Wrongful Death
The Bavis Wrongful Death Lawsuit is the Last of the 9-11 Suits to be Settled
That memory of 9/11 will be with everyone until the day they die. It will never fade from the minds of Americans.
Aside from the anguish of 9/11 and the heart-wrenching deaths, there is another side to this story. Many stories unfolded in court in the form of wrongful death lawsuits that arose from those terrorist attacks. The last of the suits was settled in early October 2011. The Bavis family’s goal was to inform the public about the weaknesses in America’s air safety system.
When they had done what they could to draw attention to serious security risks, they let the memory of the Los Angeles Kings hockey scout rest in peace with the knowledge that they had given him a voice, even after death. In part, the family settled with United Airlines and the security company, Huntleigh USA Corp., as they found out the trial, slated for November 7, 2011, would be limited to three weeks.
The focus of their suit was security lapses on the day that is forever burned into the world’s collective consciousness. The family wanted important information about airport and airline security to be put into public record so Americans understood, in part, what happened on September 11. That day, Mark Bavis, whose remains other than a miniscule bone fragment have never been found, was on United Airlines Flight 175 at Boston’s Logan Airport. His mom, Mary Bavis, filed the suit and the terms of the eventual settlement were not released to the public.
The family’s desire to keep awareness on airport screening has not dimmed. Their drive is to make future travel for others safer, and they will not stop until they have achieved their goal. It is something that would have perhaps saved hundreds of lives that day, had those that killed Americans been nabbed prior to boarding.
The Bavis family points a finger squarely at Huntleigh and United for security failures that allowed the terrorists to hijack the flight their son was on. These failures involved not hiring and retaining qualified screeners or properly training them in light of heightened terrorism threats.
This became the focus of the lawsuit when it was discovered that at least nine airport security screeners, immigrants who spoke limited to no English, did not even know that the threat level had been raised to the likelihood where terrorists would attack civil aviation targets. Those same nine screeners had no clue who Osama bin Laden was and had not heard of al-Qaida.
It was not just the screeners that did not know the threat level had been raised. It was management too, as the shocking fact that the security company’s director of training and its general manager at the airport had never heard of bin Laden or al-Qaida. Management and screeners allowed knives, pepper spray and Mace onboard that fatal flight.
None of it should have happened; none of it. It left the world in tatters and will haunt everyone forever. Nothing can be done to turn the clock back, but one thing is certain – if you are dealing with a situation in which a loved one lost their life due to the wrongful actions of others, do not hesitate to contact a skilled and compassionate Arkansas injury lawyer.
If you seek justice for harm done to you, the only way to get a fair hearing and be fully informed of all your options is to discuss your case with an experienced Arkansas injury lawyer.
Michael G. Smith is an Arkansas injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com.
Man Stabs Mother After Stopping Anti-Psychotic Medication
One wonders about doctors that stop medication for patients before it is wise to do so.
In this interesting, yet disturbing medical malpractice case, a man stabbed his mother to death a few days after being taken off anti-psychotic medication. The man’s father filed a medical malpractice lawsuit against the physician who made that decision.
In this reported case, the story began in 2001, when John Doe (names have been changed to protect their identities) first started treatment for violent tendencies and sexual compulsions at a local health center run by Dr. X. A part of the treatment for John Doe was anti-psychotic medications, which seemed to deal with his symptoms well enough that they were subdued. Doe was on a cocktail of medications to alleviate his angst.
In 2002 however, the doctor took Doe off two of the most powerful medications he was taking as there were concerns that the medication might lead to a potentially dangerous syndrome. Once taken off those drugs, Doe started experiencing horrendous nightmares about the devil wanting him to do evil things. A few days later, Doe attacked his mother and killed her by hitting her in the head with a battery charger and stabbing her 72 times.
Doe’s father consulted a personal injury lawyer and filed a medical negligence lawsuit against the doctor, stating that in making the decision to take his son off his anti-psychotic medications, it had caused him to kill his mother. The first time the case went to court, the judge said the doctor was not at fault for Doe’s action. On appeal though, the decision was reversed, sending the case on its way to the Georgia Supreme Court.
The Georgia Supreme Court ruled that the father could move forward with his lawsuit, despite the fact that there were many painfully evident questions about Doe’s competency and sanity at the time of the killing. Will they win their case against the doctor? Chances are the family will likely win the case, as there may well be enough evidence to prove direct causation between Doe being taken off his medications and the subsequent attack that killed the mother.
Cases like this typically employ the use of expert medical witnesses to testify as to whether Dr. X was negligent in taking Doe off two of the medications that were keeping him under control. Certainly, there will be a “risk of keeping him on the drug versus him not being on the drug” kind of analysis to address whether or not another doctor in the same area of practice would have done the same thing, and therefore it would be acceptable.
Based on the cursory facts that we do know, there does appear to be a chance the family may win its case. However, having said that, each case is different and the expert medical witness testimony will be crucial to the eventual outcome.
Have you been in a similar situation, where a doctor has given you medications that caused a mental, emotion or other dangerous side effect? If so, do not second guess your feelings. Call an experienced Arkansas injury lawyer for advice. It will be a call well worth making. An Arkansas injury lawyer will be able to advise you on the nature of your case, and whether there is enough evidence to move forward to justice.
Michael G. Smith is anArkansas injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com.
Fast Moving Car Crashes Into Amish Buggy Causing Fatality and Injuries
Many wrongful deaths are the result of car accidents. This case was unusual as it involved a buggy.
There are many kinds of vehicles on the road today, and that includes a horse and buggy. More often than not, the horse and buggy transportation is usually found near areas where the Amish live. It is then not so unusual to expect to see them on the road and get around by this mode of transportation.
In this reported case, the driver who slammed into the back of a buggy came up over a hill and could not slow down. That begs the question of how fast the man was going, which is something the police are looking into further. The fact that the buggy was dragged so far down the road is a pretty good indication that the car was moving rapidly.
The accident happened when three young people were heading east on the highway. The driver of the car that hit them was also traveling east at a good rate of speed and ploughed into the slow moving buggy. While the car driver indicated that there was no slow moving vehicle triangle on the back of the buggy, you cannot miss a horse and buggy on the road in broad daylight at noon, which is when the accident happened.
As a result of being rear-ended, the buggy driver and his two passengers were ejected onto the road after being dragged several hundred feet. A 17-year-old girl was pronounced dead at the scene by responding emergency crews. The other two were taken to the hospital with the second female passenger being flown to an experienced trauma hospital. She has life-threatening injuries. The car driver did not sustain any injuries.
This will most likely become a wrongful death case. While there may be some question about the speed the car was going, ultimately the driver was handling the vehicle negligently or he would not have rammed into it. There are also two victims in this fiasco that will want to discuss their cases with a personal injury lawyer. Medical expenses these days are extremely high and both the victims that survived will have enormous bills and not have any way to pay them without suing the driver of that car.
In a personal injury case, the victims are entitled to recover compensation for their injuries, pain and suffering, lost wages, loss of consortium, and medical expenses. In a wrongful death action, the victim’s representatives may also recover expenses for things such as funeral and burial expenses, loss of wages and loss of inheritance. In both types of cases, there must be an element of negligence present and that negligence needs to have a direct link to the injuries sustained by the victims.
If you have been in an accident like this one, you will need compensation to pay your medical expenses and for other things such as therapy. Do not waste time dealing with an insurance company, whose only goal is to get you to reduce the amount of your claim. Call a skilled Arkansas injury lawyer and start asking questions. That is their job to get you the compensation you deserve.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Wrongful Death of a Daughter Leaves Family Hoping It Never Happens to Another
Life changes on a dime, as this one family discovered when their daughter was killed. Their wrongful death lawsuit hopes to make a point for others.
The young college student in this case was out for an evening of fun with friends. They had gone to a club and were in party mode until about 2 a.m. when they decided to head home. What happened next was horrendous and took the life of a 23-year-old woman.
The after party crowd was making their way outside to their vehicles, when the defendant in this reported case got into his souped up monster truck (Ford F-250) and ran over the woman with both front and back tires. She died at the scene from blunt force internal injuries. She never had a chance. The truck’s driver said he never saw her.
Her family filed a wrongful death lawsuit naming the drunk driver and the club who over served the man well past the legal intoxication limit, let him leave, and get into a vehicle to drive while under the influence. Was the club negligent? Yes, it was. They have the responsibility to not over serve alcohol to inebriated patrons for very reason that killed the young woman in this case. They did not do anything to stop him from leaving, even though they knew he was more than three sheets to the wind.
Turns out that the F-250 driver was driving with a suspended license and was so blasted that he had no idea he had even hit anyone, let alone killed them. The reason he never saw his victim? The man had a lift kit on his truck that restricted his field of vision; a kit that was not in line with federal and state laws. In other words, the truck was not fit to drive.
The man was charged with intoxication manslaughter and his blood alcohol content clocked in at 0.18; more than twice the legal limit. He was subsequently released on $100,000 bail. The criminal charges are typically dealt with first and later, the civil wrongful death lawsuit may be filed.
The family of the young woman wants to make sure something like this never happens to anyone else. But for the negligence of the club in illegally serving an already drunk person even more liquor, this young woman may have been still alive. But for the negligence of the drunk driver, this young woman may have still been alive. Her family would not be facing the devastation of the daughter’s death for a senseless reason.
If you are faced with a situation similar to this, your best bet is to call skilled legal counsel. Talk to an experienced Arkansas injury lawyer. They understand the nuances of wrongful death cases and what the family wants to achieve by filing one. Often wrongful death cases are not about getting even with the defendant; instead, they are about wanting to prevent the same horrid thing from happening to anyone else. Is there financial compensation for the death? Yes, as typically there is an insurance settlement involved, and you will need an Arkansas injury lawyer to help you get the settlement you deserve.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Wrongful Death May Follow When Things Go Bad Medically
When you go to hospital, you tend to expect you will come out well, and alive. This did not happen in this shocking case.
It has been reported that there will likely be more than one wrongful death lawsuit filed by grieving families in this case that shocked the nation. Nineteen people, high-risk patients, were on IV lines, being fed bagged total parenteral nutrition – bags that were subsequently discovered to be contaminated with a deadly bacteria. This is something that could happen in any state, city, town or community, which is what makes it so frightening.
The pharmaceutical supplier who provided the parenteral nutrition bags was named in the two lawsuits filed to date, with more expected. The families of the victims, who went to hospital, sure that they would be home when they were better, filed the lawsuits to make a point about the supplier taking responsibility for the contaminated IV bags. The irony of this situation is that those who relied on the life sustaining fluid, paid with their lives when they were infected with serratia marcescens bacteremia.
In total, nine people died and another 10 had to be kept in hospital while they battled this new opportunistic disease that hitchhiked into their blood streams from the contaminated IV bags. Total parenteral nutrition is typically used for patients who are unable to or should not eat food. This particular bug is noted for causing infection in the urinary tract, in wounds, they eyes and respiratory tract. In this case, because it was introduced directly into the bloodstream, its effects were far more deadly.
The basis of the wrongful death lawsuits filed so far, indicate that the pharmaceutical supplier should have known the product was contaminated or defective. It is their business to produce safe products for people who rely on them for their lives. Thanks to this monumental and deadly error, six hospitals in the areas were reporting the serratia marcescens bacteremia infection.
This kind of incident gives one pause about going to hospital. How could it not? This is the stuff of nightmares for people facing any kind of hospital time. What will happen to me? Will I get the right medications? Will they be safe and not harm or kill me? With things like this going on, it’s not much wonder people regard hospitals and pharmaceutical suppliers and drug makers with a jaundiced eye.
The whole point of this though is that when someone you love goes to hospital to be healed, and then ends up fighting a serious infection or dying, because someone was negligent, something has to be done about this. The company that made the bags needs to be held accountable for their actions. The subsequent point to be made is also that something like this can happen at any time, to anyone, in any location. To receive just compensation, you need to hire the expertise of an Arkansas injury lawyer.
Wrongful death cases are highly complex, gut wrenching events for the family and take a long time moving through the courts. However, with a skilled Arkansas injury lawyer by your side, getting justice and fair and equitable compensation is what you deserve and will get.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Wrongful Death Came Calling In The Form Of A Deadly Prank
Pranks that take on a deadly element may be responsible for the wrongful death of an innocent victim. Such is the story in this case.
This is a case our law office read about and that involved a young sophomore who died as a result of a college prank gone awry. Often people relate best to actual case examples when learning more about how the law works when it comes to personal injuries and wrongful death lawsuits.
In this case, the 19-year-old man who died was living in a house with three other roommates. One night, while he was asleep, the other roomies got drunk and decided to play around with fireworks. Someone came up with the idea of sticking two Roman candles under the young man’s bedroom door with the idea that it would scare him awake and they could all have a good laugh when he came running out.
Roman candles are quite active when they get lit and often spew out at least 10 or more fireballs. With two of them under his door, there would have been roughly 20 fireballs blasting off into his room. The pranksters beat it outside and when they looked up at his room, they realized the whole thing was on fire by the glow in the window. They tried to save him but the intense heat drove them back.
The wrongful death lawsuit filed by the man’s parents stated that the four other boys who pulled this deadly prank were negligent and acting in a willful and wanton way and totally disregarded the safety of their son by starting a fire in his bedroom. The end result of the trial in this case was that the jury awarded the man’s family $700,000 for his wrongful death. The four all pled guilty to involuntary manslaughter; a move that netted them a plea bargain that gave them probation and six months in jail.
This was a totally devastating case for the dead young man’s family. They thought he was safe with his friends. Little did they know that when the alcohol prevailed and overrode common sense, that their son would lose his life. What the four boys did was negligent, reckless and ultimately fatal. The presence of negligence is required in a wrongful death case and that negligence must be the proximate or direct cause of the death. In this instance, it was clearly the fireworks placed under the door by the boys that led to another’s demise.
If you have been in a similar situation or involved in another scenario where you lost someone you loved because of the actions of another, it is best to seek an Arkansas injury lawyer right away. Wrongful death lawsuits are civil, not criminal, cases and they are also subject to the Statute of Limitations, meaning you only have a certain amount of time to file suit or lose your chance. Just remember that every state has different wrongful death provisions and you will need to speak to a skilled Arkansas injury lawyer to find out what applies in your case.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Wrongful Death Case Compensation Complicated
Calculating the economic loss resulting from a wrongful death is tough. Many times the loss has to be reduced to today’s dollar values.
Most wrongful death claims are as a result of accidents; accidents that include car crashes, truck collisions, motorcycle accidents, exposure to toxic chemicals, as the result of a defective product or due to medical malpractice. In cases like this, the key here is that the death was caused by someone else and that negligence is usually a factor.
“The person who brings a wrongful death lawsuit is usually the spouse, children or parents of the deceased and they are often referred to as distributees in cases like this. Also, wrongful death is a type of personal injury claim and you would file the lawsuit against the people responsible for the death,” outlined Michael G. Smith, an Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas.
Wrongful death cases require the services of an experienced attorney so the family is able to get fair and just compensation for things like, pain and suffering, funeral costs, loss of wages, medical expenses, loss of companionship and consortium, etc. “There may even be a valid claim for loss of inheritance. Since each state has a slightly different wrongful death statute, you’d need to ask your attorney about what the rules are in your state,” Smith remarked.
In the alternative, there may be another option to consider; a survival action. This is when the family asks for additional compensation for the pain and suffering of the deceased. Typically though, those left behind must have lost money as a result of their family member’s death in order to file a wrongful death action.
“Calculating the financial loss for the death of a family member is no easy task, and the process usually starts with your attorney trying to negotiate a settlement. If there’s no dice that route, we’d go to court and let the jury and judge decide the matter,” observed Smith. The factors they would consider include the percentage of liability the defendant had for the wrongful death, the age of the deceased and other things like if the person didn’t have a job.
Liability isn’t always black and white which means that if the death was caused by someone’s negligence, how much could the person responsible have known about the risks involved in their actions? “This is sometimes a very tough question to resolve and there have been cases where a court decided the one responsible couldn’t have anticipated the outcome of their actions. In addition, the case may show the deceased was negligent themselves and contributed to the accident,” added Smith.
The bottom line when it comes to an award is that it may also be converted into today’s dollar amount; meaning while the jury award may be substantial, it may end up being reduced when it is converted. “This point, and a variety of other things, are crucial to know if you are about to file a wrongful death suit. Call me and I can outline the process,” offered Smith.
Learn more by visiting http://www.Arkansaslawhelp.com
Man Dies Wrongful Death in Hospital Misdiagnosis
People go to hospital to get better. They don’t expect to die due to a misdiagnosis.
This is a case I heard about recently that points out that doctors can and do make mistakes when it comes to diagnosing patients. Something this man’s family found out the hard way when they lost their husband, father, grandfather and brother.
Here is the disturbing story. Mr. Sims (names have been changed to protect the victim’s identity) went to a local hospital in Seattle to have surgery to remove a noncancerous mass. Three days later, he died as a result of peritonitis that was misdiagnosed after his surgery. His family was worried sick about him, as he kept complaining about severe pain and thirst after the operation. He died an agonizing death.
The family filed a wrongful death lawsuit based on the fact that the man’s physicians failed to diagnose and treat the well-known signs of peritonitis. Evidently the doctors who treated him have credentials to practice at the hospital, but are not employed by the hospital.
This will be a contentious case based on what we know so far. There is certainly some indication of negligence on the part of the surgeons and the hospital staff. The difficulty will be proving it; something that will more than likely need to be done with the assistance of expert witnesses. In addition, medical malpractice lawsuits are often time consuming and expensive cases that even if an award is handed out, it may be capped – an injustice to the grieving family and an insult to the deceased who died in severe pain.
Generally speaking, if a person is killed due to the wrongful conduct of another, his heirs have the right to file a wrongful death action. This is an area of tort law that is governed by statute. While each state has a wrongful death statute, it tends to be different for every state. You need to check with your attorney to find out what applies in your state. What you need to know upfront is that most of the statutes cover who may sue and what limits there may be to an award (capping).
Of interest is that wrongful death statutes were originally created to allow financial support for widows and orphans, with the underlying purpose to encourage people to prevent injuries. You need to understand that a wrongful death action is not a criminal action and that you may file both types of actions – criminal and civil. Put another way, if someone was tried and found not guilty of murder, the family of the deceased may still sue for wrongful death.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas. Learn more by visiting Arkansaslawhelp.com
Taser Wrongful Deaths
There seems to have been a spate of wrongful death actions lately filed in relation to the use of tasers by the police.
While tasers may have their place in law enforcement, there is a burning question about the number of deaths resulting from the use of this weapon on suspects. Just recently a man involved in a traffic stop, who bolted when he saw police, died as a result of the use of a taser to disable him to arrest him. The autopsy reports are expected to show that the taser played a part in his demise.
This is just one more death in a long laundry list of them that hit the media over the use of tasers instead of talking to arrest suspects. Has the company that makes tasers been taken to court in a wrongful death action? Indeed it has and in most cases, it was not found liable. However, that all changed one day in September 2008, when Taser International was deemed partially liable in a wrongful death lawsuit.
Interestingly enough, until September 2008, Taser International had won 45 wrongful death or injury cases. In that landmark court case, it lost a $6 million wrongful death suit. The door swung open that day on the issue of their liability in the future for taser deaths.
Granted the court’s findings in that case apportioned liability to the deceased plaintiff and the company as being 85% to 15%, but the decision had an even greater ripple effect. It saw Taser International stocks plummet.
The facts are that if the company is found liable for damages done after tasing a suspect, they could lose their shirts. It doesn’t matter if the suspect may have had heart damage, the fact remains that if police are chasing a criminal, they aren’t going to stop and ask if the person has a heart condition.
Families faced with the death of a loved one due to the possible questionable use of a taser need to consult with a highly skilled wrongful death attorney to determine their path to justice for that death. It’s not just the police force that may wind up being cited as defendants in such a case.
Often the maker of the product that caused the serious injury or death is joined in this kind of a lawsuit. Keep in mind that wrongful death suits are “not” criminal cases and do not go through the criminal courts. A wrongful death case is conducted in civil court and the standards of proof are different. This makes it essential to discuss the case in detail with an expert wrongful death attorney.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
Distressing Wrongful Death Suits
Many people do not have a good idea of what the concept of wrongful death means. “In 25 words or less, it means a death due to the recklessness, negligence or inaction of another person/organization,” explained Arkansas super lawyer Michael G. Smith of Little Rock.
Statistically speaking, the usual cause of a wrongful death seems to be laid directly at the door of medical malpractice. However, if the statistics are broken down further, what they reveal is that the other leading causes of wrongful death are accidents in the workplace, car crashes and deaths due to defective products.
One thing to remember is that a wrongful death action is not a criminal case; it is settled in a civil court. This isn’t to say, however, that there may not be a prior criminal case as well, that was settled first. The people who are allowed to file wrongful death personal injury lawsuits are immediate family members. In most instances, the definition of immediate family member would include a spouse, children or parents. Minors need an adult guardian to act on their behalf.
The other thing the somewhat distinguishes a wrongful death suit from a criminal case is the damages being sought. Compensation in these cases is usually awarded for emotional distress, loss of income/inheritance, medical costs, funeral expenses, lost benefits and loss of companionship.
Every state has its own wrongful death statute and in general they all follow the same principle – of suing for compensation for a wrongful death; however, that is where the similarities end. Each state has it’s own unique approach to their statute and the only way you will know what your state requires to file a wrongful death lawsuit is to speak to a highly qualified attorney such as Little Rock personal injury lawyer Michael G. Smith.
Be aware that there are statutes of limitations that apply to filing wrongful death lawsuits in a timely manner. Do not wait or the deadline may be missed. This is why contacting a competent wrongful death attorney like Smith is one of the first things that should be done in the case of a wrongful death. “In many instances family members have between one and three years to file from the time of the victim’s death,” added Smith.
Once an attorney has been contacted, it is their job to prove the defendant caused the wrongful death due to their actions or inaction. This isn’t the only thing the lawyer needs to prove. S/he must also convince the court that the family is suffering and require adequate compensation for the death.
Contact Arkansas super lawyer Michael G. Smith of Little Rock if there has been a wrongful death in the family. Smith is an attorney with a reputation for being able to handle this kind of emotional upheaval with compassion and sensitivity.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
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