Losing a loved one in a fatal car accident is always shocking and devastating. Surviving family is left to pick up the pieces – both emotionally and financially – and may be left wondering how they are going to get by without their suddenly deceased family member.
According to IIHS, there were 33,654 fatal motor vehicle crashes in the United States in 2018, resulting in 36,560 deaths. The accidents and deaths resulted in a death rate of 11.2 deaths per 100,000 people and 1.13 deaths per 100 million miles traveled. But how do we know when a fatal accident rises to the level of wrongful death?Read More
When a loved one is killed because of the reckless or negligent behavior of another – whether that be another driver or a medical professional – the family is likely to experience extreme grief over their loss. As the shock wears off, the family may start to panic about how they will be able to afford medical bills from the deceased or even pay their regular bills if the victim was contributing to household income or caregiving. Wrongful death claims are filed to seek compensation for the losses the family has endured and those that they will suffer down the road. Another way of saying compensation is “recovering damages.”Read More
Wrongful death lawsuits are filed to hold a negligent party accountable and to recover damages for the wrongful death of a loved one. With more than 100,000 Americans now dead after contracting Coronavirus, some may be wondering if wrongful death lawsuits are increasing because of COVID-19?
Thousands of low-paid essential workers are being exposed to the virus every day and that means employers are vulnerable to lawsuits for failing to protect their workers. We already shared a post about the estate of a Walmart worker suing for wrongful death after he died of Coronavirus complications. For low-paid workers with meager health insurance coverage, a wrongful death lawsuit may be the only hope for the family to pay for the medical expenses incurred by their loved one for treating Coronavirus. The question is how many will bring lawsuits and will they be successful?Read More
Effective, July 28, 2019, Washington State’s wrongful death laws were expanded with the amendment of four statutes in SSB 5163. In short, the Substitute Senate Bill allows a broader category of people to be able to sue for wrongful death (RCW 4.20.020) and expands the types of damages they may recover (RCW 4.20.046). Note that the law was remedial and retroactive and applied to all claims that were not time barred, as well as any claims that were pending in any court on July 28, 2019.Read More
As reported by CNBC, A 51-year old Walmart employee died of complications of Coronavirus just two days after he was finally sent home from work on March 23rd. Wando Evans’ family alleges in the lawsuit that Evans told his managers about his symptoms but was ignored. The suit also alleges that Walmart knew that other employees were also showing symptoms of Coronavirus and that another man who worked at the store also died, just four days after Wando. Wando had worked for Walmart for the last 15 years as an overnight stock and maintenance associate at a store in Evergreen Park, near Chicago.Read More
When a person is injured or dies as a result of the negligence of another, they may be able to file a personal injury claim to recover damages. While both wrongful death and medical malpractice fall under tort law, the appropriate type of claim depends on the circumstances and type of injury. Medical malpractice is a specific subset of tort law that aims to hold professional negligence accountable while wrongful death law is applied in tort cases where the defendant’s behavior resulted in the death of the victim.Read More
When a person dies because of the negligence or willful act of another entity or person, the surviving family members may be able to bring a civil lawsuit, often through a representative of the deceased person’s estate. This type of lawsuit is called a wrongful death claim and its purpose is to recover damages for pain and suffering, lost income, care and companionship, medical and funeral expenses, etc. The rules for wrongful death claims vary from state to state, where the vast majority of wrongful death claims are made.
There are some circumstances, though, where wrongful death claims end up in federal court. Often, this is when a defendant requests that the case be moved from the state-level to the federal judicial system.Read More
We know that police officers are supposed to “protect and serve” their communities and most of the time they do a really good job. Unfortunately, there are thousands of situations where a police officer’s actions lead to the death of another person. In some cases, the officer is charged with homicide and in others their actions are deemed reasonable based on the circumstances. The family of the deceased person may be able to file a wrongful death action if a wrongful death attorney can show that the officer’s negligence or willful disregard for the law led to the death of their loved one. Unlike a criminal charge, the purpose of a civil lawsuit is to fight for a financial settlement for pain and suffering, medical and funeral expenses, lost companionship, parental care and other damages.Read More
If you have lost a loved one because of the negligence of another, you’re likely feeling heartbroken and overwhelmed. You may also be wondering how you are going to support your family financially in light of the loss. A wrongful death claim may be a valid option to help your family recover damages such as funeral and medical expenses, lost income and more.
When it comes to all types of personal injury claims – including wrongful death – every state has many laws in place. These laws include a statute of limitations and the “Discovery Rule.”Read More
It’s a nightmare scenario: you’ve just received a call that you partner or child has been killed in a car accident. According to the Association for Safe International Road Travel, more than 37,000 people die in car accidents in the United States every year. You will understandably be feeling overwhelmed with grief and shock after receiving this call so it’s important to know what to do before it happens.