$291,000 Recovery: Our client was walking to his mailbox to get his mail when he was struck by a US Postal Service truck that was driving in reverse down the street. Unfortunately, the postal service employee had forgotten to deliver a package to a previous address and instead of turning around to go back, he choose to back down the street for a distance of more than 192 feet. The US Postal service found that the employee was at fault through it’s own investigation, however they did not want to admit liability. Due to the negligence of the postal employee, our client suffered severe spinal injuries that required surgery. However, prior to surgery being performed, it was discovered that he had laryngeal cancer that was untreatable due to the spinal injuries. Our client never left the hospital following his accident, passing away a short 38 days later of pneumonia due to his compromised immune system. Due to the wrongful death of our 77 year old client, the US Postal Service agreed to settle the claims of his spouse and his estate for $291,000. Injuries: fractured nose, lacerations requiring stitches, spine injuries requiring surgery and resulting in the plaintiff having an extended hospital stay leading to multi-system failure and eventual death; Damages: Pain & suffering, the estate’s loss of accumulation of value, medical expenses, funeral expenses and loss of consortium. JANE DOE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN DOE v. UNITED STATES POSTAL SERVICE.
The loss of a love one is one of the most difficult times in a person’s life. When the death is due to another party’s negligence or wrongdoing, coping can be especially hard.
A wrongful death is when a person is killed due to the negligence or misconduct of another party. Those who were dependent on, or a beneficiary of, may be entitled to monetary damages.
Most states have passed wrongful death statutes in order to compel professional organizations, companies and businesses to act carefully and responsibility to avoid taking the life of another.
However, wrongful deaths do occur in some situations such as:
- Workplace Accidents – In most cases the family is entitled to death benefits through the state’s workers compensation system. But is some instances the family may be able to sue for negligence.
- Product Defects – Here are a few examples of products that can be defective; food, pharmaceuticals, toys, household products, and vehicles.
- Medical Malpractice – These types of issues stem from hospital workers negligence, surgical errors, misdiagnosing a health condition, prematurely discharging and many other types of medically related mistakes.
- Vehicle/Truck Accidents – Negligence of drivers, road conditions that were left knowingly exposed, manufactures using defective products or not properly testing equipment.
The laws involved in wrongful death lawsuits are complicated. While you are grieving the need to file a wrongful death lawsuit may not seem important. However, many wrongful death cases need to be filed within a specific time period. Don’t risk losing your right to financial compensation.
No amount of money can ever compensate for the loss of a loved one, but being financially secure and having justice served can provide a sense of security.
Contact the experienced team of lawyers at Wittmer | Linehan to guide you through the process of a wrongful death case and help you receive the monetary damages you are entitled to.