In the midst of crowded streets and rush hours, a car accident may occur without forewarning, changing one’s life forever. Health consequences may range from severe brain trauma to paralysis and, in extreme cases, wrongful death. For victims located in Florida, the law ensures their rights to receive compensation for both their tangible losses and…
In a significant ruling, the Pennsylvania Superior Court has upheld a defendant’s immunity under the Mental Health Procedures Act (MHPA). The case in question, named Wunderly v. St. Luke’s Hospital et al., focuses on assertions of negligence and corporate negligence by the plaintiff. The plaintiff had filed wrongful death and survival actions against the defendants,…
The Massachusetts Appeals Court has rendered a decision upholding the immunity of a school district and social worker from a wrongful death lawsuit. The case involves the unfortunate suicide of a student, with allegations leveled by the mother against the school district and social worker for their alleged failure to intervene. According to the Sept….
Wrongful death cases pose a unique set of challenges when it comes to mediation. The stark reality is, unlike other cases, the individual at the heart of the mediation process is inexorably absent, their voice silenced forever. This glaring void reverberates throughout the case, affecting mediation tactics and interventions. The sheer anticipation of their absence…
In the unfolding of a contentious wrongful death personal injury case, the appellant’s defense has brought an apportionment request to the Georgia Court of Appeals. While the appeal finds its origins in a defaulted defendant being liable for $25 million in damages, the opposing counsel classified this move as a desperate attempt to evade the…
Motorcycle accidents often result in injuries much more severe than those typically sustained in car collisions. These incidents can inflict significant harm on motorcyclists due to their vulnerable exposure to external elements, making them no match for an oncoming vehicle. Consequences can be as severe as resulting in paralysis, head injuries, or even leading to…
Recently passed legislation in Illinois significantly broadens access to punitive damages and expedited trials, establishing a new landscape for litigation in the state. In particular, Illinois House Bill 219 and Illinois Senate Bill 1748 have been designed to help plaintiffs, especially those in wrongful death and survival cases, and senior citizens. As reported by Harris…
In July, a jury in Washington state awarded $2.5 million to the family of a man who died after consuming kratom, a substance he used to alleviate back pain. This case marked the inaugural wrongful death trial in the United States involving kratom. Following this decision, a separate lawsuit has been lodged in California state…
The state of Florida sees a significant number of bicycle accidents each year, with many of them resulting in severe injuries or fatalities. While bicyclists might understandably feel they are at a disadvantage when involved in accidents with motor vehicles, understanding the common causes of these accidents may aid in prevention. Addionally, it is vital…
Every year, countless individuals in Florida and beyond suffer as a result of defective consumer products. The fallout from such incidents can range from minor inconveniences to serious injuries and, in the most severe cases, even wrongful death. Moreover, product liability claims are vast in their complexity, involving a variety of defendants and claim types….
In an interesting twist of legal proceedings, two law firms found themselves with disparate outcomes in a legal malpractice case in the United States District Court for the Northern District of Illinois. The central question hanging over the case was whether lawyers representing an estate administrator owe a duty to beneficiaries of said estate. The…
When it comes to mounting a compelling trial argument, establishing a clear and focused theme is crucial yet often overlooked. This maxim has been increasingly explored by legal professionals, crystallized in Robert Tyson’s piece “Every Trial Argument Needs a Theme: Here’s Why & How to Create One” on JD Supra. In his analysis, Tyson asserts…
Legal representatives for eight of the ten victims who tragically died in a seaplane crash near Seattle last year have taken legal action, pursuing wrongful death complaints. These lawsuits have been filed in a Washington state court against the plane’s manufacturer, De Havilland Aircraft of Canada, and a charter plane company also implicated in the…
In a recent wrongful death action, the Massachusetts Supreme Court ruled in favor of a nightclub that was leasing space. A mother, grieving the loss of her son who was shot and killed outside the club, had contended that the court’s earlier summary judgment for the club was inappropriate. She claimed there was a dispute…
A $15 million wrongful death lawsuit has been lodged against Highroad Place, a transitional housing facility located in Nashville, Tennessee, on behalf of the family of a 22-month-old girl who was reportedly exposed to fentanyl during her stay at the facility. The lawsuit was filed by the attorneys at Stranch, Jennings & Garvey. The case…