Articles Posted in Wrongful Death

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The Deepwater Horizon Oilrig explosion and subsequent oil spill devastated many families, lives, and coastlines. The man made devastation was incalculable. A New York Injury Lawyer has learned that the widow of one of the 20 crewmen that was killed by the explosion has settled her lawsuit with BP. As a result of the settlement, the presiding U.S. District Judge agreed to dismiss the suit.

While the exact terms of the settlement were not disclosed, her lawsuit against the BP partners that were named as a part of the suit was also dismissed. It appears that the only party involved in the disaster that was not named in her suit was Transocean, who was the owner of the rig.

This lawsuit is but one of the more than 350 lawsuits that have been filed against BP, Transocean, and the many companies and contractors that were part of the oil-drilling project, sources told a NYC Personal Injury Lawyer. Each of these are from parties who claim to have been injured and/or suffered economic loss due to either the explosion itself, or due to the resulting oil spill that affected so many beachfronts and communities.

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The worst oil spill in U.S. history was set off last year by the Deepwater Horizon disaster which claimed 11 men at sea. The tragedy exposed several weaknesses, including severely outdated limited liability laws that have protected the very players who should be claiming responsibility, according to a Brooklyn Personal Injury Lawyer.

Because the wrongful death of the 11 men occurred offshore, the corporations and its contractors were shielded by maritime laws of limited liability. According to these laws, the companies can only be sued for future wages, minus taxes and expected living expenses – not for pain and suffering and other damages commonly sued for in the case of fatal onshore activities.

Congress has been called upon to raise or completely lift the limit; it wasn’t long before Congressmen and women were being chastised for their inactivity in the affair. One champion of the victims’ families stated, “It hasn’t been changed in 20 years. It really shows you how inadequate it is. You’re in a situation where either taxpayers end up footing the bill, or injured parties do, which seems fundamentally unfair.”

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A New York Injury Lawyer reports that a state appeals court recently reinstated a woman’s lawsuit. The wrongful death suit was in connection to a man she had considered to be her husband for four years, but who was not divorced from his previous wife before their wedding day. The plaintiff was completely unaware of this when she began seeking for compensation for her husband’s injuries and death.

The Sixth District Court of Appeal ended up ruling that someone who “believed in good faith” that he or she was legally married is, indeed, entitled to marital rights – including filing a wrongful deathsuit. This ruling opposes more than 20 years of rulings in the cases of “putative spouses.”

A putative spouse is one who mistakenly believes he or she is married, explained a New York Injury Lawyer. California courts have recognized the rights of such spouses for more than a century. State legislation affirmed those same rights in 1969.

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A high school youth was struck and killed on a rainy night by a 20-year-old woman about a year ago. That woman plead guilty to a car accident involving wrongful death and was sentenced to one to five years in prison, the minimum mandatory sentence for a felony charge.

The defendant is eligible for the work release program offered at the Montgomery County Prison where she is to serve. She also agreed to pay $500 to the scholarship fund set up in the victim’s name. The judge did point out that such a pledge was not legally binding.

The 17-year-old victim walked in front of the woman’s car and died because of injuries sustained at impact, according to a witness. The defendant was not impaired by either drugs or alcohol, but she ‘panicked’ after hitting the girl and kept driving. Her car was stopped less than three miles away where she admitted her involvement.

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A woman was struck by a patrol cruiser as she walked home one rainy night in April. She died soon after from her injuries. As she walked home in the rain, the 63-year-old office worker was hit by a police car at 10:41 p.m. on a Saturday night.

She was taken to the hospital, but it was already too late – she was pronounced dead at 11:25 p.m. She was almost home – just a few blocks away, when the accident occurred, likely caused in part by the stormy weather which had been prevalent during that time.

The officer, from the suffered some minor bruises to his knees and also went to the hospital, but was later released. When he hit the woman, he was on patrol. His identity has not been released by Nassau police, and the investigation is still ongoing.

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A family has filed a $120-million personal injurylawsuit against an officer who allegedly killed a Pace University football player in the course of a late-night bar fight.

The 20-year-old student was allegedly shot by two officers as they removed a crowd of people, mostly Pace students, from a Mount Pleasant bar in the fall of 2010.

Prosecutors did not file charges against the two officers who shot the young man, claiming there wasn’t sufficient evidence to show they’d done anything wrong, sources told The public. The student’s family filed a wrongful-death lawsuit in federal court against the officer who fired the fatal shot.

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A Queenboro off-ramp has been a big factor, if not the ultimate cause, in the death of a second person in a two-week time period. A mother of two who crashed due to a dangerous off-ramp died in the hospital, according to sources.

The 40-year-old woman happens to be the second death caused by crashes from the off-ramp. The last fatal car accident in the exact same location occurred only a week before. In the previous accident, one with very similar circumstances, a car lost control coming off of the ramp and hit a pedestrian, killing that person instantly.

“They should definitely fix that bridge exit. I think she would be alive today if they would have fixed it,” a sister-in-law of the victim said. The victim was survived by a husband and two teenage boys.

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The power of a large cruise ship was knocked out after one of the six generators caught fire a couple weekends ago. Nearly 750 passengers and crew members were forced to evacuate the vessel off the coast of Mexico. The 522 passengers and 226 crew members were evacuated by catamaran and brought to the port of Huatulco on Mexico’s West Coast.

A company executive was quoted as saying it was a “small, small fire.” The fire was quickly controlled and power was restored several hours later. No injuries were reported. However, many passengers upon reboarding were said to have spent the night on deck because of air conditioning malfunctions.

This accident happened just five months after another passenger ship was left dead in the water after a fire stalled it off the Mexican coast. In that mishap, more than 3,000 passengers were left adrift in the vessel.

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Carlos Castro, the Portuguese celebrity journalist who was found murdered and mutilated in his Times Square in New York City hotel room told friends that he was being threatened by his handsome companion just days before the murder, police said.

Castro, age 65, who was a prominent gay activist and a society columnist, was beaten to death, and had his scrotum severed with a broken wine bottle during a fight with his former lover. Renato Seabra, the 20-year old suspected murderer was discovered hours after the brawl at Roosevelt Hospital, sporting wounds that may have been from a suicide attempt. He is now in police custody at Bellevue Hospital psychiatric ward, according to a source.

Investigators have stated that they believe Seabra, who is a former Portuguese reality-show contestant, was stringing Castro along. They also believe he attacked Castro when he wouldn’t buy Seabra bigger gifts. Seabra had told friends back home that he wasn’t gay; he was merely using Castro as a route to fame and fortune.

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A man convicted of killing an 8-year old girl and seriously maiming her father died in prison recently, but monies from his estate may still be used to pay bodily injury, hospitalization costs and restitution to the family for harming the father and ending the life of the little girl. A NYC Injury Lawyer states that the man had just begun serving his 24-year prison sentence for recklessly killing the girl when a fellow inmate stabbed him to death with a homemade knife.

The little girl and her father were crossing the street in the crosswalk when the man hit both while riding his motorcycle. The little girl died as a result of her injuries while the father lost his leg. A new prosthetic leg may cost up to $500,000 along with hospital and physical rehabilitation costs. The man was tried and convicted of murder and sent to prison. Even though he is no longer alive, a judge has ruled that restitution must still be paid to the family using funds from the man’s estate.

So far, little of an estate has been found. The man’s mother recently filed paperwork to open a probate case to find financial documents and potential assets. The mother has also requested that she be given the motorcycle he was driving at the time of the accident so she can sell it. Any proceeds will mostly likely go to the little girl’s family. It is unclear if the man’s mother knew of any other assets the man had while he was alive.

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