Entries in the 'Wrongful Death Settlements' Category ↓

Immediate family members who have lost a loved one in a wrongful or accidental death due to someone’s negligence or deliberate misconduct have the right to pursue a lawsuit. Damages in wrongful and accidental death settlements are for pain and suffering the deceased incurred; medical expenses; funeral or burial expenses; loss of service to the family, love, affection, and companionship; and loss of future earning potential. Wrongful and accidental death attorneys also practice personal injury law and should have experience as a trial lawyer.

The majority of personal injury in Hawaii involve some form of physical pain. If you are injured because of a negligent person, you may be able to file a personal injury lawsuit in Hawaii. In some cases, physical injury is not required for you to file a claim.

Negligent infliction of emotional distress (NIED)

Negligent infliction of emotional distress (NIED) is based on the concept that an individual has a legal duty to not cause emotional distress.  While California was the first state to allow compensation for emotional distress alone, the Supreme Court of Hawaii is credited with the introduction of negligent infliction emotional distress as a separate tort. If you believe that you are a victim of NIED, contact an attorney who is experienced in personal injury lawsuits in Hawaii.

Examples of NIED include the following:

• A funeral home that wrongfully disposes of a body
• The negligent and incorrect diagnosis of a sexually transmitted disease that causes the breakup of a marriage
• A plaintiff who witnesses the death of loved one at close distance
• In the case of Rodriguez v. State, the plaintiffs claimed they suffered emotional distress as a result of flood damage to their home

The zone of danger

This term refers to the area of peril created by the negligent action of another person. You may be able to file a Hawaii injury lawsuit if you were in the zone of danger as a result of another party.

For your zone of danger claim to be credible, the following elements must exist:

• The defendant put you in danger of injury or death through their negligence
• You were aware of the death or injury of an immediate family member
• You show signs of emotional or physical injury as a result of witnessing the accident

If you were injured in any way as the result of another person’s negligent action, contact The Law Offices of Michael Jay Green today for help with your Hawaii injury lawsuit.

Brain injuries range from mild to severe.  Early detection and proper treatment are vital to the patient’s long-term recovery.  If you or a loved one have suffered a head injury in Georgia, it is imperative you seek medical attention from a skilled Atlanta brain injury physician as soon as possible.

Brain injuries in Georgia

Individuals suffering from a traumatic brain injury in Georgia have many treatment options.  The doctors and medical staff at many area hospitals are prepared to treat brain injuries in Atlanta.

Treatment options for Georgia brain injuries vary depending on the severity of the injury.  All head injury victims should be examined by emergency medical personnel to determine if a serious injury exists.  This may include a visit to the emergency room where physicians can monitor the patient’s bodily functions, respond to any life-threatening changes, and perform additional tests to diagnose and further treat the injury.

According to the National Institute of Neurological Disorders and Stroke at the National Institute of Health, approximately half of severe head injury patients require surgery to remove or repair hematomas (ruptured blood vessels) or contusions (bruised brain tissue).  If surgical treatment is necessary, the medical team may include—

• Neurosurgeons
• Trauma nurses
• General surgeons
• Orthopedic surgeons

Patients recovering from brain injuries in Atlanta often receive rehabilitative care—especially following surgery.  Treatment is provided by specialists experienced in caring for Georgia brain injury victims.  The rehabilitative team works together to stabilize or prevent the development of any secondary infections or issues like pneumonia, pressure sores, or the loss of joint motion.

Rehabilitation may also include working with the injured person to recover any lost memory or adapt to lost brain function or bouts of confusion.

Contact Henry Spiegel Milling LLP today

Traumatic brain injuries can require lifelong treatment.  A skilled Atlanta brain injury law firm can help protect the rights of individuals suffering brain injuries in Georgia.  Patients may be entitled to compensation to cover medical expenses, including future medical care.  The legal team at Atlanta’s Henry Spiegel Milling LLP is experienced in handling Georgia head injury victims.  Contact us today for assistance and additional information on the brain injury recovery process.

Ed Hershewe is an exceptionally experienced and accomplished wrongful death attorney who has spent more than 30 years fighting for injured people and for families who had a loved one suffer a wrongful death. Known and respected by clients and his colleagues in the legal profession, Mr. Hershewe is a member of the Board of Governors of the Missouri Bar, Board Certified by the National Board of Trial Advocacy, certified by the Association of Plaintiff Interstate Trucking Lawyers of America (APITLAmerica), and their current president.  He is also the 2008 recipient of the Thomas G. Strong Trial Attorney Award.

Born in St. Joseph, Missouri, Mr. Hershewe is a graduate of Missouri Western State College (B.A. 1972) and the University of Tennessee (J.D. 1976). He was ranked third in his class and was a member of Phi Kappa Phi.

Since being admitted to the Missouri Bar in 1977, he has served in many leadership roles including:

* The Board of Governors, 2004-present
* The Executive Committee, 2006-2007
* The Special Committee to Review Status of Tort Law, 2008-present
* The Events Planning Committee, 2007-present
* Liaison to the Committee on Insurance Law, 2005

He is a member of the Jasper County Bar Association, the Springfield Metro Bar Association, the Kansas City Metro Bar Association, the Bar Association of Metro St. Louis and the American Bar Associations.

A formidable litigator, he is a long-time member of the American Association for Justice (formerly the Association of Trial Lawyers of America) and the Missouri Association of Trial Attorneys, serving as a member of the Board of Governors from 1983–1993, and 2003 to the present.  He also is the current president of APITLAmerica

Mr. Hershewe is a frequent author and lecturer on topics related to trial advocacy, discovery, expert testimony, and related topics. He is the co-author of Pretrial Discovery Motions, Chapter 6 in the Missouri Products Liability Handbook, published by UM at Kansas City, School of Law. He was also co-contributor to the supplement to Chapter 62 of Averbach, Handling Accident Cases, published by Lawyers Co-Op.

An experienced wrongful death attorney knows that families suffer emotional and monetary damages when a relative is seriously injured or wrongfully killed because of someone else’s negligence, carelessness or deliberate misconduct.

Wrongful death and serious injury can include:

• Amputation
• Birth injury
• Brain injury
• Broken bones
• Burns and scarring
• Disfigurement
• Head injury
• Paraplegia
• Quadriplegia
• Spinal cord injury
• Surgical injury

An experienced wrongful death attorney will represent the victim’s family to ensure fair compensation for victims of:

• Automobile, truck, and motorcycle accidents on the roadways
• Automobile, bicycle, truck, motorcycle, rail and airplane accidents
• Bus and school accidents
• Construction negligence
• Drunk driving (DUI/DWI)
• Hit and run
• Machinery malfunctions
• Pedestrian accidents
• Swimming accidents
• Under–insured and uninsured drivers

Wrongful death lawsuits can be levied against an individual, a corporation or an agency that caused the injury or wrongful death by their negligent actions including:

• Failure to warn
• Maintaining unsafe premises
• Manufacturing and selling defective products
• Medical malpractice
• Unsafe highway design and maintenance

Wrongful death attorneys know that catastrophic injury and wrongful death are devastating to families and can ultimately hurt the stability and financial future of a family as they try to cope with the sudden loss of their loved one.

Personal injury is a serious matter that can ruin your health, your job, your family, and your future. Whether you have been the victim of a car accident, wrongful death, dog bites or a work injury, you need experienced accident attorneys by your side. These professional lawyers can help you negotiate with insurance companies, file for workers’ compensation, and even arrange for medical care that does not require payment until your case is resolved. While you concentrate on getting well, your attorneys will aggressively pursue the compensation you need to get your life back on track.

Phoenix accident lawyers of Blake Law Firm, P.C. start working on a client’s case as if a settlement is out of the question and court is the only available option. This preparation enables them to aggressively pursue his/her claim at every stage of the process and send a clear message to the insurance attorneys: their firm is ready, willing, and experienced at taking these claims to trial when necessary. This approach often leads to willingness on the part of insurance attorneys to quickly begin negotiating reasonable settlement terms to compensate the client for his/her damages or tragic injuries.

Phoenix Accident Attorneys

1121 E. Missouri Avenue, Suite 126 • Phoenix, AZ 85014

There are many myths surrounding brain injuries, including how traumatic brain injuries occur, what their symptoms are, and the prognosis for long-term recovery.  With so much confusion surrounding this type of injury, it should not come as a surprise that head injuries are often misdiagnosed or ignored until it is too late to help the patient.   At Atlanta’s Henry Spiegel Milling LLP, our experienced Georgia brain injury lawyers routinely answer clients’ questions regarding brain injuries.

Myth #1: A brain injury can only be caused by a blow to the head.

Many people believe the only way to sustain a brain injury is by the head making impact with a hard object.  In fact, a head injury can occur without the head ever hitting any outside object.  When the body suddenly stops after moving at a high rate of speed—in a car accident, for example—the sudden stop can cause the brain to slam into the skull, causing injuries ranging from mild to severe.

Myth #2: Brain injury victims always lose consciousness.

A child is hit in the head with a baseball.  He seems fine initially, there are tears, and ice is applied to the injury site.  The boy is up and walking around and does not even have a headache.  Hours later he is on his way to the operating room as doctors frantically work to save his life.  What happened?

Brain injury victims do not always lose consciousness right away.  Instead, an individual who has suffered a head injury may seem relatively fine immediately following the incident.  As time passes, however, symptoms such as a headache, dizziness, or sleepiness, may develop.  By the time the injured person loses consciousness, they may be advancing on the Glasgow Coma Scale—the system used to measure a patient’s state of consciousness—and the injury may in fact be very serious.

Myth #3: Long-term prognosis for TBI is always bad.

Traumatic brain injuries are not always a death sentence but the seriousness of TBI should not be underestimated.  Individuals who experience a traumatic brain injury may never make a full recovery.  That said, the patient may be able to make a full recovery depending on the location and size of the trauma.  In fact, the brain may “re-wire” itself to compensate for the injured areas.  Doctors continue to learn more about brain injuries and make advances in treatment but there are still many unknowns in this complex area of medicine that make long-term prognosis dependant on the specifics of each case.

Contact Henry Spiegel Milling LLP today

Traumatic brain injuries can require lifelong treatment.  A skilled Atlanta brain injury lawyer can help protect the rights of individuals suffering brain injuries in Georgia.  Patients may be entitled to compensation to cover medical expenses, including future medical care.  The legal team at Atlanta’s Henry Spiegel Milling LLP is experienced in handling Georgia brain injury victims.  Contact us today for assistance.

If you are injured at work in Georgia, you can be covered by the Workmen’s Compensation Act.  However, it may be a mistake for you to choose this coverage if your injuries are serious.  Before deciding how to seek compensation for your serious injuries on the job, you should learn about the future implications for a possible Atlanta wrongful death lawsuit.

Wrongful death law in Atlanta, Georgia

You forfeit the right to sue your employer for your injuries if you are hurt on the job in Georgia and you accept worker’s compensation.  If the worker’s compensation payments are inadequate to properly support you and your family, you have no legal recourse against your employer.  This is the law in Georgia, and it has even greater ramifications for your family if you subsequently die of your work-related injuries.

Filing a wrongful death lawsuit in Tucker or Atlanta

An employee who uses Georgia Worker’s Compensation benefits loses the right to sue his employer—and so does his family in the event of his death.  If you receive catastrophic injuries on the job, you should file a lawsuit against your employer to recover damages.  Otherwise, you could prevent you family from being able to file an Atlanta accidental death lawsuit if you do not survive you injuries.

Atlanta wrongful death claims against third parties

If your spouse died on the job due to the negligence of a third party, you may file a wrongful death lawsuit in Atlanta on behalf of his dependents.  Even if your spouse used worker’s compensation benefits prior to dying of his injuries, Atlanta wrongful death law allows your suit to move against a third party.  Negligent third parties may include—

• Outside vendors
• Makers of equipment
• Shipping companies

When your loved has died at work from injuries caused by a third party, contact Henry Spiegel Milling to discuss your Tucker or Atlanta wrongful death lawsuit.

Medical malpractice means that a health care provider has failed to use a reasonable degree of care and skill, causing a patient to suffer an injury. It can be the result of a heath care provider’s actions, or by the provider’s failure to take the medically appropriate actions. Some examples of medical malpractice include—

• Misdiagnosis or failure to diagnose
• Failure to properly treat
• Unreasonable delay in treatment

In Georgia, the statutes of limitations for medical malpractice claims are:

• One year from the date of discovery of a foreign object left in a person’s body
• Two years from the date that any other injurious act occurred

While the two-year limit may be extended if the plaintiff was not reasonably able to be aware of the injury right away, five years from the date of actual injury is the absolute limit under Georgia law.

Learn the answer from an Atlanta wrongful death law firm

Wrongful death refers to a loss of life caused by someone else’s careless or deliberate negligence.  If a patient dies through a doctor’s incompetence, wrongful death may be difficult to establish.  The key to a medical wrongful death lawsuit is to verify the medical professional’s carelessness or deliberate act occurred.  Examples include patient deaths due to a heath care provider—

• Failing to follow established safety protocols
• Performing procedures without required training or supervision
• Caring for patients while under the influence
• Putting personal interests ahead of known patient requirements

In Georgia, there is a strict two-year statute of limitations on wrongful death claims.  If you believe that your loved one has died as a result of medical negligence, you need to speak with a wrongful death law firm in Tucker or Atlanta.

Wrongful death is not limited to medical injuries.

Although many wrongful death claims are related to medical negligence, they may also be a consequence of other areas of personal injury.  For example, the family of a pedestrian who is killed by a drunk driver could file a lawsuit for wrongful death against the driver.  In a Georgia wrongful death suit, a bereaved family may receive a greater damage award than the deceased would have received in a personal injury claim had he lived.  Medical malpractice and other personal injury verdicts provide for compensation including medical bills, lost wages, and lost earning capacity.  However, in a wrongful death claim the family can recover “the full value of the life” of their deceased loved one, which is typically a much broader award.  An Atlanta or Tucker wrongful death law firm can give you more details.  Get more information from Henry, Spiegel and Milling, a wrongful death law firm in Atlanta.


Mobile, Alabama – Wednesday afternoon a Mobile County jury returned a $20,000,000 verdict against Coastal Anesthesia, P.C., Dr. Randall Boudreaux, and CRNA Don Ortego for the wrongful death of Paulett Pettaway Hall.  Ms. Hall died on January 16, 2006 at Springhill Memorial Hospital, hours after aspirating bile into her lungs during anesthesia induction.  “I am just so relieved to see justice take place and to know the jury heard us.  My daughter deserved better and it’s my hope that this verdict will prevent other people from dying unnecessarily,” stated Paula Pettaway, mother of the deceased.  The trial began on November 30, 2009 and was held before Circuit Court Judge Robert Smith.

Paulett Hall, a 32-year-old wife and mother of two children, was scheduled for exploratory surgery on January 16, 2006 at Springhill Memorial Hospital in Mobile.  Ms. Hall had been complaining of severe abdominal pain since her admission to Springhill Memorial on January 11, 2006.  She presented to the anesthesia care team prior to surgery with more than ten risk factors placing her at high risk for pulmonary aspiration.  Despite the presence of these risk factors, Dr. Boudreaux and Mr. Ortego failed to take proper aspiration risk precautions, which include an intubation technique called rapid sequence induction.  Every medical expert who testified at trial, including the Defendants themselves, agreed that a rapid sequence induction is required for patients at risk for aspiration.

The evidence presented at trial revealed that multiple risk factors went totally ignored by Coastal Anesthesia’s doctor and CRNA because neither completed a thorough pre-anesthesia assessment.  Despite Ms. Hall’s continuing abdominal problems and gastrointestinal issues at Springhill Memorial Hospital, neither Dr. Boudreaux nor Mr. Ortego ever conducted an abdominal physical assessment to identify aspiration risk factors.  Further, neither Dr. Boudreaux nor Mr. Ortego ever evaluated Ms. Hall’s medical records, which would have revealed additional aspiration risk factors, prior to administering drugs of anesthesia.  As a consequence, her risk factors went ignored and a routine induction was utilized instead of the required rapid sequence induction.

Almost every medical expert who testified at trial, including those testifying on behalf of Coastal Anesthesia, P.C., Dr. Boudreaux and Mr. Ortego, told the jury that it was a breach of the standard of care for Paulett Hall’s anesthesia care team to fail to identify her risk factors and employ a rapid sequence induction to prevent aspiration.  Testimony provided by the Defendants themselves and their experts revealed that, due to time constraints associated with scheduled surgeries, anesthesia doctors and CRNAs often do not have time to perform adequate, complete and thorough assessments of patients undergoing anesthesia.  As a consequence, these providers are not able to identify risk factors in their patients before having to induce anesthesia, and many patients who have risk factors predisposing them to problems with anesthesia are not receiving complete evaluations prior to surgery.

“This case revealed a very troubling patient safety issue related to the provision of anesthesia services.  The evidence from the Defendants themselves and from their experts indicated that while national standards require anesthesia personnel to conduct certain evaluations to protect the life of the patient, these standards are not being followed, and in some instances are being ignored, in what can only be an effort to complete more surgeries,” said Mike Worel, lead counsel for the Plaintiff and a partner at the Mobile law firm of Cunningham Bounds, LLC.

According to State law, all human life is priceless and thus not compensable.  Accordingly, wrongful death damages in Alabama are entirely punitive.  Damages in a wrongful death case should be of such an amount to reflect the enormity of the wrong committed while likewise protecting and preserving the public at large, by deterring similar wrongs in the future.  “This jury verdict was particularly important to protect the public considering these Defendants indicated they would continue to treat future patients the same way they treated Ms. Hall, despite admissions that their treatment fell below the acceptable standard of care,” stated David Cain, additional counsel to the Plaintiff and also a partner with Cunningham Bounds, LLC.

The insurance company for Coastal Anesthesia, its doctor and CRNA, was Mag Mutual.  The insurance company was given the opportunity to settle this case prior to trial, but refused to engage in any negotiations whatsoever.  The company took the position that the case was entirely defensible and offered nothing to resolve the case prior to trial.

The law firm of Cunningham Bounds, LLC, founded in 1958, is based in Mobile, Alabama and has been representing plaintiffs for over 50 years.  Today the firm continues its tradition of representing victims in cases involving catastrophic injury caused by work-related accidents, defective products, Montgomery truck accidents and automobile accidents, and medical malpractice.

The following language is required by Alabama Rules of Professional Conduct: “These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. Furthermore, 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 lawyers.”

When you are injured as the result of someone’s negligence, your life changes immediately. In addition to dealing with the immediate injury, you will face many costly and time-consuming issues, including:

• Multiple medical visits
• Physical therapy
• Psychological therapy
• Lost time from work
• Temporary or even permanent inability to continue working
• Care for yourself and your family
• Repair or replacement of damaged items

When your injuries are serious, insurance settlements often leave you paying for your own future expenses. This is why it is so important to retain an experienced Phoenix accident attorney, who will advise you on the best approach and guide you through the process. Often, litigation is the best choice to get a fair settlement for your losses.

Blake Law Firm cares about their clients and work tirelessly to protect their rights and ensure they find justice. For a free consultation and to learn more about how they can help you to deal with the aftermath of an accident and to recover the compensation you deserve, contact their accident lawyer at 602-635-4853 today.

Phoenix accident lawyers

1121 E. Missouri Avenue, Suite 126 • Phoenix, AZ 85014