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Deceased motorcyclist's family sue the city of Simi Valley, California after he swerved to avoid a pothole, striking a tree and dying, winning $475,000 in a settlement
Deceased motorcyclist's parents and their lawyers win their case against a laundry company after one of their drivers struck and killed their son
Mr. Martin, a 23-year-old airline baggage clerk was riding his motorcycle in February, 1988 when it collided with a laundry delivery truck owned by Peerless Laundry making a left turn into Martin's path. Mr. Martin died as a result of the accident.
Martin's parents decided to sue the laundry company for the wrongful death of their son. During the trial, it was revealed that the driver at the time was actually an accounts-payable clerk who happened to be filling in as a driver that day. Martin's parents and their lawyers argued that the laundry company was negligent in using an untrained employee as a driver, and that the driver was searching for an address at the time of the accident. They produced witnesses that stated that their son was driving within the speed limit with his headlight on at the time of the crash.
The dendant laundry company contended that the driver was not negligent. They argued that Martin was driving over 100 MPH at the time of the crash without his headlight on.
In the end, the jury sided with Martin's parents and their lawyers, awarding them $850,000.
The role of a personal representative in a wrongful death suit explained [Interview]
In this video, personal injury lawyer Bill Coats talks about what the personal representative's role and responsibilities are in wrongful death claims. His advice? Hire an attorney to bring forth any claims for negligence. An attorney is the person best equipped with the legal knowledge and credentials to file the correct documents in court in a timely fashion.
The best and most experienced personal injury lawyer will be the best advocate for the personal representative and other beneficiaries on the claim. It's critical to hire someone who has the knowledge and skills to reach the best and highest settlement. This is how to recoup financial losses both past and future due to accidents from someone else's negligence.
How is a personal representative appointed in a wrongful death claim? [Interview]
If your loved one has been killed in an accident, you are probably hearing about this term "personal representative" perhaps for the first time. How is a personal representative appointed after a wrongful death claim? It's a legal process, not an automatic one. A personal representative must file a petition with the court asking to be appointed. Along with the petition, the court must be provided all supporting documents related to the death (i.e., certificate and will). The process can be complex even at a highly emotional and stressful time. To learn more about appointing a personal representative after a wrongful death claim, click to watch this video interview.
When someone is killed because of the carelessness or misconduct of another person, the surviving members of the victim's family may bring a "wrongful death" lawsuit. Wrongful death lawsuits can also be filed against corporations and governmental agencies for their negligence. A wrongful death lawsuit may only be filed by the personal representative of the decedent's estate. This is usually a close family member, like a spouse, adult child or parent. A personal injury attorney can assist in helping the family have a personal representative appointed.
If a loved one died in an accident, this could be considered a wrongful death
A wrongful death can happen in a variety of ways, from a car or truck accident to a medical procedure that goes tragically wrong. Regardless of the cause, a wrongful death is always heartbreaking, and the resulting claim takes a special kind of experience to handle effectively. When a loved one dies as the result of negligence or recklessness, family members are overwhelmed with grief, anger, and confusion as to what to do next. Often the at-fault party will deny liability and will seek to place blame elsewhere, even on the victim. The legal process can be overwhelming for family members who are mourning and trying to come to terms with what has happened. When a wrongful death happens, the legal stakes are higher and more challenging, the at-fault parties fight harder, and the process can be stressful for surviving family members. If a loved one died during an accident it is quite possible you could file a wrongful death claim. Click to learn more.
A heart-breaking case result of negligence resulting in a child's wrongful death
Negligence can come in so many forms, but in essence means that someone was supposed to do something in a certain way, and did not. This heart-breaking case shows how a personal injury lawyer in Bellingham, WA worked on a wrongful death claim for a child killed because of a long chain of unfortunate events that could have been prevented if not for a government official's negligence.
You may be wondering who can be the beneficiaries of a wrongful death claim [Interview]
If someone close to you has died, you may swimming in unpaid bills and wondering about where future money will come after losing an income stream. It's natural to wonder who can be named a beneficiary on a wrongful death claim and receive financial help after such a devastating loss. Click to watch this video that explains who can be named the beneficiary in a wrongful death claim.
One family's story of claiming wrongful death against their son's drowning
Jet skis may look like harmless fun and seem as though they are so easy to operate a child could do it. However, they are capable of high speeds and can be dangerous. Jet skis require training in order to use. When that training is not taken seriously, and children operate these vehicles without adult supervision, accidents can happen. Here is one story of how that accident resulted in the death of a teen.
The challenges of a wrongful death claim against a trucking company
A vehicle accident is scary, frightening, and awful. When that wreck results in the death of your loved one, it is one of the hardest things in life to go through. If it’s because of a truck driver or company’s negligence, it’s unconscionable. While you might want to file a lawsuit against the responsible parties, the thought of that might feel insurmountably difficult. You know it will be a long, uphill battle, and will take lot of mental and emotional preparation. Truck companies can be ruthless in dealing with accident victims, and will be trying to discredit you or simply fluster and frustrate you when you’re grieving, and just trying to stay afloat after a loved one’s death. Is your best option to simply take what the trucking company offers you in a wrongful death claim?