A few days ago, I was contacted by a potential client regarding the death of a family member. The death was caused by the apparent acts and omissions of an employee of a well-known business where a lot of us shop. It seems that, while in a store, the family member was walking down the aisle, and a piece of equipment being operated by a store employee “malfunctioned” and fell on the family member, killing him instantly. Unfortunately, one of the family members’ children was there when it happened and witnessed the entire event. The potential client asked for my professional opinion as to what I thought could be obtained in this case.
After gathering additional information from the caller, I opined that the likely settlement or judgment for this type of event could be in the seven figures; and, if the case proceeded to trial in a civil action, the judgment given by a jury could be in the high seven figures. Specifically, I informed the caller that the family was entitled to compensation for the death; and that the compensation would have to be paid by the employee who caused the accident, as well as the employer where the accident took place. As we continued to talk, it seemed as if this type of accidental death could have been avoided. This simple fact, if true, could have a multiplier effect on the amount of money which could be obtained by the family.
I informed the caller that, before a lawsuit was filed, that it would be a good idea if a licensed private investigator could conduct an investigation and prepare a report. And, that we had such a person on our staff who could conduct the investigation without any delay. Sometimes when there are delays, important information is lost, destroyed or misplaced. This could negatively affect the compensation which the family ultimately receives, so this investigation should start immediately.
Obviously, compensation is important. It is the only thing the law can provide. The compensation serves three primary purposes:
Hold the persons causing the death accountable for their actions or inactions, even if it was an accident;
Help the surviving family members with financial expenses; and
Help the surviving family members with financial and living expenses in the future.
The personal injury attorneys at the Law Offices of Vincent W. Davis & Associates are dedicated to helping the surviving family members so that the best results are obtained.
Wrongful deaths or serious injuries can often happen in different situations:
1. Medical Malpractice (the doctor makes a mistake which cause a serious injury or death)
2. Nursing Homes (we currently have a case against a nursing home where the client, a young child, suffered major brain damage)
3. Defective Drugs (we currently have a case against a major drug company for manufacturing a drug that caused injury to our now 18 year old client. (He took the medication for several years while he was a child.)
4. Car Accidents (we’ve handled many cases for injuries that result in car accidents)
5. Motor Cycle Accidents (which are usually worse than car accidents, for obvious reasons)
6. Bike Accidents (which are usually worse than car and motor cycle accidents, for obvious reasons)
7. Animal and Pet Attacks and bites (special law applies, where there is something called strict liability which may apply.)
8. Premises Liability (where the person is injured while on someone else’s property; the case recalled above was a premises liability case.)
Most of the time in wrongful death cases, the spouse, children and parents are usually able to claim compensation. For medical malpractice, only the spouse and children under the age of 25 can be compensated. Damages may be collected for expenses such as:
1. Medical costs
2. Loss of Companionship
3. Loss of Consortium (the loss of a spouse)
4. Pain and Suffering
5. Attorney’s fees
6. Punitive Damages (damages to punish the person causing the death or injury)
If you know of a possible wrongful death, or major injury, please contact our office for a consultation.
Vincent W. Davis
888 888 6582