Injured - The FindLaw Accident, Injury and Tort Law Blog

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

Yesterday morning, an Amtrak commuter train left the track south of Seattle and sent cars plummeting off an overpass onto I-5, killing three and injuring dozens more. Early reports indicate that the train, making its first run on a new route, may have been traveling over 80 miles per hour a quarter mile before the crash site, where the speed limits drops from 79 mph to 30 mph to accommodate a curve in the track.

If it turns out the engineer failed to obey the posted speed limit, what kind of liability would Amtrak be looking at?

Last week, Devin Kelley gunned down 26 people in a church in Sutherland Springs, Texas. As it turns out, due to an Air Force court-martial for domestic violence, Kelley should never have been allowed to purchase the AR-15 military-style rifle he used in the shooting. The problem was that the Air Force never reported his conviction to the National Criminal Information Center database used for gun-buying background checks.

According to the New York Times, the Air Force admitted that Kelley's domestic violence conviction should have been entered into the database and promised to conduct a review of similar cases to determine if others had been properly reported. But could that failure also lead to civil liability in the shooting? Here's a look:

One of the most tragic stories emerging from the wake of Hurricane Irma was the death of 11 residents at a single nursing home in Hollywood, Florida. The Rehabilitation Center at Hollywood Hills lost its air conditioning during the storm, and allegedly didn't contact 911 until two days later. Eight of the facility's patients died the next day, many from respiratory or cardiac distress, some of whom arrived at hospitals with body temperatures of 109.9, 108.5, 108.3, and 107.

There are now a multitude of lawsuits being filed against the nursing home, claiming administrators and staff were negligent in their care of residents.

"As parents, we trust that our children are safe while they are under the supervision of organizations like Community Nursery & Preschool, and that those individuals taking care of our children are responsible, qualified, and professional care providers. When organizations and individuals betray that trust, the consequences can be tragic and heart-breaking."

That sounds like some of the openings we've had to write in response to children being injured or killed while at daycare. In fact they're the words of David S. Cain Jr., an attorney representing the family of 5-year-old Kamden Johnson, whose body discovered in the driveway in Mobile, Alabama last week.

'When a child is in the school district, from the time they get there, the school is responsible for their safety.' So said attorney Jay Dorsey, who is representing the family of a 14-year-old girl who collapsed and died after a gym teacher refused repeated requests to retrieve her inhaler from her locker.

The family has filed a federal lawsuit against the county board of education, the high school where it happened, and the unnamed gym teacher, charging them with civil rights violations, wrongful death, gross negligence, and negligence in hiring and supervising employees.

Suicide among youths is extraordinarily disturbing to read about. When a child who is even younger than a teenager commits suicide, the tragedy is all the more confounding.

Sadly, child suicide is often the result of external factors, such as embarrassment, bullying, or school pressures. Although people often know that schools can be held liable for the injuries students sustain on school grounds, many wonder whether a school can be held liable for self-harm that occurs after school and not on school grounds.

When the police let someone off with a warning, and that person ends up causing harm, are the police liable for not doing their jobs? This question is often the center of much heated debate.

For example, the parents of Toni Anderson, a deceased 20-year-old college sophomore, are reportedly contemplating a lawsuit over an officer's failure to arrest their daughter for DUI in early 2017. Toni was pulled over while clearly intoxicated. Rather than being arrested for DUI, she was told to go get some rest. Unfortunately, Toni crashed her car into a river and drowned. It took authorities nearly two months to find her.

One of the worst things a person can experience is the loss of a loved one. When that loss is due to the negligence of a medical professional or provider, a wrongful death case against them may be possible.

Although it may seem crass or disrespectful to even think about the legal consequences after the loss of a loved one or family member, the law requires individuals to act in a timely fashion. Particularly when the cause of death is related to potential medical malpractice, rather than ordinary negligence or another attributable cause, such as assault, cases must adhere to strict deadlines and filing requirements.

The mother of Philando Castile has settled the wrongful death case stemming from the tragic slaying of her son. The $2.995 million settlement will allow the case to get out of the media spotlight and avoid the deeper probing of a civil murder trial, assuming it gains approval of the court. It will also allow the family to move on more quickly and begin making an impact through the Philando Castile Foundation. The foundation was set up in his honor to aid victims of gun violence and police violence.

Despite the fact that the criminal justice system failed to convict the officer that fired seven rounds into Mr. Castile, quick settlements such as these tend to be viewed as a victory for victims. This is particularly true when the amounts are this large and announced publicly.

The Sigma Nu fraternity on University of Nevada Reno's campus has been sued due to an alleged hazing death that occurred last year. Along with the fraternity organization itself, the housing organizer and several fraternity members have been named in the lawsuit filed by the deceased's parents.

The parents of Ryan Abele filed the wrongful death suit alleging their son was forced to drink excessively, then suffered a life-ending fall down a flight of stairs at the fraternity house the following morning. His death allegedly occurred as a result of hazing incidents that required him to drink excessively and clean the fraternity house after a party.