Doctors Found Negligent in Wrongful Death Case Involving Florida Woman Who Died After Childbirth
As reported by the Miami Herald, doctors who delayed a scheduled C-section for a Florida mom for over 14 hours have been found negligent in her death. The woman bled to death after giving birth to her last child, Lillian, in July 2015 at Broward General Hospital. A Broward County jury awarded $24.5 million to the family of the mom who was 34-years-old at the time of her death.
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Read MoreAfter 10 Infant Deaths, Fisher-Price Issues Warning About Rock ‘N Play
On April 5, 2019 Fisher-Price and the Consumer Product Safety Commission (CPSC) released a warning to parents and caregivers about the Rock ‘N Play. The warning came in response to the company receiving reports of deaths involving the infant product; a total of 10 since 2015. The deaths happened when babies rolled from their backs to their stomachs or sides while unrestrained. The press release issued by CPSC noted that all 10 infants were three months of age or older.
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Read More4-Year-old Boy from Utah Killed in Rear-End Accident
A 4-year-old boy was killed Wednesday, January 30 in a rear-end accident in South Jordan, Utah. A Dodge Neon traveling east rear-ended another vehicle that had stopped because of traffic just after 4 p.m. The initial crash caused the car hit by the Neon to rear-end the car in front of it as well. The 4-year old boy – who was sitting in the passenger seat and not in a child restraint or booster but wearing a seatbelt – was critically injured when airbags deployed from the impact of the crash. He died shortly afterward in the hospital. All other people involved in the car accident were checked by medical responders at the scene and released.
As a result of the tragic crash, South Jordan police sent out a reminder to make sure children under age eight are properly restrained in car or booster seats, and that children under age 13 ride in back seats.
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Read MorePedestrian Deaths Surge: Marijuana and Smartphone Usage Could be Factors
Pedestrians need to be more careful than ever as pedestrian death rates surge. The Governors Highway Safety Association (GHSA) released a report in 2018 showing that just under 6,000 pedestrians were killed in accidents involving motor vehicles in the U.S. in 2017. While that is the same number of pedestrians killed in 2016, the death toll is the highest it has been in 25 years.
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Read MoreRichmond, B.C. Trampoline Park Sued for Wrongful Death of B.C. Man
The family of a B.C. man who died while jumping at an indoor trampoline park in Richmond, B.C. on Jan. 20, 2018 filed a wrongful death claim on June 20. The wrongful death lawsuit claims that Extreme Air Park Inc. failed to meet their duty to ensure Jay Greenwood’s safety.
The 46-year old man died after doing several somersaults and other acrobatic moves into the foam pit at the park. On the final landing the man was seriously injured and went into cardiac arrest.
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Read MoreWhen Cycling Accidents Cause Wrongful Death
Car accidents are the most common cause of wrongful death cases – when a person is killed as a result of the negligence or intentional act of another person or organization. Cyclists who are hit by motor vehicles, especially trucks, have a very high likelihood of injury and death. Per billion vehicle miles, 1,011 cyclists are killed or seriously injured, compared to 26 car drivers.
Read MoreWhatcom County May Hit Record Number of Car Accident Deaths in 2017
Our June blog post about a sharp rise in Whatcom County car accident deaths marked 10 deaths between January and mid-June, 2017. As of November 14, 2017 Whatcom County has experienced a tragic 20 crash deaths, which means a shocking additional 10 lives lost. The county has averaged 15 deaths from traffic accidents each year over the last decade but had seen improvement in 2015 and 2016 with 11 and 12 deaths, respectively. The highest number of car accident related deaths over the last decade was endured in 2008 with 21 deaths but 2017 isn’t over.
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Read MoreWhy Does the U.S. Have the Highest Car Crash Death Rate in the World?
A report* released by techtimes.com on July 7, 2016 revealed that the United States suffers the highest car crash death rate in the world compared to 20 other countries who participated in the study. This alarming fact comes despite the fact that the U.S. rate has dropped by almost a third in the last 14 years. Even when only compared against other high-income countries, the U.S. remains at the top of the list. The questions we need to ask the safety experts are why and what can we do about it? The fact that other high-income nations have lower car crash death rates means that we can learn from others and reduce our casualties. “Despite our vehicles being safer than ever before, we still lose 100 people every day in car crashes, and we are on the wrong side of the trend,” said the U.S. National Safety Council (NSC), stressing that it is “frustrated” by the recent findings.
Read MoreTop 7 Causes of Wrongful Death
In Washington State, a case qualifies under the “wrongful death” statute when “the death of a person is caused by the wrongful act, neglect, or default of another.” Wrongful death may occur as a result of many situations including medical malpractice, when a person dies under the care of another, car accidents or criminal acts.
If a person is killed because of the wrongful conduct of a person or persons, the decedent’s heirs and other beneficiaries may file a civil lawsuit – specifically a wrongful death action – against those responsible for the decedent’s death. A wrongful death lawsuit must be proven by a “preponderance of the evidence”, which is easier to demonstrate than the “beyond a reasonable doubt” standard necessary for conviction in a criminal case.
Read MoreWho is Entitled to Bring a Wrongful Death Action Under the Jones Act?
Seamen and other maritime crew take on considerable risks in their job. In the tragic event of a wrongful death there are protections provided under the Jones Act. The person considered the personal representative of a seaman / crew member who died on shore or within three nautical miles from shore, may bring a wrongful death claim under the Jones Act. This representative is typically representing the surviving widow or husband and children. In the absence of these relationships then the employee’s parents, siblings, or others dependent on the seaman may be represented.
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