Michigan Personal Injury Blog - Wrongful Death

Michigan's Wrongful Death Act Provides Compensation, Closure for Families

David Mittleman — Fri, 13 Nov 2009 12:31:00 GMT

It is always difficult when a family member dies. When a loved one passes away, it is quite common to feel grief and loss. Those feelings can be even worse when someone is taken out of our lives due to the carelessness or negligence of another.

Nothing can ever truly replace a relative lost forever. However, Michigan law does allow family members to receive fair and reasonable compensation when an individual dies as a result of injuries caused by someone else. Michigan's Wrongful Death Act permits the following people to recover certain damages:

The decedent's spouse
The decedent's children (and their descendants)
The decedent's parents and grandparents
The decedent's brothers and/or sisters
People entitled to recover a portion of the decedent's estate under law
People entitled to recover a portion of the estate under a will

Instead of compensating the decedent, the Wrongful Death Act is designed to compensate the surviving relatives and the estate for damages they have suffered. Therefore, damages are typically limited to:

Reasonable medical, hospital, funeral, and burial expenses
Conscious pain and suffering suffered by the decedent
Loss of financial support
Loss of society and companionship

The law also permits a jury or judge to award any other damages considered "fair and equitable under the circumstances."

Michigan's Wrongful Death Act is very complicated and detailed. It includes numerous procedural requirements that must be strictly observed. Our firm regularly handles this type of claim, and we may be able to help you if you have lost a family member due to the negligence of someone else.

Originally posted at InjuryBoard by David Mittleman

Family of Jennifer Strange Wins $16.5 Million for Water-Drinking Contest Death

David Mittleman — Fri, 30 Oct 2009 15:34:54 GMT

Thanks to a Sacramento County jury, the notorious case of Jennifer Strange, a young mother of three who died after participating in a radio station’s water-drinking contest, has come to a close. Jennifer’s family will receive $16.5 for their daughter’s 2007 death after the jury found the radio station liable for the actions of its employees.

Sacramento radio station KDND-FM held a contest in January 2007 called “Hold Your Wee for a Wii”, a contest whereby participants were instructed to hold their urine for as long as possible after drinking large amounts of water. Jennifer died of acute water intoxication after consuming nearly two gallons of water. In response, the plaintiff’s attorneys filed the wrongful death lawsuit on behalf of Jennifer’s husband and their two sons, as well as her oldest son and his father.

The plaintiff’s attorneys alleged that the radio station was negligent in holding the contest. However, the defense attorneys countered that Jennifer’s death was her own fault by “contributory negligence”. Nevertheless, jurors ultimately found Entercom Sacramento LLC liable for the actions of its employees at radio station KDND-FM.

Originally posted at InjuryBoard by David Mittleman

Lawsuit Claims Doctor Botched Brain Surgery, Covered Up Evidence to Avoid Wrongful Death Suit

David Mittleman — Wed, 12 Aug 2009 11:55:27 GMT

Cincinnati, Ohio—the family of 16-year-old Jessica Siegel has filed a lawsuit against a neurosurgeon and a clinic, who they claim altered evidence to avoid a wrongful death claim after Jessica died after undergoing brain surgery.

Jessica died in August 2006 after undergoing brain surgery at the Mayfield Clinic & Spine Institute. The family’s suit accuses Dr. Andrew Ringfield of botching the surgery and then trying to cover up his mistakes by excluding the head from an autopsy.

The clinic maintains that it stands by the “high quality of its physicians and staff and that Ringer exemplifies clinic values, including honesty and skill.” However, the clinic refused to comment on the specific allegations in the lawsuit. Siegel’s family also filed a separate lawsuit in 2008 against organ donor companies, alleging that they took Jessica’s eyes without consent.

Originally posted at InjuryBoard by David Mittleman

Iowa Jury Awards $11.4 Million to Victims of Deadly Helicopter Crash

David Mittleman — Sat, 18 Jul 2009 08:10:00 GMT

Two victims of a 2006 helicopter crash received just compensation after a Polk County, Iowa jury awarded $7.2 million to a cameraman’s widow and $4.2 million to the film producer of an eastern Iowa baseball movie entitled “The Final Season”.

During the June 2006 shooting of the film, filmmakers were attempting to capture an aerial shot from a helicopter. Richard Green was flying the helicopter between 30 and 50 feet off of the ground at about 55 mph, when the chopper blades snagged on powerlines and brought the plane crashing into a cornfield. Roland Schlotzhauer, the cameraman, was killed and Tony Wilson, the Dallas Center movie producer, sustained near-fatal injuries. Six of the seven jurors found Green 75% at fault for Schlotzhauer’s wrongful death suit and completely at fault for Wilson’s suit after just two days of deliberation.

Green is required to pay 75% of the $7.2 million settlement for Schlotzhauer’s wrongful death suit, and the corporate owners of “The Final Season” will pay the remaining 25%. However, Green will pay the entire settlement amount for Wilson’s suit to cover medical expenses, pain and suffering, lost earnings and other legal damages. The settlement amount for Schlotzhauer’s suit represents one of the highest cash awards for a wrongful death lawsuit in Iowa.

Originally posted at InjuryBoard by David Mittleman

Family Files Wrongful Death Suit After 16-year-old Dies in Police Taser Incident

David Mittleman — Thu, 18 Jun 2009 13:03:17 GMT

A Detroit family has filed a wrongful death lawsuit in U.S. District Court against the Warren police and the city after their son died of sudden cardiac arrest back in April of this year, when he was stunned with a Taser. After performing an autopsy, the medical examiner concluded that the boy had a genetic heart condition that caused him to have an irregular heartbeat, which also made his heart too weak to withstand the shock from the Taser.

The boy, just 16 years old, fled the car he was travelling in with his cousin after the police pulled the two boys over for having an expired license plate. The boy then ran into an empty house and attempted to resist arrest, at which point the police used the Taser to shock him. He immediately collapsed and the police continued to handcuff him until they discovered that he wasn’t breathing. They then attempted to resuscitate him without success.

Many residents in Warren are in an uproar over the police forces’ continued use of Taser guns. However, the Warren Police continue to defend the officers’ actions during the incident, saying they were simply following the department’s policy and the Taser is a non-lethal weapon. However, this is the second Taser-related death in Michigan this year alone.

Originally posted at InjuryBoard by David Mittleman

Brighton Woman Charged Under Michigan’s Kids in Cars Law

David Mittleman — Fri, 15 May 2009 08:27:00 GMT

Yesterday morning, Michigan Governor Jennifer Granholm conducted a ceremonial signing of the Kids in Cars law. The law has been in effect in Michigan since April 1, 2009. The law makes it illegal for children under the age of 6 to remain unattended in a car.

Just last week, a 38-year old Brighton woman was charged under the new law. Police responded to a call from Best Buy workers who noticed that the woman was buying around $500 worth of DVD’s and computer equipment with a fraudulent credit card. When the police escorted the woman to her car, they noticed her 6-month-old son, who was left in the car for over an hour.

The law charges violators with a misdemeanor, punishable for up to 93 days in jail and a $500 fine. While forgotten baby syndrome can happen to anyone, hopefully the imposition of fines and jail time will make parents think twice before leaving a child behind.

Originally posted at InjuryBoard by David Mittleman

$3.1 Million Jury Verdict Awarded to Drunk Driving Victim’s Family

David Mittleman — Wed, 13 May 2009 16:35:07 GMT

A LeHigh County, Pennsylvania jury awarded a victim’s family and estate a $3.1 million verdict last Friday, after she was killed by a drunk driver on the evening of her 25^th birthday. The victim, Sheena Marie Villa, pleaded with the driver of her vehicle, 30-year-old Robert E. LaBarre, to slow down as he drove 85 mph, lost control and crashed into an oak tree.

The jury did not find the bar that was serving LaBarre liable. Instead, they found LaBarre 85% at fault and Villa 15% at fault. They awarded the family $1.1 million in compensatory damages and $2 million in punitive damages. LaBarre is currently serving a 5 ½ to 12 year sentence for vehicular homicide.

Originally posted at InjuryBoard by David Mittleman

A family's legal remedies when a loved one dies from someone's negligence

David Mittleman — Fri, 01 May 2009 12:14:15 GMT

If tragedy strikes and one of your relatives dies as a result of someone’s negligence, Michigan’s wrongful death statute permits the family of the lost loved one to bring forth a lawsuit against the person or persons who caused the untimely death or the corporations who would also be liable for the negligence of their employees.

Under the law, the people entitled to monetary damages resulting from the wrongful death of a relative are the (1) spouse, (2) children, (3) grandchildren, (4) parents, (5) grandparents, and (6) brothers and sisters of the deceased, as well as (7) the spouse’s children (the deceased’s step-children). These are the parties of interest to the deceased’s Estate.

Michigan law does not permit boyfriends, girlfriends, ex-spouses, children of ex-spouses (unless legally adopted) or friends to file a wrongful death lawsuit.

Such a lawsuit has to be brought forth by a Personal Representative, who acts in the interest of the deceased person’s Estate. The attorney who handles the lawsuit can also help you establish a Personal Representative (sometimes the spouse of the deceased, other times a neutral third-party).

The types of damages the parties of interest may receive as a result of a settlement or jury verdict are (1) monetary damages for lost economic services the deceased would have provided had he not died (lost income, lost household services), (2) all reasonable medical, hospital, funeral, and burial expenses for which the Estate is liable, (3) monetary damages for the pain and suffering of the deceased after the negligence, but before his death, and (4) monetary damages for the pain and suffering endured by the relatives of the deceased.

Originally posted at InjuryBoard by David Mittleman

South Carolina Family Settles for $3 Million in Medical Malpractice Case

David Mittleman — Thu, 09 Apr 2009 10:08:38 GMT

In March of 2005, Heather Sloan, a 29-year old mother of three, went to the Chester Regional Medical Center complaining of extreme abdominal pain. After doctors failed to read her CT scan properly she was sent home. Had they read her CT scan properly, they would have noticed her twisted intestine. It wasn’t until she returned to the Emergency Room two more times, that doctors finally noticed the bowel torsion.

Surgeons attempted to remedy the situation by performing an emergency surgery, but at that point it was too late. Heather Sloan died the evening of the operation. Her family settled with the hospital last year for $250,000 and reached the $3 million settlement agreement with the doctors this week.

Originally posted at InjuryBoard by David Mittleman

City of Detroit to pay $2 Million for contributing to a death during lockup

Timothy Smith — Wed, 25 Feb 2009 16:19:05 GMT

In August 2005, James Stone was arrested on a parole violation. While in lock-up/jail, he complained for over an hour about chest pains, but the City did nothing. He later had a heart attack and died. Had he received proper medical care and treatment, it was argued that his death could have been avoided.

It seems that one of the reasons the case settled was what the presiding judge called, "egregious misconduct" by the City's attorneys during the discovery phase of the litigation. U.S. Magistrate Judge Stephen Pepe accused the City's attorney of repeated violations of discovery orders and court ordered deadlines.

Magistrate Pepe took the rare step of recommending to the trial judge, U.S. District Court Judge Denise Page Hood, that the City of Detroit be defaulted for their flagrant abuse of discovery. Before Judge Hood had a chance to rule on that issue and just before the jury was picked, the City settled the case for $2 million.

Originally posted at InjuryBoard by Timothy Smith