Articles Tagged with wrongful death claim

weighted blanket death
August 21, 2014 is a date that forever changed the lives of parents whose infant son died while at his daycare center.  This tragic wrongful death that occurred at a daycare does shed light on a practice that some parents and daycare providers practice that can have deadly results.  In Webster Grove, Missouri a 7 month old infant was found dead under a weighted blanket.

A weighted blanked  is a blanket that has items such as flax seed, beans, poly pellets or other items sewn between the fabric. Some blankets are a DIY home project while others are prescribed or obtained from medical equipment vendor.

Child_angel_on_a_child's_grave_-_Oak_Hill_Cemetery_-_2013-09-04Wrongful death claims for deceased minors can include a claim for the loss of future wages.  How is this possible if the deceased child never worked a day or died while still an infant?  In fact, this is the question of doubt that defense lawyers use to sow doubt or to attempt to diminish the value of a claim in the minds of juror when discussing this portion of the wrongful death claim of a minor.

However, a good wrongful death lawyer does not shy away from pursuing a future wage loss claim when representing the relatives of the deceased child when the possibility for doing so exists.   What does a wrongful death lawyer do to calculate the future lost earnings of a deceased child?  Admittedly, the process used is not perfect but it is a process that courts generally accept.

power lines w birdsA heavily contested lawsuit resolved in Riverside County Superior Court on July 7, 2015 for $4,745,000.  (Estate of Pablo Padilla Ayala vs. Southern California Edison Company, et al) This wrongful death claim involved a migrant orchard worker who was electrocuted by overhead power lines when his 20-foot ladder came directly into contact with the power line that was located above a row of orchard trees.  The incident occurred in July 2010.  The defendants in the lawsuit included the Southern California Edison Company (owner of the power lines), the company that employed his supervisor and the property owner.  The plaintiffs in the claim included the deceased’s spouse, his two minor children (ages 7 and 9)  and the co-worker of Mr. Ayala who witnessed his death.  Since the defendants were not agreeable to settling the claim out of court, a jury trial occurred.

The trial was 5 weeks.  The jury deliberated for a day and apportioned liability between the electrical company (80%) , the employer (5%), and the company that employed the supervisor (%5).  No liability was found on the part of the property owner.

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