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

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.

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.