Wrongful Death Settlements: Questions Answered
In the grieving process for a loved ones lost to wrongful death settlements, comes the reality that the family may face financial hardship without a fair wrongful death settlement. Wrongful death lawyers help grieving family members – through a representative of the decedent’s estate – file wrongful death claims to compensate family members or the estate for the wrongful death of their family member.
Since most of us are not wrongful death attorneys, it is understandable that families feel overwhelmed about wrongful death claims and wrongful death settlements. With over 40 years’ experience helping families recover damages for the loss of their loved ones, we are happy to answer questions that help provide peace of mind to our grieving clients.
Wrongful Death Lawsuit Brought by Southwest Airlines Flight Attendant Who Lost Husband to COVID-19
As reported by thehill.com, a Southwest Airlines flight attendant has filed a wrongful death lawsuit against her employer after she attended a training session that she says exposed her – and indirectly her husband – to Covid-19. The suit alleges that the company’s lax Covid-19 protocols and contact tracing efforts eventually led to the death of her husband. Covid pneumonia was listed as the primary cause of death. Sixty-nine-year-old Carol Madden, filed the suit in the U.S. District Court in Maryland; she is seeking more than $3 million in damages for the wrongful death of her then 73-year-old husband.
Top 4 Myths about Wrongful Death Claims
While no amount of money can replace your lost family member, there are practical reasons for pursuing a wrongful death settlement. Financial stresses often become very real after the loss of a family member, especially if they were the primary bread winner. Unexpected expenses such as the cost of the funeral and medical bills can also add up quickly. If you lost a loved one because of the negligent or intentional behavior of another, a wrongful death claim may the best (and only) way to recover financial compensation. There are many myths about wrongful death claims that may prevent people from filing a claim that they are entitled to. We will take a look at some of the main ones in this article.
What Damages Can Be Recovered in a Wrongful Death Case?
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
Are Wrongful Death Lawsuits Increasing Because of COVID-19?
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?
2019 Changes to WA State Wrongful Death Laws
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.
Family of Walmart Employee That Died of Coronavirus Complications Files Wrongful Death Lawsuit
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
What’s the Difference Between Wrongful Death and Medical Malpractice?
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
State or Federal Court for a Wrongful Death Claim?
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
Filing a Wrongful Death by Police Claim
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