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

Hofstra Student Hostage, 21, Killed by Police

A Hofstra student was killed after a harrowing split-second decision by a police officer to pull the trigger during a hostage situation over the weekend.

The student, 21-year-old Andrea Rebello, was being held in a headlock by a masked intruder with a loaded gun to her head, reports the Associated Press. When the gunman took aim at the veteran police officer, the officer opened fire, killing both the intruder and Rebello.

In a tragic situation like this, can the Rebello family seek a wrongful death claim against the police?

Soccer-Ball Dribbler Killed by Pickup Truck

Activist and soccer ball dribbler Richard Swanson, whose goal of dribbling a ball from Seattle to Brazil inspired fans around the world, died Tuesday after being hit by a pickup truck.

Swanson, 42, was struck while walking on Highway 101 along the Oregon coast. He started out from Seattle on May 1, with the goal of walking and dribbling all the way to Brazil for the 2014 World Cup, the Associated Press reports. Swanson wanted to promote his love of soccer and the One World Futbol Project, which donates soccer balls to developing countries.

The sad news of Swanson's life being cut short also prompts questions about what can be done legally.

Tough Mudder Death Is 1st Since Race Began

A Tough Mudder participant died in West Virginia last week, and 20 others were treated at a hospital.

Avishek Sengupta, 28, of Maryland, is the first Tough Mudder participant to die during the popular endurance race since it began in 2010. His drowning raises a grim reality that's typically far from the minds of amped participants, and is buried in the fine print of the event's participation agreement.

With extreme endurance activities like Tough Mudder, Rugged Maniac, and Warrior Dash on the rise, it's important for participants to know what they're "risking" by signing on the dotted line of a waiver.

Victims and relatives of last summer's Aurora movie theater shooting can sue the theater's owner for liability and wrongful death, a federal judge has ruled. But not all claims are moving forward.

U.S. District Judge R. Brooke Jackson ruled that claims of negligence against Aurora theater owner Cinemark USA cannot proceed. Jackson's ruling affects 10 lawsuits filed in the wake of the massacre.

The idea that any theater could have been prepared for the actions of a lone gunman may seem ludicrous, but the case made by the plaintiffs has strong foundations in Colorado law.

Audrie Pott's Family Filing Wrongful Death Suit

The family of Audrie Pott -- who committed suicide after she was reportedly sexually assaulted and a photo of the act was shared with classmates via text messages -- is planning to file a civil action against the three boys arrested.

The three teenagers are now expected to face a wrongful death suit on top of the criminal charges.

7 Marines Killed in Explosion at Training Site

Seven U.S. Marines were killed in an explosion during a training exercise. Seven others were hurt.

The explosion happened at the Hawthorne Army Depot in western Nevada, reports Reuters. The cause of the explosion, which occurred about 10 p.m. Monday, remains unclear.

Investigators are still reviewing whether the proper safety protocols were followed. Regardless, the military could potentially be liable for these death and injuries.

Can Bullied Boy's Family Sue Over His Death?

A 12-year-old victim of bullying has died after his family took him off life support. Could the bullied boy's family potentially sue his alleged attackers, or possibly even the school, for his death?

So far, the perpetrators who allegedly bullied and beat sixth grader Bailey O'Neill of Pennsylvania have not faced any criminal charges. And given their ages, they may be able to avoid criminal penalties completely.

However, O'Neill's family may still seek some redress for their tragic loss by seeking civil penalties against the bullies.

Wrongful Death: Who Can File?

A lawsuit for wrongful death is a claim that a person’s life was taken due to the negligence of another person or company. It’s not an accusation of criminal wrongdoing, but it does ask the defendant to pay for the damage caused.

But there’s a big difference between wrongful death and most other civil lawsuits: the person who was injured isn’t the plaintiff.

The reason for that should be obvious given what the lawsuit is about. But that leaves us a nagging question. Who can file the suit?

Strip Club to Pay $10.5M for Monster Truck Death

Mix a strip club, a drunken patron, and a horrific monster truck accident, and you get a $10.5 million jury award.

The family of a woman received the award after a fatal accident in the parking lot of the Spearmint Rhino strip club in Dallas. The driver of a monster truck ran over 23-year-old Kasey McKenzie in March 2011.

McKenzie's family sued the strip club under Texas' dram shop law, and accused the club of serving way too much alcohol to the driver of the truck, reports NBC News.

After a manhunt that lasted over a week, Christopher Dorner has now been confirmed dead, reports The New York Times.

Dorner, a former LAPD officer, is believed to have killed four people earlier this month. His killing spree was allegedly the product of a vendetta he had against the LAPD, according to a manifesto he posted online.

With Dorner now dead, there are many questions left unanswered. One critical legal question is whether the victims and their families can sue Dorner's estate for wrongful death.