In 2008, a University of Central Florida football player collapsed during a pre-season conditioning drill and later died. In a subsequent wrongful death lawsuit, a jury found the University of Central Florida Athletic...more
A fatal accident is not what usually comes to mind when one hears "wrongful death." The term wrongful death often conjures up the image of someone being killed on purpose and with malice....more
Amy Jo McDaniel, et al. v. Loyd Richard Asuncion
Court of Appeal, Fifth District (March 27, 2013)
California has a statutory settlement procedure (Code of Civil Procedure § 998) by which a party may make a written...more
A jury awarded $7.7 million for the death of a patient who suffocated during a struggle with her caregivers.
Thirty-three year old Lauren Arcady was developmentally disabled, suffered from schizophrenia, and had a...more
When people grow older and they lose the ability to safely take care of themselves on a day-to-day basis, they will encounter a difficult decision that involves moving into an assisted living facility or hiring a caretaker in...more
As previously reported on this Blog here, Brandon Johnson died at the Milwaukee County Health Complex on October 6, 2012 due to complications from a broken neck. For the three days that Mr. Johnson was at the Complex, he...more
When a person’s death is caused by the negligence, recklessness or intentional act of another person, company or group, a legal cause of action may be brought by one of the family against the person or company that directly...more
As reported yesterday on the Samster, Konkel & Safran, S.C. website, special prosecutor John Franke has reportedly decided not to charge three Milwaukee Police Department (“MPD”) officers involved in the death of Derek...more
It goes without saying that no amount of monetary award can compensate for the loss of a loved one. However, money is the only thing our legal system can provide. It is hoped that money helps survivors to move forward with...more
Originally published in Forum magazine, September/October 2012.
I have been asked to share how I have managed to escape sticky situations during trial. Let me give two examples.
Put away your written notes...more
While no wrongful death claim can bring back your lost loved one, a well-documented lawsuit can compensate for the financial losses that you already suffered and will suffer in the future as a result of the death of a close...more
Last month, we blogged about how in Alabama a drinking establishment can be liable if they knowingly serve alcohol to an intoxicated individual that then goes on to cause a serious drunk driving wreck. A terrible 2009 crash...more
In early May 2012, according to Oceanside, California police, former National Football League player Junio Seau was found in a bedroom with a gunshot wound to the chest and revolver near his body. Although Seau did not leave...more
Wrongful death is defined as “the taking of the life of an individual resulting from the willful or negligent act of another person or persons.” In order to sue for wrongful death, it must be proven that the acts or omissions...more
Marie Crooke and her daughter Jennifer Hunt were killed by an alleged drunk driver just days before New Year’s. The two women were riding in Ms. Crooke’s car in Mathews Township when Justin Jones slammed into their vehicle,...more
Robert Champion, a 26-year-old drum major at Florida A & M University (FAMU) died in 2011 as a result of a brutal fraternity hazing ritual. Champion’s family sued FAMU under Florida’s Wrongful Death Act. FAMU argued that it...more
The Inquest into the death of Derek Williams in Milwaukee Police Department (MPD) custody entered the jury deliberation phase on Wednesday, February 20, 2013. As previously reported on this website, the jury is considering...more
It is common knowledge that drunk driving is illegal and if a driver is found to be over the legal limit and causes an accident, they will face serious consequences including possible jail time. Further, the drunk driver...more
Testimony in the Inquest into the death of Derek Williams in Milwaukee Police Department (MPD) custody concluded on Tuesday, February 20, 2013. According to a court document filed by Special Prosecutor John Franke, the...more
The fifth day of the Inquest into the death of Derek Williams in Milwaukee Police Department (MPD) custody took place on Friday, February 15, 2013. As previously reported on this website, Mr. Williams died in the back seat of...more
Recently, in Washington D.C. a 15 month old boy was murdered by his own father by being drowned in a bathtub. The mother had applied for and was granted supervised parenting time. The father was evaluated. The psychologist,...more
In This Presentation:
- Motor Vehicle Accident Legislation
- Tort Claims
- Pecuniary Loss
- Non-Pecuniary Losses
- Statutory Accident...more
The second day of the Inquest into the death of Derek Williams in Milwaukee Police Department (MPD) custody took place on Tuesday, February 12, 2013 and featured testimony by experts who disagreed regarding the cause and...more
In 2008, a high-speed chase with authorities looking to apprehend a suspect in a low-level drug deal brought multiple cars screaming down Memorial Parkway at speeds estimated to be around 90 miles per hour. The chase ended...more
The family of a mother killed in a California crash won a $10 million jury award against the state transportation department for not building a left-turn lane at the dangerous intersection.
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