge their experience, expertise, and communication style.
Resources to Find a Wrongful Death Attorney
- Long Beach Bar Association: The Long Beach Bar Association website often provides a directory of members specializing in specific legal areas, including wrongful death.
- Online Legal Directories: Websites like Avvo, Martindale-Hubbell, and Super Lawyers provide detailed attorney profiles, allowing for research based on experience and client reviews.
- Legal Aid Organizations: Local legal aid organizations may offer assistance in finding attorneys who provide reduced-fee or pro bono services.
- Word-of-Mouth Referrals: Seeking recommendations from trusted sources, such as other attorneys, legal professionals, or family members, can help identify reputable attorneys.
The Legal Process in Wrongful Death Cases: Wrongful Death Attorney Long Beach
Navigating the legal complexities of a wrongful death case requires a meticulous understanding of the process. This section details the crucial steps involved, from initial consultation to potential settlement, outlining the roles of each party and the typical timeline. Understanding these procedures can help those affected by such a tragedy make informed decisions about their legal options.
Steps Involved in Filing a Wrongful Death Lawsuit in California
The process of filing a wrongful death lawsuit in California involves a series of carefully orchestrated steps. These steps are crucial for ensuring the legal rights of the deceased’s family are protected. The process typically begins with a consultation with an attorney to discuss the case details.
- Initial Consultation: This initial meeting with a wrongful death attorney is vital. During this consultation, the attorney will gather crucial information about the circumstances surrounding the death, including the deceased’s identity, the circumstances of the death, and the names of potential defendants. This meeting allows for a preliminary assessment of the case and the potential legal options.
- Case Evaluation: Following the initial consultation, the attorney will conduct a thorough investigation of the facts and evidence surrounding the case. This involves reviewing police reports, medical records, witness statements, and other relevant documentation. The evaluation aims to determine the strengths and weaknesses of the case, and the potential for success.
- Filing the Lawsuit: Once the case evaluation is complete, and the attorney is confident in the viability of the claim, the lawsuit is filed with the appropriate court. The lawsuit will detail the allegations against the defendant, outlining the negligence that led to the death and requesting compensation for damages.
Roles of Court, Plaintiff, and Defendant in a Wrongful Death Case
Each party plays a distinct role in a wrongful death case. The court acts as the neutral arbiter, ensuring fairness and due process. The plaintiff represents the interests of the deceased’s family, while the defendant is responsible for defending against the claims.
- Court: The court oversees the legal proceedings, ensuring adherence to legal procedures and rules. The judge presides over hearings and trials, and the court staff manages the paperwork and scheduling. The court’s role is impartial and ensures a fair resolution for all parties.
- Plaintiff: The plaintiff, typically the surviving spouse, children, or other designated beneficiaries of the deceased, files the lawsuit. The plaintiff bears the burden of proving negligence and seeking compensation for damages.
- Defendant: The defendant, typically the party alleged to be responsible for the death, is required to respond to the plaintiff’s claims. The defendant may present evidence to refute the allegations of negligence and minimize liability.
Typical Timeline for Resolving a Wrongful Death Case
The timeframe for resolving a wrongful death case varies significantly, depending on the complexity of the case, the availability of evidence, and the willingness of both parties to negotiate. Cases involving complex factual issues, extensive discovery, or a reluctance to settle may take longer to resolve.
- Initial stages: From the initial consultation to filing the lawsuit, the process usually takes several months. Factors like gathering evidence and preparing the case significantly influence the timeframe.
- Discovery: This crucial stage involves the exchange of information and evidence between the plaintiff and defendant. This can include depositions, interrogatories, and requests for documents, and may extend the case timeline considerably.
- Negotiation and Settlement: A substantial portion of wrongful death cases settle before trial. Negotiation between the parties, often facilitated by their respective attorneys, aims to reach a mutually agreeable settlement.
- Trial: In cases where settlement cannot be reached, the case may proceed to trial. Trials can be lengthy, and outcomes are not always predictable. Factors such as the complexity of the case and the strength of evidence presented significantly affect the trial’s duration.
Typical Court Procedures in Long Beach Wrongful Death Cases
Court procedures in Long Beach wrongful death cases are similar to those in other California courts. The specific procedures are Artikeld in California’s legal codes and statutes. The court will ensure that the process is followed fairly and according to the law.
| Step | Description | Timeline |
|---|---|---|
| Initial Consultation | Meeting with attorney to discuss the case | Within 1-2 weeks |
| Case Evaluation | Attorney investigates the facts and evidence | 1-3 months |
| Filing the Lawsuit | Formal legal documents are submitted to the court | Within 3-6 months |
Settlement Negotiation in Wrongful Death Cases
Settlement negotiation in wrongful death cases is a complex process, often involving intense emotional factors and significant financial implications. The goal for both sides is to reach a mutually acceptable resolution that addresses the needs of the surviving family while acknowledging the limitations of the defendant’s liability. Effective negotiation requires careful consideration of the potential legal outcomes, the strength of the evidence, and the emotional needs of all parties involved.
The negotiation process can be protracted and demanding, requiring skilled legal counsel to guide the parties through the various stages and advocate for their best interests. Successful negotiation often involves a blend of strategy, tactics, and a thorough understanding of the legal framework surrounding wrongful death claims.
Settlement Strategies
Negotiation strategies in wrongful death cases aim to achieve a fair and equitable resolution. These strategies involve careful assessment of the strengths and weaknesses of the case, understanding the potential liability of the defendant, and predicting the likely outcome of a trial. Parties may employ various strategies to achieve their goals, from aggressive tactics to collaborative approaches.
Tactics Employed by Both Sides
Both plaintiffs (representing the deceased’s estate and surviving family) and defendants (usually insurance companies or corporations) employ various tactics during settlement negotiations. Plaintiffs often emphasize the severity of the injuries and the losses suffered by the family, aiming to maximize compensation. Defendants, on the other hand, may attempt to minimize liability by challenging the evidence or arguing for a lower settlement amount.
- Plaintiffs may present detailed evidence of medical expenses, lost income, pain and suffering, and emotional distress to demonstrate the full extent of damages suffered by the family.
- Defendants may counter by presenting evidence that questions the causality between their actions and the death or disputes the extent of the damages claimed by the plaintiffs.
Factors Influencing Settlement Amounts
Several factors influence the final settlement amount in wrongful death cases. These include the strength of the evidence, the nature and extent of the injuries, the financial resources of the defendant, the potential outcome of a trial, and the emotional impact of the case on all parties involved. For example, a strong case with clear evidence of negligence and significant damages is more likely to result in a higher settlement amount compared to a case with weaker evidence.
- The amount of available insurance coverage is a significant factor, as it directly limits the maximum amount the defendant can pay.
- The legal precedent set by similar cases in the jurisdiction is another factor, as it helps determine a reasonable settlement range.
Negotiation Styles
Negotiation styles in wrongful death cases can vary significantly. Some attorneys adopt a more aggressive approach, emphasizing the strengths of their case and demanding a substantial settlement. Others prefer a more collaborative approach, focusing on finding common ground and achieving a mutually beneficial resolution. The chosen style often depends on the specific facts of the case and the personalities involved.
Importance of Legal Counsel
The involvement of experienced wrongful death attorneys is crucial during settlement negotiations. Attorneys possess the necessary legal expertise and negotiation skills to effectively represent the interests of their clients. They can evaluate the strengths and weaknesses of the case, advocate for fair compensation, and navigate the complexities of the negotiation process. They understand the applicable laws, statutes, and precedents that impact the settlement amount.
Illustrative Case Studies in Long Beach
Understanding the complexities of wrongful death cases requires examining real-world examples. These cases highlight the various factors influencing outcomes, the strategies employed by attorneys, and the legal reasoning behind court decisions. The following case studies, while anonymized to protect the privacy of those involved, illustrate common scenarios and legal principles within the Long Beach jurisdiction.
The Case of the Pedestrian Accident
This case involved a pedestrian struck by a vehicle at a marked crosswalk in Long Beach. The deceased, a young adult, was crossing the street legally when a driver, distracted by their phone, failed to yield the right of way. The accident resulted in immediate and severe injuries, leading to the pedestrian’s death. The key legal issue revolved around the driver’s negligence, specifically their failure to maintain a proper lookout and their disregard for traffic laws. The family of the deceased sued for wrongful death.
The attorney representing the family focused on proving the driver’s negligence, citing eyewitness accounts, traffic camera footage, and expert testimony from accident reconstruction specialists. They presented evidence showing the driver was on their phone, a clear violation of distracted driving laws. The court weighed the evidence and determined that the driver’s actions were the direct cause of the pedestrian’s death, finding the driver liable for negligence.
The Case of the Defective Product
This case centered on a defective product manufactured in Long Beach, a power tool that malfunctioned during use. The user, a skilled craftsman, was fatally injured when the tool unexpectedly discharged, causing serious trauma. The key legal issue revolved around product liability, specifically whether the manufacturer failed to meet the standard of care for the product’s design and safety. The family of the deceased sought compensation for their loss.
The attorney representing the family argued that the manufacturer knew or should have known about the design flaw that led to the accident, yet failed to implement safety measures. Expert witnesses testified about the inherent defect in the product’s design and its deviation from industry standards. The court, after considering the evidence, ruled in favor of the family, finding the manufacturer liable for the defective product and its role in the death. This demonstrated the importance of proving the product’s defect and the manufacturer’s awareness of that defect.
The Case of Medical Malpractice
This case highlighted the devastating consequences of medical malpractice in a Long Beach hospital. A patient, undergoing a routine surgical procedure, experienced complications due to a surgeon’s error. The patient’s death was directly attributed to the surgeon’s negligence. The family sued the hospital and the surgeon, arguing that the hospital failed to maintain a proper standard of care, resulting in the patient’s death. The critical legal issue was establishing the surgeon’s deviation from accepted medical standards.
The attorney for the family presented evidence of the surgeon’s breach of the standard of care through medical records, expert testimony from other surgeons, and witness statements. The court ultimately found the hospital and the surgeon liable for the medical malpractice, emphasizing the need for adherence to established medical practices and the importance of patient safety. The case highlighted the importance of expert testimony in medical malpractice cases.
