Wrongful Death

News & Analysis as of

Alabama Man Faces Murder Charge After Causing Fatal Accident

When an Alabama driver makes the decision to get behind the wheel under any impairment, a fatal accident may be a harsh possibility. Driving requires a person's vigilance, and being impaired severely reduces that. ...more

Florida Supreme Court Strikes Down Wrongful Death Non-Economic Damages Cap for Med Mal Cases

On March 13, 2014, the Florida Supreme Court, in a 5-2 ruling, issued its long-awaited opinion following review of the Eleventh Circuit Court of Appeal’s decision in Estate of McCall v. United States, 642 F.3d 944 (11th Cir....more

Majority Of OHSA Fines In $100,000 To $150,000 Range In Fatality Cases, Court Notes

In sentencing an employer to a $115,000.00 fine in the case of a tragic workplace death, an Ontario Justice of the Peace has discussed the range of fines against employers convicted of charges under the Occupational Health...more

Asbestos Alert: Paulus v Crane Co.

Second District Court of Appeal, Division Three, Action # B246505 (Filed Feb. 21, 2014, modified Mar. 24, 2014) 2014 WL 1157284 ____Cal.App.4th____ - Sufficiency of Expert Testimony to Prove Causation; Bankruptcy Trust...more

Alabama Boy's Fatal Accident By Electrocution Raises Questions

In 2009, a young boy in Alabama met with what can only be described as a tragic, and sudden, end. While playing in a relative's yard, he ran into the neighboring yard -- which was owned by a commercial entity -- and was...more

What Can I Recover in a California Wrongful Death Lawsuit?

According to the latest data from the National Safety Council, unintentional fatal injuries are the fifth leading cause of death in the US, exceeded only by heart disease, cancer, stroke, and chronic lower respiratory...more

Florida Supreme Court Holds Statutory Cap on Non-Economic Wrongful Death Damages in Medical Malpractice Actions Violates the...

In Estate of Michelle Evette McCall, et. al. v. United States of America, SC11-1148 (Fla. 2014), the Florida Supreme Court decided the following certified question: Does The Statutory Cap On Wrongful Death Noneconomic...more

He Who Hesitates …

The adage “He who hesitates is lost” is particularly true in the world of civil litigation, where statutes of limitations dictate how much time you have to take legal action after an injury accident. Once that time is up, in...more

Illinois Supreme Court's March Docket Announced

The Illinois Supreme Court has published its docket for the March term in Chicago. The civil cases on the Court's docket include...more

Pharmacy Errors — Receiving Compensation for Your Harm

A Houston, Texas mother is suing her local pharmacy for a prescription error that led to the death of her daughter. In August, 6-year-old Jadalyn died after taking a dose of liquid morphine that was 10 times the strength she...more

Real Estate Project Management Firm Fined $100,000 In Workplace Fatality

The death of one of its subcontractor’s employees has resulted in a $100,000 fine to a real estate project management firm....more

Trade Group Seeks Greater Legal Protections For Contractors Operating In War Zones

Earlier last week, the Professional Services Council filed an amicus brief in the United States Supreme Court in support of a writ of certiorari of a Third Circuit decision regarding contractor immunity in war zones. The case...more

Engineer Now Facing Both Criminal Negligence, OHSA Charges In Mall Collapse

Police have laid criminal negligence charges against a professional engineer in relation to the Elliot Lake mall collapse in June 2012. The charges against professional engineer Robert Wood are two counts of criminal...more

Texas Court Holds Employer Not Liable for Drunk Employee's Death

A state appellate court in Houston, Texas recently held that an employer had no duty to prevent an employee from injuring himself as a result of his own intoxication. ...more

What to Do When a Loved One Is Killed in an Accident

Confronting the death of a loved one is never easy, and when that death was unexpected and avoidable, it becomes all the more difficult. In addition to the emotional trauma, spouses, children and other dependents often wonder...more

Supervisor Jailed Under OHSA After Lying To MOL Inspector, Police

In what is still a relatively rare occurrence, an Ontario supervisor has been sent to jail for violating the Occupational Health and Safety Act after a worker died. Lying to the police and Ministry of Labour inspector did...more

Threshold for Admissibility of Expert Opinion Affirmed by Pennsylvania Appellate Court

Pennsylvania’s intermediate appellate court recently affirmed an order granting summary judgment for Rohm and Haas (R&H) in a chemical exposure wrongful death action, finding the plaintiff’s expert’s opinion regarding...more

Jury Decides Against Wrongful Death Verdict In Jackson Case

I talked earlier about the deposition of the children of Michael Jackson as part of the wrongful death action brought by their maternal grandmother, Katherine Jackson after the death of her son, pop star Michael Jackson. ...more

Georgia Wrongful Death Lawsuits — Frequently asked Questions

If your relative dies in an accident, you may be able to sue the person or company who caused the accident for wrongful death. Georgia law sets forth a general framework for wrongful death compensation...more

$6 Million Wrongful Death Award Didn’t Meet “Reasonable Level of Certainty” says 4th Circuit COA

In NC wrongful death damages can include claims for lost services, care and companionship of the decedent. NC courts recognize that such damages are not often capable of “exact ascertainment.” Nonetheless, these damages are...more

What is the Difference Between a Wrongful Death and a Survival Action?

In October, a jury found that electronic defects in a 2005 Toyota Camry caused the car to accelerate suddenly, crash into a wall, kill a passenger and cause serious driver injuries. Toyota had to pay $3 million in...more

‘Tis the Season for Social Host Liability

With Christmas just around the corner, the holiday season is well underway. For many, this means that the next few weeks will be filled with buying and wrapping gifts, baking and decorating cookies, listening to festive...more

BB&K Police Bulletin: Use of Deadly Force: Officers’ Pre-Shooting Conduct Included in the Totality of Circumstances Test...

Overview: Deputies shot and killed Shane Hayes inside his home. His daughter filed suit against the deputies and the county for excessive force, Fourth Amendment violations, negligent wrongful death and claims against the...more

Wrongful Death Statute of Limitations in Arizona

Losing a loved one in an accidental death is always difficult, but it can seem especially unfair when the accident resulted from the careless or negligent actions of another person. Just as the law holds negligent parties...more

Wrongful Death Loopholes

Florida’s wrongful death statute is theoretically designed to compensate victims and punish the responsible parties. Unfortunately, in a medical malpractice claim, neither of these things may ever be able to happen, even in a...more

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