Articles Tagged with wrongful death

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What to Expect When Consulting with a Wrongful Death Attorney

I’m Ed Smith, a Sacramento wrongful death attorney. Dealing with the wrongful death of a loved one is overwhelming. Here’s what you can expect when consulting with a wrongful death lawyer.

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Wrongful death claims and airlines, plane manufacturers and traffic control has seen marked decreases in 2015.

Wrongful Deaths and Airlines

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California is one of states that has very specific laws regarding a motorists duty when in a car accident.  If you live in California, get to know the laws associated with car accidents.

Many people who have no history with crime have ended up being charged with misdemeanor hit and run or felony hit and run due to their not realizing their actions after a car accident were considered criminal.

Life turned upside down for the mother of a two year old child when she found her son’s small body crushed under an IKEA dresser that had fallen on him.  The mother shares her story on the site, HeavenHasaHero.com.

Since the death of their son, the parents of the deceased child, have moved forward with a wrongful death lawsuit against Ikea.  The dresser, had been purchased at a nearby Ikea store.  The MALM chest came without any hardware to secure it to the wall.  The couple allege that IKEA was aware that the dresser presented a  tip over hazard and allege that Ikea’s negligence played a role in the wrongful death of their son, Curren.   USA Today, a front runner in reporting this news item, states that ‘Ikea says it knows of reports of three additional deaths since 1989 from tip-overs involving other models of Ikea chests and dressers.’

UM (Uninsured Motorist) insurance is most always available in Hit and Run Accidents.

A pedestrian was killed in a hit and run collision involving early Monday Morning in Sacramento.

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Forklift accidents are a major cause of workforce injuries, especially in industrial warehouses.  We will examine some of the major causes of forklift-related accidents and injuries and discuss how to prevent them.

Preventing Tip-Overs

Many employees drive company vehicles either to and from work or for specific company related tasks. Wrongful death claims can be brought against a driver’s employer if the negligent act of the employee occurred in the scope of employment. For this reason, it is vital in every wrongful death case to have only a wrongful death attorney investigate whether the negligent driver was in the scope of employment.

Employer Liability for Employee Actions

Merriam-Webster defines wrongful death as “a death caused by the negligent, willful, or wrongful act, neglect, omission, or default of another.”  It is a legal term and it does include murder – in fact, sometimes a civil trial for monetary damages will occur after the related criminal trial has concluded.  Civil trials have a less stringent standard of proof than criminal, so – such as in the famous O.J. Simpson trials – a person may be found financially liable for the wrongful death of another, even if he or she was not found guilty of murder.

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Other common instances that may result in “wrongful death” are: motor vehicle accidents, medical malpractice (the negligence of a physician or other health care provider results in the death of a patient), criminal activities, hazardous recreational activities, and workplace/occupational injury that leads to death.

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A complicated legal question is whether a wrongful death lawsuit can be filed when an unborn child (fetus)  is killed by a negligent or wrongful act of another.  Although the loss of an expected child is always heartbreaking and devastating, the parents cannot always recover in a civil lawsuit for that loss.

Death of a fetus can occur where the mother dies as well, or, for example, trauma occurs in an event such as a car accident, which results in death of the fetus but the mother survives.  In either situation a legal question arises … does the death of the fetus elicit a cause of action of wrongful death?