Showing posts with label wrongful death claim. Show all posts
Showing posts with label wrongful death claim. Show all posts

PCH Ferrari Driver Crashes, Splits Vehicle into Two; One Passenger Killed

    A sports car like a Ferrari may complete a man’s quest for attaining full-machismo; however, crashing such highly expensive vehicle and causing wrongful death to a passenger are always not part of becoming a true blue macho.

    Take the case of one Vladimir Skortsov who crashed his Ferrari at the Pacific Coast Highway. Aside from destroying his high-end auto, he also caused the death of his passenger, Basil Max Price III of Pomona. Skortsov slams his car into a power pole in PCH, splitting the vehicle into two. The impact of the crash resulted in Price to be ejected from his seat and landed hardly on the roadway, the attending emergency unit pronounced him dead at the scene.

    According to news reports, Skortsov who sustained severe injuries was driving his sports car around 90 mph when the car crash happened despite the speed limit in the area is 45 mph. Initial investigations claim that one of the probable cause of the incident is over speeding. Investigators are also looking into drunk driving as the cause of the accident. Officials said that the driver has two outstanding DUI convictions that he incurred in January 2007 and July this year.

    Whether over speeding or driving while intoxicated is the reason for the crash, the family of dead victim may file a wrongful death claim against Skortsov because of his negligent act. Under the personal injury law, if a motorist causes death of another individual due to negligence, he or she may face wrongful death lawsuit and may be required to provide compensations to the deceased’s survivors.

    To learn more on wrongful death claim, you may consult with a Los Angeles wrongful death attorney. Your lawyer will guide you throughout the process of litigation. You may dial our toll free number at 1-866-772-2889, or email us at info@mesriani.com for free case analysis.

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PCH Ferrari Driver Crashes, Splits Vehicle into Two; One Passenger Killed


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https://charlotte-lifesaboutthejourney.blogspot.com/2011/09/pch-ferrari-driver-crashes-splits.html


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Colonial Healthcare to Pay $28 Million for Elderly Abuse

    A nursing home corporation based in Rocklin was recently held liable for $28 million worth of punitive damages for the death of one of its residents in Auburn because of an infected bedsore.

    Colonial Healthcare in Auburn and mother company, Horizon West of Rocklin who runs 33 nursing homes mostly in Northern California, were found guilty of elder abuse. Elizabeth Pao sued Colonial for their lapses which contributed to the death of her mother, 79-year old Frances Tanner.

    Long-time civil servant Tanner was suffering from mild dementia but otherwise healthy and mobile when she was admitted to Colonial. But within 7 months, after breaking her hip in a fall accident, she died from an infected bed sore.

    Witnesses, who included former Colonial employees, accused the nursing home of chronic understaffing, poor medical documentation and corporate greed.
    The jury found the nursing home’s conduct to be “malicious, oppressive and fraudulent and awarded Pao $1.1 million in damages for Tanner’s pain and suffering as well as Pao’s loss of companionship.

    However, a monumental award of $28 million in punitive damages was also set by the jury. Colonial, who has a history of problems with state regulators, was cited for the fourth time for the death of an elderly patient in Tanner’s case.

    Carole Herman from the Foundation of Aiding the Elderly said that the multi-million award should send a strong message to Colonial as well as other nursing homes that they have to do better.

    In any personal injury or wrongful death claim, damages can be awarded to the victim or the deceased’s family once it is proven that the defendant’s negligence or actions caused the damage or injury.

    The plaintiff can receive damages which are either be compensatory or punitive. Compensatory damages are monetary compensation intended to compensate the injured party for his actual loss or injury.

    On the other hand, punitive damages or exemplary damages are given in addition to compensatory damages to “punish” the defendant and set an example to keep others from making the same mistake and ruining other people’s lives.

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Colonial Healthcare to Pay $28 Million for Elderly Abuse


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https://charlotte-lifesaboutthejourney.blogspot.com/2010/05/colonial-healthcare-to-pay-28-million.html


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Wrongful Death Claim: Making the Best Out of a Tragedy

    On July 26, 2006, 49-year old Michael Woods went to the emergency room at Kent Hospital in Warwick, Rhode Island because he had a sore throat and was vomiting.

    Michael, who happened to be the younger brother of Oscar nominated actor, James Woods, died of a heart attack three hours later while he was left to wait for an available room on a gurney in a hallway outside of the nurses’ station.

    The family, who felt bitter and angry over their perception that the hospital did not do enough to save Michael, filed a case for negligence and wrongful death against Kent Hospital.

    The suit was instituted by James Woods and the son of his brother, Peyton Woods.

    It was only this December that the wrongful death claim was settled with the Woods family. Sandra Coletta, the hospital’s Chief Executive apologized for Michael’s death because of medical mistakes made in Michael’s case and gave the family an undisclosed amount.

    The settlement received by the Woods family which would allegedly help finance the education of the three children left behind by Michael. A “Michael J. Woods Institute” will also be set up at Kent Hospital in memory of Michael’s death.

    $1.25 million will be invested by the hospital into the institute over the next five years on its research on human factors that will look into reducing the risk of errors based on human behavior and decision-making.

    In a statement, the family said that the family is trying to make the best of a horrible tragedy.

    Wrongful death claims are often the best way for the aggrieved family members to move on following the death of a loved one.

    While it may not bring back the life of their mother, their father or their brother, for many families who have lost their breadwinner, the compensation received from a wrongful death claim will help fill the void left behind by the death of the person who supported their family.

    Medical malpractice in particular, can be a valid ground for filing a wrongful death claim. While having a foundation or an institute established in the name of their deceased loved one is rare, the victim’s family may expect to receive wrongful death compensation such as:

    • Medical and funeral expenses
    • Loss of the deceased’s expected earnings between the time of the death and the expected retirement or death
    • Loss of benefits like pension plans, medical coverage, and the like
    • Loss of inheritance
    • Damages for mental anguish or pain and suffering of the surviving family
    • Loss of care, protection, nurturing, and companionship
    • Punitive Damages

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Wrongful Death Claim: Making the Best Out of a Tragedy


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https://charlotte-lifesaboutthejourney.blogspot.com/2009/12/wrongful-death-claim-making-best-out-of.html


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How Much is the Right Cost in a Wrongful Death Claim

    Reading “$29 Million Wrongful Death Award in Kings County Fire”, posted July 9, 2008, one cannot help but be astounded at the amount of compensation received by the decedent’s survivor in this grievous fire accident. The $29 million total settlement was said to be the largest in a wrongful death case verdict in the history of the county.

    But how can one really determine a just and fair compensation in a wrongful death claim?

    Wrongful death claims arise when victims die in an accident because of negligence or recklessness. In calculating compensation for the wrongful death victims, the court or jury often takes into consideration the following points:

    • The gravity of the injury

    • The extent of damage

    • The status of the offending party

    • The effect or repercussion of the accident on the victim and his survivors

    According to this account, five people, including a teenage couple and their two-month old and two more other kids, perished in a fatal fire that gutted nine apartments in the county.

    In deliberating on the damages award in this wrongful death case, the jury may have considered the factor that the fire accident had caused a tremendous effect on the victim’s family. In this case, the sense of loss is beyond one’s imagination as a whole family totally perished in a single accident. The grief is even more serious as investigations later revealed that the property owners had informed the tenants, six month before the incident that the building is not equipped with smoke or fire detectors.

    To be able to pursue claims in a wrongful death case, the following elements are required:

    • the death was caused, in whole or part, by the conduct of defendant

    • the defendant was negligent, or strictly liable, for victim's death

    • there is a surviving spouse, children, beneficiaries or dependents

    • monetary damages have resulted from the victim's death.


    Pursuing a claim in a wrongful death case may be difficult for grieving survivors hence the services of a lawyer who specializes in this concern is important.

    A wrongful death claim lawyer can help you evaluate your case, determine the amount of compensation and represent you during negotiations.



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How Much is the Right Cost in a Wrongful Death Claim


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https://charlotte-lifesaboutthejourney.blogspot.com/2008/07/how-much-is-right-cost-in-wrongful.html


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