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Is it safe for me to open a small estate in my husbands' name due to medical malpractice suit?

Is it safe for me to open a small estate in my husbands' name due to medical malpractice suit?

Full question:

Before my husband passed away, we had signed a contract with a large law firm in Maryland and have a medical malpractice suit ongoing at the present time. My husband just passed away the 15th of February and the law firm wants me to open a small estate in my husbands' name. What is this for and is it for my benefit or the law firms benefit, and is it safe to open a small estate?

Category: Wills and Estates
Subcategory: Small Estates
Date: 04/07/2025
State: Maryland

Answer:

When a person dies, their assets are distributed in the probate process. If a person dies with a will, an executor is named to handle the distribution of the estate. In cases where the decedent didn't own property valued at more than a certain amount, which varies by state, the estate may go through a small estate administration process, rather than the formal probate process. It is a legal procedure that is less complicated, and can reduce the time and expenses associated with the formal probate process. As long as the statutory requirements are followed, it is authorized to proceed with a small estate administration in Maryland. In Maryland, small estate administration is allowed if the decedent's estate isn't worth more than $30,000. Typically, a law firm should charge a client less to handle a small estate case rather than a formal probate of an estate, due to its simplied nature.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the odds of winning a medical malpractice lawsuit?

The odds of winning a medical malpractice lawsuit can vary significantly based on several factors, including the strength of the evidence, the jurisdiction, and the specifics of the case. Generally, statistics suggest that about 20-30% of medical malpractice cases go to trial, and of those, around 50% result in a favorable outcome for the plaintiff. However, many cases settle before trial, which can also impact perceived odds. Consulting with a qualified attorney can provide a clearer picture based on your specific situation.

What's the average legal malpractice settlement amount?

The average legal malpractice settlement amount can vary widely depending on the case's circumstances, the damages incurred, and the jurisdiction. Settlements can range from a few thousand dollars to several million. Factors influencing the amount include the severity of the negligence, the impact on the client's life, and the legal fees involved. It's important to consult with a legal professional to understand potential outcomes based on your specific case.

What are the consequences of medical malpractice to doctors?

Consequences of medical malpractice for doctors can include financial repercussions, such as hefty settlements or judgments against them, increased malpractice insurance premiums, and potential disciplinary actions from medical boards. Additionally, a malpractice claim can damage a physician's reputation and lead to loss of trust from patients. In severe cases, it may result in the loss of a medical license. Ongoing education and adherence to best practices can help mitigate these risks.

What percentage of medical malpractice cases settle?

Approximately 90% of medical malpractice cases settle before reaching trial. Settlements are often pursued to avoid the uncertainty and costs associated with a trial. Factors influencing the decision to settle include the strength of the evidence, the potential for a higher award at trial, and the desire for a quicker resolution. Each case is unique, so discussing options with an attorney is advisable.

How much are most medical malpractice settlements?

Most medical malpractice settlements typically range from $50,000 to $250,000, but they can be higher depending on the severity of the injury and damages involved. Cases resulting in significant long-term impacts or wrongful death can lead to settlements in the millions. The specific amount can vary widely based on the circumstances of each case, making it essential to consult with a legal professional for a more tailored estimate.

What are the four elements of medical negligence?

The four elements of medical negligence are: 1) Duty: The healthcare provider owed a duty of care to the patient. 2) Breach: The provider failed to meet the standard of care expected in their profession. 3) Causation: The breach directly caused harm or injury to the patient. 4) Damages: The patient suffered actual damages as a result. All four elements must be proven for a successful malpractice claim.