Articles Posted in Wrongful Death

Wrongful Death Lawsuits and Who Can FileWrongful death lawsuits are filed by one or more plaintiffs against one or more parties who have caused another’s death through intentional harm or negligence. Wrongful death lawsuits allow the deceased individual’s estate to file a claim for compensation against every individual or entity legally liable for their demise. Most suits are filed by an estate representative on behalf of all surviving family members or any other party directly affected by the death.

Applicable Wrongful Death Claims

Most claims for wrongful death are applicable when the victim would otherwise have the legal right to file a personal injury claim had they survived the intentional harmful act or negligence caused by the defendant or defendants. Eligibility for a wrongful death lawsuit usually requires the involvement of certain situations that could include:

Alcohol can be Harmful in Boating The Sheriff’s office in St. Clair County, Michigan has taken a 32-year-old man into custody after he allegedly ran his 25-foot Baja boat into a cabin cruiser. The collision occurred Sunday at 6:45 PM on August 3, 2014, killing two passengers and injuring another, all out enjoying a day on the water off Harsen’s Island.

The two passengers killed in the boating accident include Nancy Axford, a 68-year-old from Winnipeg, Manitoba and a 57-year-old resident of Chesterfield Township Robert Koontz.

Alcohol and Excessive Speed

Truck Safety Regulations ignoredAfter Trooper James Sauter was killed March 28, 2013, his widow had to deal with the sudden loss of her husband. What might be even more infuriating to Elizabeth Sauter is the fact that her husband died because a truck driver from Wisconsin allegedly fell asleep while driving his semi-trailer truck. It was near the end of last year that Elizabeth Sauter decided to file a wrongful death lawsuit. She filed suit against not only the driver himself, but also the companies that the driver was working for that particular day.

The suit is against Suddath Relocation Systems of Minnesota and Milwaukee, Unigroup Inc., United Van Lines LLC, and Andrew Bokelman (the driver at the time). Bokelman himself is already facing criminal charges in Cook County because he violated federal safety laws that are in place to ensure that tired truck drivers do not continue on the road.

According to the prosecution, Bokelman dozed off behind the wheel of his semi near the Glenview Tri-State Tollway at approximately 11 pm, this after working a 12-hour shift. According to the records from the Federal Motor Carrier Safety Administration, both United Van Lines and Bokelman received a fine for breaking a federal rule that mandates that drivers do not drive for more than 14 hours without getting a minimum of 10 hours of rest. United Van Lines received a fine of $5,500 while Bokelman (who works for Barrett Moving and Storage, an agent for United Van Lines) received a fine for $2,500.

Demolition kills workerA work site accident in the north suburbs of Chicago killed Patrick O’Reilly – a Palos Park native – on December 26 at the Vernon Hills’ Westfield Hawthorn Mall. O’Reilly was killed at a demolition site when a piece of falling concrete struck him as part of a wall collapsed. The accident occurred around 11 pm as the work crew knocked down an exterior wall of a former restaurant.

While construction workers were removing an outer layer of brick, they were hit from concrete pieces that came from the top of the wall. O’Reilly was not the only person who suffered injuries, the concrete pieces hit three workers. As the concrete rubble covered the three workers, coworkers rushed to clear the concrete off their colleagues.

While it only took three minutes before Countryside Fire Protection District ambulances, the debris had already been removed from the three. Shortly after arrival at Advocate Condell Medical Center in Libertyville, Patrick died from crushing trauma. One worker was treated for minor injuries while the third worker did not even go to the hospital.

Construction Workers at Risk Doing RoadworkWorker Dies Trapped in a Recycling Machine

In a recent case, a construction worker’s life was taken after he became caught under a pavement recycling machine. The employee was working in the Englewood neighborhood on the South Side when the tragedy occurred. Martin Marino, 48, was found dead at the scene of the accident.

Mr. Marino became trapped under the machine at 12:45 p.m. on September 12, 2013, and workers were unable to release his body from below the machine until 2:30 p.m. on that same day. Mr. Marino worked as a contractor for Peoples Gas and also worked as an employee for a paving company in the area.

Chicago Safe Bike RidingBike Injury and Death Statistics in Chicago

In Chicago, there is a growing trend for people to choose bike riding as an alternative form of transportation to the use of vehicles. As gas prices increase, commuters are finding the low cost of using bicycles much more attractive than the use of cars for getting around the city. In addition to saving money on gasoline, commuters also enjoy excellent health benefits when they choose bike riding to travel to work.

Unfortunately, bike riding in Chicago continues to be a risky and dangerous activity for commuters for numerous reasons. There are still Chicago bike fatalities that occur every year. Over one thousand people suffer from Chicago bicycle injuries every year. Despite the existence of biking regulations in the city, there are many car drivers who do not respect the space of bike riders in side lanes. Some bike riders also pose a danger to other riders and drivers on the road due to distracted bike riding that involves listening to music.

Crosswalk Accidents are Dangerous and CommonA recent truck accident has left the University of Illinois community mourning for the loss of music student Mimi Liu, 20. Mimi Liu was a student at the Merit School of Music, where she studied piano. She was a talented musician and remembered as a diligent music student. A swerving truck hit her as she walked on the sidewalk with two friends on campus, and the impact of the collision caused her death. The truck driver claimed that he was suffering from diabetic shock at the time of the accident.

After the accident occurred, authorities were called to the scene to investigate the circumstances behind it. Urbana, Illinois police are continuing to investigate the accident. Since the accident, Urbana police have issued a ticket to Willie Craft Sr., the truck driver, for improper lane usage and driving without auto insurance.Mimi Liu was a very involved student at the University of Illinois, where she was also part of the Chinese Fine Arts Society. She also received many awards for her musical performances as part of the organization.
The two other students who were walking with her at the time of the accident were not seriously injured after the accident, but one of the students is still hospitalized and receiving treatment.In this case, it is unclear whether there was any negligence involved on the part of the truck driver. A further investigation may show that there were extenuating circumstances that reveal that the driver may have been negligent at the time of the accident. Other factors that may have an impact in causing a trucking accident may be fatigue or speeding on the road. Truck drivers may not follow federal regulations that require them to only drive for eight hours at a time, and this may cause drivers to swerve and lose control of the steering wheel.In other cases, a truck driver may simply choose not to abide by local traffic laws. Failing to stop at a stop sign or yield to pedestrians are actions that can have a major impact on the lives of pedestrians.

fatality at druck loading dockLoading docks are often hazardous areas, however a recent death of a postal worker as he walked across his workplace parking lot has spurred debate on safety measures. There seems to be large gaps in workplace safety at the Minnesota postal facility that are no doubt also issues in other similar workplaces all over the country. Providing a safe work environment should include safe passage from an employee’s vehicle to the entrance of their building and should never involve walking through a loading dock back-up zone.

Widow Hopes Her Husband’s Tragic Death Will Bring Change

On June 18, 2013, Leo Brandt parked his motorcycle in the Brooklyn Center, MN post office parking lot and headed in to begin the day. While crossing the parking lot, which is also used for mail trucks to enter and back into the loading dock area, Leo was struck by a mail truck backing up and killed from the injuries. Employees routinely have had in the past to dodge trucks in this parking lot, making it a hazardous area.

Lawsuit Filed Against Bus Operator With Poor Safety RecordHiring an experienced bus accident attorney is the last thing a bus company wants the families to do when a loved one has died in a fatal crash while riding one of their buses. In fact, bus companies will do whatever is necessary to convince family members of deceased victims to accept a quick settlement.

However, this effort by the bus company is usually a “low ball” offer, and not the true value of the case, based on the injuries and damages involved. The bus company recognizes that if the victim hires an attorney and takes the case to trial it could cost them substantially more. However, victims suffering injuries or have died because of the negligent actions of the bus company and/or the driver are entitled to receive fair compensation for their injuries, pain, suffering and damages (view our bus accident page here). The families of deceased victims are entitled to recompense for their loss.

Every year, bus accident victims or their families hire attorneys to achieve a larger verdict or a higher amount through an out-of-court settlement. Rosenfeld Injury Lawyers LLC have represented bus accident clients. These reputable attorneys have a comprehensive understanding of the devastating financial and physical consequences that a bus accident caused their clients and family.

Truck Driver Believed To Have Fallen Asleep Before Fatal CrashIn Chicago, a professional driver driving a semi-truck fell asleep just prior to slamming into a squad car and killing the Illinois state trooper within.

A Horrific Semi-Truck Accident

A 25-year-old truck driver who had been driving for an extended period fell asleep at the wheel. The semi-truck veered onto the left shoulder where an Illinois state trooper was parked. The truck slammed into the squad card, the squad car erupted in flames and the trooper died before help could arrive.