Wrongful deaths can occur in a myriad of ways and may be difficult at first to determine, but as a general rule if someone’s death could have been avoided, the death may have been wrongful. Understanding what constitutes a wrongful death is important, because whenever someone’s death occurs due to negligent or intentional conduct on the part of one or more parties, it may be po
Whenever an accident occurs due to the negligence of one or more parties, it may be possible to file a personal injury claim or lawsuit to recoup the accident victim’s damages. However, “accident” is a broad term that can be used to describe anything from a motor vehicle crash to a workplace accident. Any situation in which one party suffers serious injuries—physical or mental—as a result of a dangero
Workplace deaths typically occur when a worker sustains injuries on the job that lead to their death; workplace deaths may also occur when an accident occurs at work leading to a death at the scene. Unfortunately, these situations typically leave grieving family members to pick up the pieces both emotionally and financially. The good news is that family members of a worker who passed away due to workplac
When a loved one passes away due to the negligence of another party, it may be possible to file a wrongful death claim or survival action to seek compensation for their damages and possibly the family’s loss. If given the option, many attorneys recommend filing a wrongful death claim, as the damages which can be sought tend to be far more comprehensive and include the emotional suffering and financial
Unfortunately, in the field of personal injury law, it is not uncommon for the plaintiff who suffered a catastrophic injury to pass away before their lawsuit concludes. When a loved one dies in the middle of their litigation, or even before they were able to file, surviving loved ones have a few options for how to continue. Personal injury lawsuits may be morphed into survival action, and/or the loved
In most states, when someone’s death occurs as a direct result of another party’s negligent or intentional conduct, the surviving family may be eligible to file a wrongful death claim. A wrongful death claim can often help pay for damages that occurred to the deceased prior to their death in addition to damages the family will suffer as a result of their passing. However, the laws can vary from state t
Wrongful death occurs when someone’s passing was the direct result of another party’s negligence or intentional acts. If you suspect your loved one’s death could have been prevented by proper attention to safety, you may be eligible to file a wrongful death claim on their behalf. A wrongful death claim is a type of lawsuit in which a deceased victim’s surviving loved ones can seek compensation for the
The Electric Reliability Council of Texas (ERCOT) and American Electric Power (AEP) are facing a spate of wrongful death lawsuits related to state-wide power outages during the historic winter storm of February 2021.
Power outages during this period left approximately four million Texans without power for some duration of time, with outdoor temperatures reaching -6 degrees Fahrenheit in some par
While every workplace carries its own risks, proper attention to and enforcement of safety protocol can mitigate any potential hazards. That said, some work environments have more hazards to guard against than others. For example, office workers likely face fewer physical risks in the workplace than those who work in fields requiring manual labor. Construction sites are particularly susceptible to failed safety oversight resulting in accidents...
Whenever someone’s death occurs as the result of another party’s negligence or intentional acts, their surviving loved ones may be eligible to file a wrongful death claim. Wrongful death claims are a type of civil lawsuit in which the family of the deceased can sue the at-fault party for the same damages their loved one could have if they survived, in addition to certain damages specific to wrongful de
A wrongful death claim may be filed when one person dies as a result of the negligent conduct of another party. As a general rule of thumb, if the person would have been eligible to file a personal injury lawsuit had they survived their injuries, the victim’s family can file a wrongful death claim. Damages which can be included in a wrongful death claim are vast, and include payment for the victim’s me
A wrongful death is any death that occurs due to the negligent or intentional acts of another party; in other words, if a death could have been prevented by reasonable attention to safety, it is quite possible that the surviving family is eligible to file a wrongful death lawsuit. If your family has suffered the wrongful death of a loved one, reach out to a wrongful death attorney to discuss your optio
Loss of consortium, also referred to as “loss of care” or “loss of companionship”, is a damage that may be compensable in a personal injury claim when someone’s injury prevents them from engaging with loved ones like they did before. Some injuries can be so severe that they prevent the injured person from living their life the way they did before.
For example, if a spinal cord injury prevents s
A new lawsuit against Noah’s Ark Beef Processing Plant in Hastings, Nebraska is just one of many in a string of injury lawsuits against employers—particularly in the meat-processing industry—who allegedly failed to implement and enforce adequate COVID safety protocols for workers.
Plaintiffs in the lawsuit include several former employees and even a pediatric doctor responsible for treating children of the meatpacking workers as well as the...
Losing a loved one in a work-related accident is always a tragedy, but can be particularly damaging when the deceased was a primary earner for the family. When a loved one dies in a work-related accident, depending on the circumstances of the death the family may be eligible to receive a variety of benefits. If your loved one’s death occurred as the result of negligence or intentional conduct on the part of the employer or a third-party such as...
Nursing home neglect can occur in many ways but always results in a lack of necessary care for residents of a nursing home. In fact, nursing home neglect and abuse often go hand-in-hand, and can result in the same kind of damages. There are many reasons for nursing home neglect, and many of them are a result of administrative choices rather than the choices of individual staff members. If you or a
Wrongful death lawsuits may be possible in the event that a loved one dies due to injuries caused by the neglectful or intentional conduct of another party. If the injured person would have been eligible to file a lawsuit had they lived, it is likely their family will be eligible to file a wrongful death claim if they pass away.
Unfortunately, this happens sometimes even when the injured person
Intentional conduct refers to the behavior an at-fault party engages in with the intent to purposely harm someone else. Most personal injury cases, or “torts”, revolve around proving that the at-fault party was negligent, and that their negligence led to the victim’s suffering. However, in regard to intentional torts, the victim must be able to prove that the harm they suffered (physical or otherwise)
All-Terrain Vehicles or ATVs are known for their rollover risk. While it is possible for a rollover to occur with relatively little damage, injuries are a common risk and can be severe depending on the circumstances of the rollover. Children under the age of 16 are particularly at risk of injury on an ATV, so it’s important to follow safety guidelines including riding an ATV of the right size and supervising young riders.
In the event that...
Air travel has become an increasingly popular method of travel, especially over long distances. However, with the advent of air travel came the need for rules and regulations designed to protect passengers and pilots from what might otherwise be catastrophic scenarios. The Federal Aviation Administration (FAA) publishes and updates industry regulations for both commercial and private aircraft. Failure to follow FAA regulations can result in...
Criminal negligence occurs when someone should reasonably have been aware of the dangers of their action yet acted anyway without regard for their own and others’ safety. In some states, criminal negligence may be referred to as recklessness. or the terms may be interchangeable. A jury may decide that a behavior or choice was criminally negligent when another person in the same situation would be more likely than not to have recognized and...
Construction sites generally have many different parties working on and around them at once. This can make it difficult to identify where liability falls when an accident occurs. There are several parties which are commonly held liable for construction worker injuries which should first be investigated.
Additionally, there are a variety of injuries which are more common than not on a construction site. Depending on the state and how the injury...
There are many forms of medical malpractice, including incorrect dosage. Incorrect dosage is a relatively straightforward form of malpractice, and occurs when a patient is injured or killed by receiving an improper quantity of medication in their dosage. Individuals injured by medical malpractice may be eligi
A jury is a group of 12 people responsible for evaluating evidence presented in court to decide whether an accused party is liable or not. A jury is filled by randomly selecting a handful of individuals from the relevant county with some form of government identification such as being registered to vote or having a state identification card. While receiving a jury summons in the mail instills dread in some people knowing it may require a...
According to the Centers for Disease Control (CDC), every day in the United States approximately 9 people are killed and more than 1,000 people are injured in crashes reported to have involved a distracted driver. Distracted driving is a serious hazard that every driver is susceptible to. While it might not seem like a big deal to quickly check a text while sitting in traffic, a lot can ha
When a loved one dies due to a work-related accident or injuries, it can be difficult to know how to move forward. Not only do families struggle with the emotional loss of someone they cared for and depended on, but the financial ramifications can be significant as well, especially if the deceased was the primary wage-earner. Workers’ compensation is often credited as a way to cover medical bills
A person can file a wrongful death claim on behalf of a deceased loved one when their death arose from a situation that should have been avoidable, or as a result of negligence by another party. Not everyone can file a wrongful death claim, and the eligibility for filing one of these claims may vary from state to state. Research the laws in your area regarding who may or may not file a wrongful death claim. In many cases, the person filing the...
When a firearm malfunctions, the effects can be devastating. Firearm defects can cause serious injuries and even fatalities when they misfire or discharge outside of the gun owner’s control. When someone is injured due to a firearm, it can be difficult at first to determine who is liable: the gun owner, the distributor, the manufacturer, or another party. Because of the general severity of firearm inj
Anesthesia is an important part of many medical procedures, and is designed to inhibit the sensation of pain during surgery. The doctors responsible for administering anesthesia are called anesthesiologists and it is their job to monitor a patient’s breathing and other vital functions to make sure that all functions are working as they should while the patient is unconscious.
However, there are risks associated with the use of anesthesia. Too...
Nursing home neglect is an alarmingly common phenomenon that is rarely talked about. While many parties can be responsible for elder neglect and abuse, nursing home neglect can be particularly disheartening. As loved ones seek safe, caring homes for their elderly family members to transition to, there is a level of trust necessary in any facility—trust that the family member will be cared for wi
You might be surprised to discover that the vast majority of personal injury cases are settled outside of court. This means that both parties were able to reach an agreement without the involvement of a judge or jury. There are many benefits to settling outside of trial versus going to court. However, the circumstances of your case and the parties involved could determine the likelihood of your case g
Construction sites present many hazards. With heavy materials, power tools, and ladders common elements found on a construction site, accidents can occur. Damages including medical bills and lost wages are just two of the many damages often involved in construction site injuries. If you or a loved one were injured on a construction site, there are a series of steps you can take to evaluate your
Medical malpractice can result in lasting and life-changing injuries. While there is a long list of injuries that can occur due to medical malpractice, there is a variety of alarmingly common injuries that deserve special awareness. Perhaps even more alarming is that according to Diederich Healthcare, only 2% of medical malpractice victims pursue legal compensation, leaving the other 98% of victims struggling to pay their increased damages out of...
Medical devices are relied upon by doctors and patients alike to work in predictable, effective ways. When a medical device fails to do so because of a defect, severe consequences can occur to a patient’s health. If you or a loved one were injured by a defective medical device, it can be difficult to figure out who is liable for the injuries or damages caused by that defect and how to proceed with pursuing compensation.
It’s important to note...
Like any product liability case, defective vehicles or auto parts can cause severe damage to the unaware consumers who have purchased them or find them included in their vehicle. Common examples of auto defects include faulty airbags, seatbelts, tires, and brakes, as wel
Losing a family member under any circumstance is deeply painful and can be extremely traumatic—especially when a family member dies under circumstances constituting wrongful death. When someone dies due to another person or organization’s negligence or intentional malicious actions, the victim’s estate/family members are eligible to file a wrongful death claim. A successful wrongful death claim can hel
Earlier this month, five families in Northwest Dallas filed a lawsuit against natural gas provider Atmos Energy. The lawsuit accused Atmos of negligence in meeting gas line safety regulation and connected the claim of negligence to a fatal gas leak explosion in February 2018. The explosion occurred in the plaintiffs’ residential neighborhood, killing a 12-year-old girl.
The lawsuit alleges that, in th
After replacing fluorescent light fixtures with LED options, an accident caused severe and deadly burn injuries for a 28-year-old worker at the Santa Fe Community Convention Center. The question remains: did the company do everything it was supposed to do to ensure the safety of their employee?Why Did This Electrocution Accident Occur?The incident occurred due to the electricity still
Cruise ships can offer a false sense of security. You’re on vacation, so it’s natural to let your guard down and relax. Unfortunately, there are many instances of horrible things happening aboard cruise ships due to negligence, including wrongful death. These situations present a unique set of dangers. You’re on a ship—oftentimes in the middle of the ocean—and anything can happen. There are only so man
It’s a sad fact that oftentimes the police will make mistakes and be negligent of their duties, resulting in wrongful deaths. In that case, according to the law, the appropriate parties should be held accountable. This is even in the case where the police are doing their job as they should and accidents do happen; still someone has to be held accountable, and that is often the police officer responsibl
Many months and possibly years of investigation go into a defective seat belt lawsuit. An accusation against an auto manufacturer isn’t a light matter. This was the case for one lawsuit, which awarded $5,000,000 to a claimant who accused Honda Motor Company of negligence. After a low speed rollover, the man struck his head against the roof of the car, causing severe damage that eventually led to quadriplegia. The court decided that the seatbelt...
When daycare providers fail at their duties due to negligence, it can result in the death of children. Such is the case for New Mexico daycare professionals, Mary Taylor and Sandi Taylor, mother and daughter, with sentences of 36 and 30 years respectively . They were accused of leaving two children in a hot car for between two to three hours in July of 2017. One child died, and the other faced critical injuries. Mary and Sandi say they took...
Carbon monoxide is known as the silent killer. You often don’t even realize you’re inhaling it, and that’s the biggest part of the danger. The fact is someone must be held accountable for the potential wrongful death or personal injury claim resulting from carbon monoxide poisoning, but a question always r
In maritime law, it’s important to understand that if you’re serving in the military or in some other fashion that involves a “vessel”—such as a boat, ship, barge, or even an oil rig or platform—that vessel may be considered “unseaworthy.”
However, What Exactly Is an “Unseaworthy” Vessel?
When a vesse
The most common cause of wrongful death is medical negligence, but it could be due to many other things. Generally speaking, if there was a fatal injury caused by someone else’s neglect, misconduct, or incompetence, then a wrongful death case is warranted. It could also be connected to other illegal activity committed by the other person, such as drunk driving or theft. It could be caused by any individual, company, or entity. The cause could...
Here we are in the era of self-driving cars, and we have one more fatality to add to the Tesla Model S incidents. This time, a pedestrian was killed by an autonomous Uber car this month out in Arizona in the middle of the night. Earlier this year, in January, a man on his motorcycle was badly injured by a GM that suddenly swerved into his lane. Google has had problems, as well. Still, the argument is being made that self-driving cars are safer...
Overview
When a loved one dies, the pain and stress can be overwhelming; this terrible situation is made worse when the death came as the result of another party’s negligence. When someone dies as the result of negligence, it is considered a wrongful death. Wrongful death falls under personal injury law, and it often involves
