Wrongful Death: Injured
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Wrongful Death

Wrongful Death claims are usually brought by the estate of a person who was killed due to fault of another. The most common plaintiffs are the surviving spouse or the children of the deceased. The wrongful death laws differ from state to state. Generally, the elements are the same and include a death of a human being which was caused either by negligence or the intent to harm. The surviving family members usually need to be suffering a monetary injury as a result of the death. A wrongful death lawsuit often ties in with other personal injury lawsuits including vehicle accidents or medical malpractice.


Recently in Wrongful Death Category

The family of John Crawford III is suing Walmart and the Beavercreek, Ohio, police department for wrongful death after the 22-year-old father was shot and killed in August.

Crawford was shot by a Beavercreek police officer responding to a 911 call about a man with a gun at Walmart; Crawford was holding a BB gun that he'd found unattended in the store. A grand jury in September declined to indict the officer or his partner for the fatal shooting. The Washington Post reports that Crawford's family is seeking more than $75,000 in damages.

Why is Walmart being sued over Crawford's death?

A woman attending this year's Burning Man festival in the Nevada desert has reportedly been killed in a bus accident.

The woman, who has not been identified pending notification of her next of kin, fell under a bus carrying festival attendees, reports the Burning Man Blog.

What are some of the legal options the woman's family may have following this tragic incident?

Nanny service company Care.com has been sued by the parents of a 3-month-old child who died under a babysitter's watch.

Nathan and Reggan Koopmeiners of Kenosha, Wisconsin, have filed wrongful death suits against Care.com and Sarah Gumm, 35, who is set to stand trial for their baby Rylan's death, reports the Chicago Tribune. The suit alleges that Gumm had prior criminal run-ins that Care.com failed to disclose to the parents, despite the couple paying an additional fee for a "premier background check" on a potential nanny.

Are Care.com and Gumm really liable for the Rylan Koopmeiner's death?

Despite crackdowns by schools and state legislatures, college and high school students continue to get injured and even killed during hazing rituals.

Last month, a California State University, Northridge student died after being found by a park ranger shoeless and dehydrated in a nearby national forest. His family and friends believe that he was being hazed by members of the Pi Kappa Phi fraternity who had taken him and other fraternity pledges on the hike, reports the Los Angeles Times.

If you or your child is injured while being hazed by members of a fraternity, band, sports team, or other school organization, can you sue for your injuries?

The parents of a boy who committed suicide after an embarrassing video was posted online are seeking $1 million from his school district, alleging the school was culpable for their bullied son's treatment.

Matthew Burdette, 14, of San Diego, killed himself in November after an online video of the teen in a school bathroom stall went viral; the classmate who posted the video claimed Matthew was masturbating. San Diego's KGTV reports that Burdette's school knew about the incident, but the boy's parents didn't learn about it until well after their son had passed.

Is the school potentially liable for Burdette's death?

Jockey's Family Wins $7.8M for Racetrack Death

A jockey's family has been awarded $7.8 million in a lawsuit against a racetrack in Pennsylvania where the jockey died nearly four years ago.

Mario Calderon, the jockey, died after being dragged and repeatedly kicked by the horse he was exercising. Calderon also suffered broken ribs and a bleed on his brain, according to Philadelphia's KYW-TV.

Calderon's family sued the racetrack for allegedly creating an unsafe working environment which caused his death.

When Can You Sue for Loss of Consortium?

Loss of consortium is a personal injury claim that can lead to damages for loss of affection and normal marital relations. In some cases, loss of consortium can also apply to a relationship between parents and children.

So when can a loss of consortium claim be made, and what will you have to prove in order to prevail in court?

Here are some general guidelines:

A New York jail inmate was found dead in his cell in February, with officials citing malfunctioning equipment as to why he was "basically baked to death."

An autopsy performed on Jerome Murdough, 56, was inconclusive but initial findings indicated to officials that the mentally ill ex-Marine died of extreme dehydration or heat stroke, officials told The Associated Press. Murdough was in a cell that reportedly was overheated to at least 100 degrees.

What recourse do prisoners have for overheated cells?

The family of the "affluenza" teen sentenced to probation after a fatal DUI crash has decided to settle lawsuits brought by some of the victims.

Ethan Couch's family has agreed to settle with the families of Breanna Mitchell and Hollie and Shelby Boyles -- all three allegedly killed by Couch, then 16, in June, the Dallas Morning News reports.

Youth pastor Brian Jennings was also killed in the crash, but a settlement with his family has not yet been reached.

Can Adults Sue Over a Parent's Wrongful Death?

For an adult child, filing a lawsuit over the wrongful death of a parent can be a tricky matter.

Generally, surviving members of a victim's family can sue for wrongful death when the victim dies from the negligence or misconduct of another.

But because of the way damages are calculated, recovery for a parent's wrongful death can get complicated when adult children file suit. Here's why: