In the worst-case scenarios, an accident will turn fatal. What makes this worse is that many of these accidents that resulted in death could have been avoided. Like a personal injury claim, this type of death involves the wrongful or negligent actions of another that led or contributed to the accident. Since the victim of the accident is deceased, the surviving family members may be able to file a wrongful death claim against the negligent party on the behalf of the deceased. Typically, wrongful death claims are filed against a company, employer or other individual. In some cases, wrongful death claims can be filed against multiple parties. Below is a recent wrongful death case used as an example of a scenario that could constitute a wrongful death claim or lawsuit.
According to an article from the Chicago Tribune:
A wrongful-death lawsuit was filed Thursday against Marriott International Inc., claiming that a downtown Chicago hotel is responsible for infecting an Irish tourist with Legionnaires' disease. The lawsuit, filed in Cook County Circuit Court, says Thomas Joseph Keane, 66, was dining at the JW Marriott hotel, 151 W. Adams St., on July 27 when he somehow inhaled "dangerous aerosolized water vapor contaminated with Legionella bacteria."
In this particular case, the plaintiff was a tourist and guest of the Marriott Hotel and the defendant is the Chicago Marriott Hotel.
Wrongful death claims or lawsuits can also be filed against individuals that are also being charged criminally. By filing a civil lawsuit, the surviving family members of the deceased are able to seek financial compensation for the criminally negligent actions that led to the death of the victim. This was very prevalent in the O.J. Simpson murder case.
The O.J. Simpson civil trial proceeded as follows:
The parents of [the deceased] brought suit against Simpson for wrongful death, and Brown's estate, represented by her father Lou Brown, brought suit against Simpson in a "survivor suit", in a trial that took place over four months in Santa Monica and was not televised (by judge's order). Simpson's defense in the trial was estimated to cost $1 million. The jury in the civil trial awarded the victims' children $12.6 million from their father as recipients of their mother's estate. The victims' families were awarded $33.5 million in compensatory and punitive damages.
Although O.J. Simpson was acquitted of his criminal charges, he was still found liable in the civil case. If your loved one was killed not just by a negligent action, but a criminally negligent action, then consider speaking with a Santa Clarita wrongful death lawyer at our firm.
If your loved one was killed due to the negligent, careless or even criminal actions of another, then do not hesitate to speak with a Santa Clarita wrongful death attorney from our firm. At The Law Offices of Gerald L. Marcus, we fight to see that grieving family members receive the financial compensation they deserve. This compensation might come in the form of funeral expenses, loss of income, loss of enjoyment of life and more. To learn more about our firm, to inquire or to schedule an appointment to speak with us, please contact our office today!