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Two Caps in Maryland Wrongful Death Cases: New Appellate Opinion – Maryland Injury Lawyer Blog (blog)

We frequently get letters and phone calls from prisoners. It is hard not to discount these cases. It is not just the “People in Jail Are Less Likely to Be Credible” problem. It is also the “People Who Have Tons of Time on Their Hands Tend Chase Windmills” problem that is demonstrated by the 10 page letters that incarcerated people send to lawyers setting forth their grievances.
Of course, this bias leads lawyers to miss a lot of cases that are both lucrative and serve the interests of justice – Because we criminally mistreat our prisoners. But, because you have to kiss so many frogs to find a princess with prisoners, most lawyers just ignore the cases. We are probably guilty as charged on this one.
In fact, the only kind of prisoner cases we have taken are cases where prisoners working on a road crew were hit by a prison owned or, better yet, a third party vehicle. Those are the facts of Goss v. Jennings, a “pedestrian” wrongful death case decided by the Maryland Court of Special Appeals last week.
While working on a litter pickup detail on the Capital Beltway (I-495) in Landover in Prince George’s County, a man was struck and killed by a dump truck. Plaintiffs filed a wrongful death/survival action against the driver, the Department of Corrections, and the Maryland State Highway Administration. The jury then returned a verdict against both the dump truck driver and the state of $ 2,025,000: $ 350,000 for the survival action and $ 1.675 million for the wrongful death action. Pursuant to the cap on non-economic damages, the trial court reduced the wrongful death awards to 150% of the [...]

By |September 18th, 2012|News|Comments Off on Two Caps in Maryland Wrongful Death Cases: New Appellate Opinion – Maryland Injury Lawyer Blog (blog)|

California Wrongful Death Cases – Accident Injury Lawyer (blog)

It amazes me the extent to which every state has very different law on survival action and wrongful death cases. I remember the first time I had a case in West Virginia back when I was defending pharmaceutical companies. The basis for damages in a survival action and a wrongful death claim were pretty much the exact opposite of how it works in Maryland. Today, we turn to Mike Ehline, a California lawyer who handles a lot of these claims, to give some thoughts on the nuances of wrongful death in his jurisdiction. It is Mike’s ball from here.
When a person is fatally injured due to the careless, reckless, negligent or intentional actions of another person, entity, employer or manufacturer, this is called, in California as in most other states, a wrongful death. This is a statutory claim alleging that a fatality occured due to a wrongful act or negligence, it is important to consult an law firm that focuses on this area of the law and has the resources to prepare a wrongful death claim.
Time can be crucial in any legal action, to preserve evidence and interview witnesses, which are important factors in a negligent fatal accident. Investigating and preserving evidence will involve investigators, accident reconstruction experts and medical experts, who are able to evaluate the evidence collected, as well as the cause of the death. So if you think you might have a claim, you should retain counsel as soon as practicable.

Statutes in Wrongful Death Claims
Statutes in this type of claim originally did not exist in laws, until state legislators determine that the current law that a legal claim died with the victim, was not fair to the family. [...]

By |September 2nd, 2012|News|Comments Off on California Wrongful Death Cases – Accident Injury Lawyer (blog)|