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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

Some deaths feel accidental, tragic, unavoidable. And some others feel so easily preventable. Malfunctions and accidents happen, but we hope that the systems we put in place to protect us from those inevitable dangers will work. And when they don't, we want to hold them accountable.

So it's understandable that a person might expect a home security system, one that promised to alert authorities in case of alarm, wouldn't ignore two warnings and unanswered calls and "inexplicably" clear an incident, especially when that incident is a deadly house fire. But that's what happened to Elizabeth Frost, who died of smoke inhalation and carbon monoxide poisoning after a fire in her home. So, is the home security system to blame?

Mother Sues for $60M After Child Died in ICE Custody

There's nothing more tragic than the death of a child, but this death has an added element of tragedy.

Two weeks after entering an ICE facility, and immigrant child died. The child's mother is now suing for $60 million.

Party Bus Sued for Fatal Shooting in Santa Monica

After a party bus evening went tragically wrong last year, numerous plaintiffs have filed suit against the party bus company and the city of Santa Monica. Plaintiffs are suing over the shooting death of De'Ommie de la Cruz, including the deceased family as well as friends that witnessed the shooting. They are seeking unspecified damages.

Family Sues Mexico Resort for Daughter's Drowning

A family vacation in Mexico turned deadly for one Wisconsin family, and they've filed a wrongful death lawsuit in a Florida civil court to not only uncover the truth of that fateful day, but also to recover costs and damages. Though none of this will bring back their vibrant 20-year-old daughter, they hope it will help save the lives of future travelers and loved ones.

In April 2014, self-avowed Neo-Nazi Frazier Glenn Miller Jr. shot and killed three people in an anti-Semitic attack at a Jewish community center and retirement community in Overland Park, Kansas. As a convicted felon, Miller was prohibited from owning or buying firearms, and investigators learned another man, John Mark Reidle, purchased the shotgun used in the shooting for Miller at a Walmart in Republic, Missouri four days prior.

Miller was eventually convicted of capital murder, attempted murder, and weapons charges and sentenced to death, while Reidle was sentenced to five years of probation for providing false information on a federal firearms form. But what about Walmart? It recently settled a lawsuit with the family of Terri LaManno, who was shot and killed outside the Village Shalom care center.

Crime happens. The police can't be everywhere at once, and some criminal activity is either unpredictable or unavoidable.

But not all of it. When a woman claims she's being harassed by a sex offender, and officers determine his actions violate his probation, and he is being investigated for new and ongoing criminal activity, and both the woman and her mother have contacted law enforcement seeking help, that seems like a time when criminal activity is both predictable and avoidable. And yet, University of Utah student-athlete Lauren McCluskey is dead, murdered by a man who campus police and local officers knew or should have known was a danger. So, are those departments liable for her death?

"Given the history of violence in their parking lots," a wrongful death lawsuit claims, "and Wal-Mart's [sic] knowledge they were not employing adequate security measures, it was foreseeable to Wal-Mart that the Plaintiff would be attacked in their parking lot and sustain serious injury or death."

That's the legal argument a widow is making against the megaretailer, and it may be difficult for Walmart to refute. Recent years have seen a crime wave at Walmart locations, from the serious to the silly. This time it was Fadil Delkic who was shot and killed after an argument in a Snellville, Georgia Walmart parking lot.

Newborn Wrongful Death Lawsuits

Melanie Sanders was born prematurely, but otherwise healthy, in August 2016. She was given a routine eye exam along with 43 other babies that month, and less than a month later she was dead. A medical journal report published last year found that Melanie was one of 23 other infants who contracted adenovirus infections while undergoing the same eye exam in Children's Hospital of Philadelphia's neonatal intensive care unit.

Melanie's family is now suing the hospital for wrongful death, alleging she went into respiratory distress and developed a fatal bacterial infection on top of the viral illness, and that negligent medical professionals are to blame.

Family Sues Police for Taser Wrongful Death

Police use Tasers instead of traditional guns, based on their supposed temporary infliction of pain. However, numerous police suspects have died or suffered permanent brain damage when stunned. A family in Daly City, California has sued the local police department for wrongful death after one of its officers used the Taser to subdue 38 year-old Warren Ragudo, who was suffering from a drug induced mental crisis.

Family members called the police for help that fateful night, and they witnessed the police killing the man they had asked to be saved. The local district attorney's office declares that the use was justified, and will not prosecute the officer. Therefore, the only legal recourse for the family is in civil court.

"Natalie started to eat hers and as she cut the chicken the chicken oozed red blood to which point I commented it looked bloody." Not the start you want to a meal while on vacation.

That was widower Stewart Rawnsley, describing food from a restaurant buffet in Corfu, Greece. His late wife, Natalie, immediately returned the chicken for another piece, but not before consuming a bite. That bite would turn out to be deadly, as Natalie's condition deteriorated from food poisoning to fatal over the course of that night. Natalie Rawnsley passed away less than 48 hours after consuming the uncooked chicken -- so what happened?