Category : Wrongful Death
Determining liability in fatal accidents is the first step families can take toward collecting damages related to the loss of a loved one. If a friend or family member has died due to the negligence of someone entrusted with his or her care, you may have the basis for a wrongful death lawsuit.
Wrongful death damages can be awarded for:
- Loss of wages of the deceased person
- Personal suffering due to loss of parental guidance
- Court costs, attorney and medical fees
In certain cases, you may seek damages if you have lost a loved one due to surgical error, police brutality or personal negligence resulting in fatality.
Since state law controls what evidence must be presented and how negligence is defined in a particular jurisdiction, an attorney in your area will best be able to inform you about your chances for a judgment and award.
Even if you do have a case, the possibility of winning the hearts and minds of jurors may rest on whose testimony you can obtain. The current state of the court’s decisions regarding tort law must also be taken into account.
If a lawyer decides not to take your case, it doesn’t necessarily mean that your loved one was not the victim of wrongful death. It may be that the particular circumstances of your case can’t be successfully proven at the time and in the state in which you reside.
Individual Liability in Accidental Death
If you have been involved in the cause of a lethal accident, or think that you may be liable, consult a wrongful death lawyer right away. Mitigating circumstances may show that you are not at fault. The victim may bear some responsibility due to drug or alcohol use, or conditions may be considered natural “acts of God,” such as weather-related accidents.
The burden of proof is on the plaintiff bringing civil charges of wrongful death. In the event of medical malpractice, expert field witnesses will have to confirm that you violated current “best care” standards.
If you believe that your part in an accident was simply bad luck instead of overt negligence, consult a legal professional. You may still be held liable if either evidence or testimony can be biased in the victim’s favor.
For a list of qualified wrongful death attorneys in your area, complete our short questionnaire.
Even though wrongful death cases can seem confusing, especially when involving the police, you need to keep yourself informed. After an individual is killed from what might be a negligent or deliberate act, the family must file a wrongful death lawsuit within a certain time frame.
Definition: Wrongful Death
Wrongful death cases are usually brought about by the deceased’s family in a civil action lawsuit. During this process, the family is seeking remuneration for both financial and emotional damages. The final decision is based on what is called “preponderance of evidence” rather than “beyond a reasonable doubt.” For that reason, many feel that wrongful death civil cases are often easier to win than ones involving criminal prosecution.
Real-Life Wrongful Death Cases
- Curtis Good: The city of Perth Amboy, New Jersey was sued by Curtis Good’s girlfriend and former girlfriend after Good was shot to death by police. A 1.35 million settlement was paid by the insurance company and distributed between both women, as well as to Good’s children in the form of a trust.
- Jose Angel Rios: Rios was shocked by police tasers and died at the scene. Taser shocks were listed as one of the causes of death, and Rios’ wife and son were compensated $70,000 by the city in 2006.
Learn More About Wrongful Death
Speaking with a personal injury lawyer is good first step for learning more about wrongful death lawsuits, successful wrongful death cases, and if you should proceed with filing a case.
A crying baby, at least one who seems to cry incessantly, is enough to send some people over the edge. It’s a slippery slope which descends into child abuse if the adult is not able to control his or her behavior. He or she may end up shaking a baby so violently that the action causes a head injury to the degree of brain trauma or even fatality.
What causes an adult to perpetrate violence on a baby or young child to the point that shaken baby syndrome occurs?
Some warning signs that an adult may become abusive enough to cause head injury and subsequent traumatic brain injury include:
- He or she has a history of abusive behavior
- He or she has a tendency to react impulsively or aggressively
- He or she has a bad temper
- He or she becomes easily frustrated
- He or she has impaired judgment due to abuse of alcohol or drugs
- He or she is “stressed out” from other factors
Often times the parent or caregiver does not witness the incident and does not realize his or her baby or young child has been abused. Unless the child has obvious signs, such as bruises or cuts, the internal injuries may go undetected.
Here are some signs and symptoms to watch for which could indicate that a baby or young child has shaken baby syndrome:
- He or she is unusually irritable
- He or she is lethargic
- He or she is not eating normally
- He or she is vomiting
- He or she has dilated pupils
- He or she is having trouble breathing
- He or she has increased head size
- He or she has bulges on the fontanels, or soft spots
- He or she is having seizures
If you observe any of these signs or symptoms in a baby or young child in your care, in addition to seeking immediate medical attention, be sure to contact a brain injury lawyer.
Learn more about shaken baby syndrome.
At least one wrongful death lawsuit has been filed, and another one is planned, by families of victims who died due to a Salmonella outbreak in peanut butter manufactured by the Peanut Corporation of America (PCA).
Five hundred people in 43 states were sickened by the contaminated peanut butter. Eight people died in connection with it, and 100 consumers were hospitalized.
The first cases in the outbreak were reported September 3, but the majority of reports of illness came in between October 1 and December 31, according to the Centers for Disease Control.
The first complaint has been filed by a Minnesota law firm representing the heirs of Shirley Mae Almer, a 72-year old who died after eating the contaminated peanut butter in a nursing home. Relatives of the woman, who had survived lung cancer surgery and treatment for a brain tumor, believe eating toast with contaminated peanut butter on it killed their beloved mother.
Allegations against the peanut manufacturer include the following:
- Negligence by PCA and distributor, King Nut, for failure to train and properly supervise production workers and employees handling the peanut butter
- Failure to safely produce, store and transport products
- Failure to maintain sanitary conditions during and after production
- Failure to prevent cross-contamination
- Failure to properly test products
- Negligence per se for failing to comply with state laws
- Other acts of negligence
Congressional hearings were called to investigate the outbreak and Congressman Henry Waxman of California called the plant’s operations alarming. A scientist performing quality control tests on the peanut butter, on behalf of the company, reportedly asked for retesting to be done on certain batches after samples indicated a positive test result for Salmonella.
Retesting may have been used to avoid destruction (and waste) of the contaminated peanut butter batches, as testing, if done repeatedly, typically leads to a negative test result. Once products are testing negative for the presence of a contaminant, they can be processed for distribution.
If you were possibly sickened due to contaminated peanut butter, you should contact an attorney to determine what rights you may have as a result of your illness. The peanut butter was in a number of products under different label names and an attorney can advise you if you may have consumed a potentially contaminated product identified by the Food and Drug Administration.
FIND A WRONGFUL DEATH ATTORNEY IN YOUR AREA
Connor Freed was just 5-years old when he drowned at the Crofton Country Club in the Baltimore, Maryland-area in the summer of 2006. A six-year old child spotted Connor floating face-down in the pool, a few feet from an empty lifeguard chair. Though life-saving attempts were made, a defibrillator that was on site was not used and a lifeguard on duty reportedly froze and watched as others worked to save the boy.
Following the accident, Connor’s parents, Thomas Freed and Debbie Webber, filed a $20M wrongful death lawsuit against the country club and its management company, DRD Pool Services.
The complaint alleged that the country club and management company’s negligence resulted in their son’s death. Local news station, WBAL-TV 11, spoke to Connor’s father who said, “I don’t want to get mad at the lifeguards. They weren’t trained. Their inaction showed they weren’t trained. We’re mad at the lack of training, not the lifeguards.”
Jurors agreed and nearly a year after the boy’s death found the management company failed to adequately train lifeguards and staff at the pool. Four million dollars was awarded to the parents who have vowed to work to raise public awareness regarding the lack of standards in pool safety.
In their son’s memory, the Freeds have started a foundation, and are lobbying state legislators to pass Connor’s Bill which would require pools larger than 2500 square feet to have two lifeguards on duty at all times. They are also using their settlement money to pursue additional litigation in higher courts to change the law.
“It will be something to hang our hats on, so he didn’t die in vain,” Thomas Freed said.
READ MORE ABOUT WRONGFUL DEATH LAWSUITS
