Christmas Traffic Fatalities 2022
Losing a loved one in an accident is tragic at any time of the year, but a holiday fatality can be even more heart wrenching. While nothing can bring back your loved one, you have the right to seek justice and compensation for your losses through a car accident claim or wrongful death claim when your loved one was injured as a result of another driver’s negligence. Contact a car accident lawyer to discuss your legal rights and any appropriate next steps.
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When Is It Considered a Wrongful Death Car Accident?
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?
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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?
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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.
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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.
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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.
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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.
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What to Do if Your Loved One is Killed in A Car Accident
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.
What to do if your loved one is killed in a car accident
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When Fraternity Hazing Turns Deadly: Wrongful Death Lawsuit
Many freshman college students are excited to join a fraternity or sorority as they start their college experience. It’s a way to create a sense of belonging when away from home for the first time. Most people love their experiences but sometimes things can go very wrong when hazing is taken way too far. Hazing is humiliating and sometimes dangerous initiation rituals, often imposed on students seeking membership into a fraternity or sorority. In recent years, there have been some tragic deaths associated with college hazing that have made the national news. Some of these deaths have resulted in wrongful death lawsuits brought by the family of the deceased. When the actions of a fraternity lead to the death of a person, it may be appropriate to file a wrongful death lawsuit against the university and/or fraternity to recover damages. Here is one example: on February 3, 2020, the mother of the Rutgers student who was killed by a train after becoming intoxicated at a frat party sued the school and fraternity for wrongful death.
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How does Physician-Patient Privilege Affect Wrongful Death Cases?
Physician-patient privilege is a legal concept that protects a patient’s right to privacy of their medical records. This means that without a patient’s consent, a physician is not usually permitted to share their patient’s private or protected health information with anyone. There are some exceptions to physician-patient privilege, including a court order for medical records.
The protection of patient records becomes difficult after someone is deceased, with some believing that a patient’s privacy should continue after their death while others believe that privacy should end after death.
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