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

Gregory Hill, Jr., father of three children aged 13, 10, and 7, was shot and killed by two Florida sheriff's deputies in the garage of his home in 2014. According to official reports, deputies went to Hill's house in response to a noise complaint, and knocked on his front door at 3 p.m. After repeated knocking, Hill manually opened his garage door, then immediately put it back down. As the garage door closed, one deputy fired through the door, hitting Hill and killing him instantly.

The deputies claim Hill pointed a gun at them and refused orders to drop it. Other witnesses dispute that claim, and an unloaded firearm was allegedly found in Hill's back pocket after he was killed. Hill's family sued, and a jury awarded them $4: one dollar for funeral costs (which actually amounted to $11,000) and another dollar each for Hill's three young children. That award was then reduced to nothing. How did it all happen?

In October 2016, an explosion at Mohawk Asphalt Emulsions in Glenville, New York sent two workmen to the hospital with serious burns. The alleged source of the explosion was workers using a blow torch to heat a holding-tank valve, which then ignited the vapors of liquid asphalt. Those two workers ultimately died from their injuries and Mohawk settled two citations for safety violations regarding the incident, paying the U.S. Occupational Safety and Health Administration $17,745 in fines.

Now Mohawk is being sued by the widow of one of the workers who died from the blast, who claims the company and its owners were negligent.

North Korea has been in the news a lot lately. From "Little Rocket Man's" missile testing to diplomatic talks between the North and South, and a potential meeting between President Trump and North Korean leader, Kim Jong Un, the hermit kingdom has garnered a lot of attention.

However, as the Korean War officially comes to an end, the parents of a student who died while imprisoned in North Korea are remaining steadfast in their own battle with the "rogue nation." The parents of Otto Warmbier filed a wrongful death lawsuit against North Korea, claiming their son was tortured and murdered.

Family Sues Resort Pool for Wrongful Death Drowning

There's a special pang of anxiety that the sight of a pool causes in the hearts of parents with small children. And with good reason, since there are countless stories of children drowning or being severely injured around them. One Ohio family experienced this nightmare last year when their four-year-old little girl drowned at a South Carolina resort. Now, the family is suing the resort pool for wrongful death.

State Exempt From Lawsuit in Wrongful Death Case, Wyoming's Highest Court Rules

It's unfortunate when someone dies as a result of an accident. But, it's even more tragic when it seems like the accident could've been prevented. For example, when a 7-year-old girl was killed by a driver who had a valid driver's license despite also having a visual handicap, it would seem like the license issuing authority should be held responsible. Well, according to the Wyoming Supreme Court, the state transportation department is exempt from being sued for wrongful death.

Officers to Blame for Drunk Boating Death

If someone gets drunk while cruising around in their boat, runs from the authorities, and kills an innocent boater nearby, you'd expect that genius to get serious jail time. But you might not think of punishing the officers who chased him as well.

In a wrongful death case out of Mississippi, two officers have been found reckless for their part in the accident, and the state supreme court just approved it. Now, nine years after the tragedy, the family of the deceased boater may actually receive some compensation from that case.

Girl Dies From Falling Mirror in Payless

A Georgia family is grieving after a falling mirror killed their two-year-old daughter, Ifrah Siddique, inside a Payless ShoeSource store. It's a tragic case touching on the legal responsibilities of retailers and the legal rights and remedies available to store patrons.

Can Victims of a Mass Shooting Sue the Government?

The best answer is, it's unlikely. True, litigants sue the government every day, over alleged civil rights violations, controversial laws, run-of-the-mill personal injury claims against government agencies and employees, and more. The real question is usually less about whether you can you sue the government, and more about the likelihood of success.

Amtrak Liability for Train Accident Deaths

Your legal rights don't expire when you die. Wrongful death lawsuits allow surviving family members to sue train operators for these damages and to hold them accountable. So what's Amtrak's liability for train accident deaths? Well, it's clear but complicated.

Oklahoma Oil Companies Can Be Sued for Worker's Death

The family of David Chambers Sr., a truck driver who was fatally burned after being dispatched to an oil well back in 2014, can proceed in their state lawsuit against the Oklahoma oil well operator. That's the unanimous (8-0) ruling from the Oklahoma Supreme Court in Strickland v. Stephens Production Company, a decision that highlights some of the complexities of state workers' compensation laws when it comes to favored (and politically savvy) industries.