...a loved one, losing a loved one to a wrongful death is even more traumatic. A wrongful death is a death that occurred due to someone's negligence or "wrongful" actions. A Wrongful death claim is legal action that is filed as a civil action against a person who is being held accountable for a death. The claim is usually filed by close family, since a dead person cannot file suit, and asserts a certain amount of negligence or wrongdoing by the person being accused (also known as the defendant). The surviving family members are considered to be beneficiaries, and are entitled to monetary damages. Originally, there was no legal recourse for surviving family members to take wrongful death cases to common law courtrooms across the United States. Over the course of time, that began to change as more and more states began passing laws to protect survivors....
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...The death of a loved one is always emotionally devastating, but it can also be financially stressful if your family relied on that person's income. Fortunately, the law gives you the right to collect financial compensation if the loss of your family member was caused by the negligence or malice of another party. According to Goicoechea, DiGrazia, Coyle, & Stanton, an accomplished law firm based in Elko, NV, wrongful death lawsuits can provide the means to minimize the disruption to the lives of survivors while holding the responsible parties accountable. In general, a wrongful death suit can be considered a type of personal injury claim. This means that any situation that could have lead to a lawsuit if the victim had survived may result in...
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...Amy and Matt Stark can allege a cause of action of wrongful birth against Loving Homes more effectively than negligence and breach of contract. Pennsylvania declared the bar on the wrongful birth statute, 42 Pa.C.S.A. § 8305 (1988), unconstitutional in 2012. Therefore, wrongful birth can be alleged as a tort in the commonwealth. To allege breach of contract, a contract stating that Loving Homes would screen for cystic fibrosis would need to be found during discovery, and to allege negligence we would need to find that they neglected to screen for CF based on the supposed contract or neglected to inform Amy and Matt about the CF gene from donor 3409’s medical history. For now we should allege all three claims in the complaint just in case there is a contract to be found if we reach the discovery period....
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...Student: Instructor: Class: Date: Should “Wrongful Birth” or “Wrongful Life” Lawsuits be Allowed? Introduction The field of biomedical science has technologically improved to make it possible for medics and the parents of the unborn child to know whether a child will be born with defects or having acquired diseases that are hereditary in nature. Through advancement of technology in the medical field and the legality associated with the practice of abortion, a new class of tort developed in the 1970s. This tort was named as the wrongful birth and wrongful life. As at now, various prenatal tests such as ultra sound and Down syndrome enable early detection of congenital ailments and disorders. This development therefore enables parents to undergo tests that determine if they are carriers of hereditary diseases that may affect the developments of their infants. For example, since the development of medical technology, women who suffered from German measles in their first twenty-eight weeks of their pregnancy were known to bear children with defects. Developments of these medical techniques deduce the likelihood of wrong and incompetent application. For example, if German measles is misdiagnosed and such testing yield false results, prospective parents who are in such a risky situation may not be warned. As such, they might not receive the warranted counseling to undergo such tests. While such negligence occurs, the possibility of giving birth to a defective child is very...
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...Personal Injury/Wrongful DeathOur highly experienced lawyers have helped many clients get the perfect settlement for their personal injury or wrongful death cases. We dedicate ourselves to helping you push for the best settlement without going to a federal court. Our exemplary negotiation skills and success records give us a greater bargaining power that translates to fair and fast compensation. You can always count on us to escalateyour personal injury or wrongful death case to a state or federal court in case the other party doesn’t comply with our proposed settlement.We deal in a wide range of personal injury cases. Our expert attorneys will always know how to answer your questions and make a strong presentation of your case. We work on...
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...of Negligence According to its meaning, personal injury law requires any injury that is the main consequence of a different person’s failure to take sound care. How much due care is most frequently assessed on a claim by claim basis? Whenever there is anything of such that the victim who brought the injury was negligent in their way, then a case of personal injury may be filed against them. When the injury was critical to extreme degree that it contributed to the persons’ death, in that case the defendant will have to deal with a wrongful death court case. Whenever you have missed a loved one as a consequence of the negligence of a different person, make contact with a personal injury lawyer right...
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...Keong Min Oh Conflict of Laws Prof. Perez Lilienthal v. Kaufman Majority First restatement Opinion: The First restatement is heavily focused on vested rights theory. The case at bar deals with the collection of unpaid two promissory notes. The right in this case was vested at particular forum where the place of making was. The contract to buy binoculars was executed and formed in California. “The defendant went to San Francisco to ask the plaintiff, a California resident, for money for the defendant’s venture. The money was loaned to defendant in San Francisco, and by the terms of the note, it was to be repaid to plaintiff in San Francisco.” Lilienthal v. Kaufman, P.2d 543 (Or. 1964). Since the defendant and plaintiff agreed for the contract to be formed was based in California, California law is to be applied in this case, thus allowing the plaintiff to recover. Dissent: Although vested rights theory allows the plaintiff to recover under California law, the first restatement of conflict of laws provides three escapes when the outcome is not preferred. The particular theory relevant in this case is “public policy” escape. Oregon’s public policy is shown on its legislative history. Oregon has a strong policy protecting innocent persons from fraud. The defendant in this case was a spendthrift who is placed under the guardianship. The defendant was aware of the fact that if his control of the funds was under the guardian’s authority. The defendant did not place...
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...Wrongful custodial deaths and suicides that occur while in custody. A custodian death is when a person dies in the prison facility or the custody of police officer and some other authorities. Custodial deaths remain an argumentative question, with authorities often being accused of racism, abuse, and cover-ups of the manners and causes of deaths. A Wrongful custodial death usually results in the civil lawsuits by the estate. “A lawsuit filed a wrongful custodial death will allege that the agency as a whole was intentional, a grossly negligent, or deliberately indifferent to the needs of the deceased” (Ross 2013 pg. 390). The Wrongful custodial deaths lawsuit normally assert that the department’s rule, custom, and procedure were the immediate...
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...felt in the Gulf of Mexico region for years, if not decades. In the months after the Deepwater Horizon drilling rig exploded off the coast of Louisiana in April 2010, it's estimated that almost five million barrels of oil gushed from the seabed and into the Gulf, making it the worst oil spill in history. Now that the flow of oil has stopped, the scope of the catastrophe is coming into focus, and attention is turning to how things will play out in the court system. This article looks at some of the legal issues raised by the BP oil spill, including legal options for businesses and individuals looking to get back on their financial feet after the oil spill. (For in-depth information on filing a claim with BP's $20 billion compensation fund, see Nolo's article BP Oil Spill: Filing a Claim With BP's Compensation Fund.) The BP Oil Spill: Types of Lawsuits The BP oil spill has already prompted the filing of thousands of lawsuits. Businesses and workers have seen their livelihoods suffer or even disappear in Louisiana, Mississippi, Alabama, Florida, and Texas. Families and individuals in the Gulf region worry about the health hazards posed by the chemicals used to disperse and clean up the oil. And, with its dubious distinction as the largest environmental disaster in U.S. history, the BP oil spill has inflicted immeasurable devastation on the Gulf's coastline, wetlands, wildlife, and ecosystems. Here's a look at the different kinds of lawsuits being filed over the BP oil spill (with...
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...The Feres Doctrine was conceived as the result of the US Supreme Court’s decision in Feres v United States in 1950. The case involved the executor of Feres who charged that the US was negligent in housing a soldier in a barrack who had a defective heating system that was widely known to be unsafe. The said soldier then died when his barracks caught fire due to the defective heating system. The US Supreme Court decided that the federal government could not be held liable under the statute known as the Federal Tort Claims Act. The said statute allows people intentionally or negligently wronged by a government employee while on active duty to sue the government for their injuries. Claims against the federal government by members of the armed forces for injuries arising from...
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...rules of pleading – they specify the kinds of party and claim structures that are permitted in litigation in federal court. However, these rules don’t purport to control the subject matter jurisdiction of the federal courts – just because these rules permit a plaintiff to bring two different claims against a defendant does not tell us anything about whether there is federal jurisdiction over either or both claims in the case. -FRCP 18: Joinder of Claims -permits a plaintiff to bring more than one claim against a defendant – governs the joinder of claims, not parties -without FRCP 18, plaintiff wouldn’t be permitted to do this – under common law rules of procedure (prior to adoption of FRCP), such simple things as bringing two claims against one defendant were difficult if not impossible to do -Example: Counterclaims, FRCP 13 -allows a defendant, who has been sued by the plaintiff, to assert a claim for relief against the plaintiff -a counterclaim is not a defense (“I didn’t do it”) but a claim for relief in its own right (“you owe me money for negligently injuring me”) -when a defendant asserts a counterclaim against the plaintiff, we now have at least two claims in the case – one by the plaintiff against the defendant, and one by the defendant against the plaintiff -Example: “third party claims,”/”impleader claims,” FRCP 14 -Standard lawsuit: A v. B -FRCP 14 permits the defendant B to assert a claim against a new party, making it A v. B v. C. In this case...
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...Facts of the Case Around July 21, 2002 Plaintiffs were parents who were in a car accident while carrying their unborn child, by the defendant who was intoxicated after leaving a bar that was owned by defendant landlord. The parents proceeded to sue defendants for personal injury and wrongful death. The owner of the bar and landlord both lead to dismiss the wrongful death and the landlord dismissed all of the counts against it as well. When D drove his pickup truck, Madruga drove out of his lane and at a high speed ended up hitting the car of the couple P, Luc and Chin, killing their unborn child in her. Due to the impact of the hit of the pickup truck to their car, as Luc was about to get out of the car. Cause of Action P, Luc and Mic Chunh...
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...In the Hayes v. Oakridge Home case, a 95 year old lady sign a document in which she agreed to arbitrate any claims against Oakridge Home. In signing these agreements, Hayes gave up her right to any kind of trial, and her right to receive punitive damages and attorney fees. Hayes fell while she was a resident at Oakridge and she filed suit in Common Pleas Court in Cleveland against Oakridge for negligence and/or recklessness in caring for her. The trial court agreed with the nursing home that the proceedings could not be brought in court because of the arbitration agreement. Hayes appealed this decision, on the grounds that the agreement was unethical. The case went to the court of appeals where they reversed the decision of the trial, holding that the arbitration agreement was unconscionable due to the resident's age and because it required the resident to waive various rights. The case then proceeded to the Ohio Supreme Court where it was determined that the agreement was...
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...The Death of Brittany Murphy: Natural Causes or Toxic Mold On the morning of December 20, 2009, the world lost a very respectable and talented actress. At about 8:00 a.m. that morning the Los Angeles Fire Department responded to a medical request at the home of Brittany Murphy and her husband Simon Monjack in Los Angeles. She collapsed in her bathroom where her mother was holding her in her arms and urged Simon to call 911. She was then taken to Cedars-Sinai Medical Center where she was pronounced dead at 10:04 a.m. after going into cardiac arrest. Murphy’s primary cause of death was said to be pneumonia with anemia and drugs as contributing factors by the L.A Coroner’s office. Britney Murphy was a well-known American actress who starred in a number of different films from Clueless, Happy Feet, Just Married, Uptown Girls, and 8 Mile just to name a few. She was always known for her charismatic and bubbly personality. She starred in films where she could play a comedic role and in other films where she played a dramatic role. She had many talents besides acting such as singing and dancing as Penny Marshall said, “who directed her in Riding in Cars With Boys: “Her timing was impeccable. She could be funny. She could be dramatic. She was a terrific actress (Block).” According to an article written on People magazine online, titled Britney Murphy Died of Drug Intoxication and Pneumonia, by Ken Lee, he stated that, “Brittany Murphy died from multiple drug intoxication, pneumonia...
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...The aim of this investigation was to examine the psychological factors contributing to the wrongful conviction of Martin Conmey. Comney was found guilty of the manslaughter of Úna Lynskey in Ireland in 1972 but has asserted that the police coerced him into his confession. An analysis of the interviewing techniques used by police in different countries may illuminate how wrongful convictions occur. Due to the interrogative nature of the US police-interviewing system, there is no safeguard against the occurrence of false confessions during investigations. Studies indicate that the US police-interviewing strategy, the Reid Technique, is psychologically manipulative, aiming to weaken the suspect’s ability to make decisions and retain successful...
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