their May 10
the A team,"
said. "A for
for which a
date has not
since he was
aware of the
is the first
sue for the
death of a
be awarded a
for the loss
and the loss
Date: June 25, 2001
Leisa E. Young, mother of Providence
Police Sgt. Cornel Young Jr., killed
last year by fellow officers who
mistook him for a suspect, recently
filed a $20 million lawsuit against
the city of Providence, RI. "I can't
bring my son back," she said. "And I
can't live with myself if I do
nothing about it and it happens to
somebody else." Represented by Atty.
Johnnie Cochran, she also seeks
unspecified punitive damages from
the officers, their supervisors, the
police department and the city. In
the incident (JET, May 8, 2000),
Sgt. Young was off-duty when he was
shot and killed by officers
responding to a report of trouble.
her son was
death in the
back of the
head by a
filed a $60
suspect in a
for his gun
shot him in
said the two
while he was
on his knees
in the suit
are the two
at the time
the city of
Source: National Catholic Reporter
Date: February 24, 2005
A Cook County, Ill., judge ruled that Alison Hiller and Todd Parrish can go forward with a lawsuit for wrongful death-against a fertility clinic that mistakenly discarded a frozen embryo from the Chicago couple. Fertility doctors said that it could mean the end of the in vitro fertilization industry, while prolife activists hailed the judge's comment that the Illinois Legislature intended embryos, from the time of conception, to be considered human beings.
Source: Law Reporter
Date: December 2004
The Supreme Court of Mississippi held a wrongful death beneficiary may not assign a wrongful death claim to one tortfeasor to be asserted against another joint tortfeasor.
Here, King's mother or another family member was filling a household generator with gasoline when some gasoline spilled on the floor. Fumes from die gasoline ignited, and King's mother suffered fatal injuries. King, as administrator of her estate, filed a wrongful death action against Rheem, die manufacturer of a gas water heater that was located near the generator, alleging the heater's pilot light had ignited die gasoline vapors. During settlement negotiations, Rheem suggested King join Coleman, die manufacturer of the generator, as an additional defendant. King declined to do so, but in die settlement agreement between the parties, he released Rheem from liability and assigned to it any rights he might have against Coleman. King then filed an amended complaint against Rheem and Coleman. The court subsequently dismissed King's suit and substituted Rheem as the real party in interest. The trial court denied Coleman's motion for summary judgment.
Reversing, die state high court noted diat although Mississippi law generally allows assignment of personal injury claims, this rule does not automatically extend to wrongful death claims. Rather, diese claims are governed by Miss. Code Ann. 11-7-13, which specifies the individuals who are entitled to bring such actions. Coleman argued that because the statute limits the authority to bring an action to specified individuals and does not specifically allow assignment of actions, assignment of a wrongful death action is not allowed. Finding this argument had merit, the court said the legislature could not have intended to allow a tortfeasor to settle with a wrongful death plaintiff and then subsequently sue putative joint tortfeasors using plaintiff's cause of action. The court reasoned that this would enable parties to circumvent the applicable statute controlling the right of contribution and allocation of fault.
Source: Law Reporter
Date: October 2004
Doe v. Sullivan, U.S. Dist. Ct., D. Minn., No. 02-1235 (JEL/JSM), Oct. 22, 2003.
Doc, 69, and his wife, 59, were crossing a road on foot when a Canadian bus ran a stop sign and struck them. Doe suffered fatal injuries. He had been a retiree and is survived by his wife and five adult sons.
Doe's wife suffered fractures to her neck at C2, humerus, femur, and clavicle, and cognitive injuries, among other injuries, and was in a coma for almost a month. Her past medical expenses of approximately $300,000 were paid by the county blue cross plan. A welfare office worker earning about $30,000 annually, she has been unable to return to work.
Doe's sons from his first marriage, individually, and Doe's wife, individually and on behalf of Doe's estate, sued the bus company and the driver. Doe's sons from his second marriage were trustees in the wrongful death suit. Suit alleged the driver was negligent in running the stop sign.
The parties settled during mediation for $3.1 million, including $2.5 million for the personal injury claim and $600,000 for the wrongful death claim. Doe's sons from the second marriage settled separately for a confidential amount.
Plaintiffs' expert witnesses in this case were Linda K. Graham, life-care planning, Roseville, Minn.; llael Rodning, economics, Rogers, Minn.; and Martin E. Finch, medical illustration, Minneapolis, Minn.
More wrongful death articles below legal issue Submit Form.
Wrongful Death Lawsuit Information
In general, a wrongful death lawsuit
is a lawsuit regarding a death that was caused by
another person's negligence, recklessness,
malpractice, and sometimes inaction. In such
cases, and depending on state law, families of the
deceased can file a wrongful death lawsuit on behalf
of their loved one. These lawsuits can help
families recover damages for pain, suffering, lost
wages, mental anguish, loss of companionship,
related medical costs, and other expenses that have
resulted and relate to the wrongful death. So,
if you have lost a loved one to a wrongful death
incident, you may be eligible for an award of
damages in the appropriate court. For more details,
you should contact an attorney.
For a free evaluation, you can use the submit form
is always a better idea to act sooner, rather than
later, when dealing with legal matters. The closer
it is to an accident, the easier time to investigate
and identify who is liable for the injuries that
resulted. This will increase the chances of
recovering a higher amount of compensation for the
personal injury. Some states have set a statute of
limitation on the time frame you must file your
personal injury case that will automatically
disqualify you from recovering any compensation if
you wait too long.
Wrongful Death Case
Decision (may be
subject to appeal)
husband was killed in 2003 when his car was hit by a
Schneider National semi-tractor trailer rig when
Bradley fainted. Judith Anderson, individually, and
as representative of the Estate of William Anderson,
sued Thomas Bradley, Schneider National Inc. and
Schneider National Bulk Carriers Inc. claiming that
the defendants' negligence caused the wrongful death
of Mr. Anderson (51 years old). Mrs. Anderson
claimed that Schneider knew that Bradley had health
problems that made it unsafe for him to drive a
verdict for $12.5 million.
Past Examples of Wrongful Death Lawsuits:
Tire Blowout Accident
Careless Actions by Another
Failure to Stop
Frequently Asked Wrongful Death Questions:
Who might be considered
as the survivors of a victim of wrongful death?
survivors of a wrongful death victim may vary
from state to state, but in general, usually the
survivors include the spouse and minor children.
Check with a Lawyer for specifics.
What compensation can be
claimed in a wrongful death case?
Compensation may vary by state or jurisdiction
but some examples include the following: (i)
Expenses incurred by the death of the victim
(funeral, medical, etc.); (ii) Loss of future
earnings anticipated over the lifetime of the
victim; (iii) Benefits lost due to the victims
death (medical insurance, pension, 401K, etc.);
(iv) Survivors pain, suffering and mental
anguish caused by the victims death; (v)
Companionship, care or protection lost to the
survivors as a result of the death and (vi)
General and punitive damages.
Check with a Lawyer for
file a wrongful death claim?
This depends on the individual state law, but in
general the immediate family members (spouses,
children and parents) can file a wrongful death
claim. Some states allow grandparents, legal
dependants and extended family members to file.
Check with a Lawyer for specifics.
there any limitations on who cannot be sued?
This depends on
the individual state law, but in some states, a
family member cannot sue another family member
for wrongful death. Check
with a Lawyer for specifics.
A question that is often asked is,
who has the right to file the
lawsuit. Although the answer
to this question depends on which
state the lawsuit is filed in, in
general immediate family members
(including parents, spouses, and
children) are almost always eligible
to file a claim. For minors,
the law may require the need for an
adult guardian to take a wrongful
death lawsuit to court.
Additionally, other family members -
such as stepparents, grandparents,
and dependents, may also be
permitted to file suit in some
question what role
can a wrongful death
lawyer play in a
general, a wrongful
death attorney can
help you gather
filings, and prepare
lawsuit. Hiring an
attorney can also
help alleviate some
of the stress you
may be experiencing
- by allowing you to
Depending on state
law and the specific
facts, the type of
damages that may be
recoverable in a
Loss of support
A very important
thing to remember about wrongful
death lawsuits, is that basically
every wrongful death lawsuit is
subject to a statute of limitations.
In general, the statute of
limitations caps the amount of time
that a person who has lost a loved
one has to initiate a wrongful death
If someone you love has been the victim of wrongful death, you may want to have the facts reviewed by a lawyer.
Wrongful Death Articles
Source: Law Reporter
Cournoyer v. Mountain
Creek, N.J., Sussex County
Super. Ct., No.
SSX-L-318-01, Aug. 2, 2004.
Cournoyer, 12, was skiing
on an intermediate slope
when she fell and struck
lier head on a rocky
embankment adjacent to the
trail. She suffred fatal
injuries. She is survived by
her parents and two minor
Her father, on behalf of
her estate, sued the ski
slope resort and its owner,
alleging the embankment was
a design flaw that created a
state law provides that
skiers assume the inherent
risks of skiing and thus
Cournoyer assumed the risks
associated with a fall.
Plaintiff countered that the
embankment was not an
inherent risk because it was
not an integral part of the
sport of skiing, and
defendants could have
The parties settled
before trial for $225,000.
Plaintiff's experts in
this case were John Hanst,
siding, Green Village, N.J.;
Harold Sobel, forensic
pathology, Wayne, N.J.; and
Matityahu Marcus, economics,
Scotch Plains, N.J.
Defendants' expert in
this case was Jasper Shealy,
skiing, Rochester, N.Y.
Source: Law Reporter
Hinson v. Henderson,
Tex., Cherokee County 2d
Jud. Dist. Ct., No.
2002-11-0806, Mar. 2004.
Sarracino, 37, was
driving a pickup truck in
which his wife, Hinson, 28,
and their five children were
passengers. A car traveling
behind them on the highway
rear-ended the pickup truck,
causing it to leave the road
and roll over. Their son, 6,
suffered fatal injuries. He
is survived by his parents
and four minor siblings. The
other occupants of the car
suffered scrapes and
Sarracino and Hinson,
individually and on behalf
of the children, sued the
driver, alleging he had been
driving under the influence
of alcohol and illegal
drugs. Defendant was
convicted of criminal
charges of intoxication
manslaughter and assault and
is now serving a 40-year
The parties settled
during mediation before
trial for $1.1 million, all
of which will be paid by
witness was Miguel Gallegos,
LawFirmofAmerica.com is a network marketing website of individual law firms from each state. As a result, each affiliate firm is in no way connected with any other affiliate firm. The information and materials contained on this web site do not constitute legal advice and are presented without any representation or warranty whatsoever, including as to accuracy or completeness. The information
submitted through this website is not intended to create, and receipt of them does not establish, an attorney-client relationship between you and LawFirmofAmerica.com or any of its affiliates. Depending on your legal issue, the information submitted may be forwarded to another law firm affiliate other than the law firms listed on this website.
No representation is made that the quality of the legal services to be
performed is greater than the quality of legal services performed by other