Brain Injury Attorney Blog

Wronful death lawyers argued last week that a wrongful death lawsuit filed on behalf of Arturo Gatti’s daughter is a blatant attempt to capitalize on the late boxer’s fame and reputation in New Jersey and should be dismissed and instead moved to Brazil, where he died. Erika Rivera, mother of Sofia Bella Gatti, filed a wrongful death suit last fall against Gatti’s widow, Amanda Rodrigues-Gatti. The lawsuit was charging she was responsible for Gatti’s death in Brazil in 2009. Authorities in Brazil concluded Gatti died by suicide after first suspecting and detaining Rodrigues-Gatti.

In state Superior Court in New Brunswick on Friday, Rodrigues Gatti’s attorneys claimed Rivera, who lives in New Jersey, brought the action in New Jersey to benefit from Gatti’s reputation there. Last month, a Canadian judge sided with Rodrigues Gatti in a battle with his family over the boxer’s $3.4 million estate. One attorney argued that a trial arising from the lawsuit should be held in Brazil because Rodrigues Gatti lives there, as do any witnesses who saw the couple on the night in question.

The Canadian judge ruled Gatti’s last will, written weeks before his death, was legitimate and awarded Rodrigues-Gatti his entire estate. Gatti’s family argued that she made his sign the will. Last week, Berman questioned why Rivera’s wrongful death claim wasn’t added to the Canadian trial instead of being filed separately.

Gatti’s body was found in July 2009 at an apartment he, his wife and their son had rented in the Brazilian seaside resort of Porto de Galihnas. Police ultimately concluded Gatti hanged himself with a handbag strap from a wooden staircase column in their apartment.

When filing a wrongful death suit, the statute of limitations must be considered. Each state has a time limit on when a person can file a wrongful death lawsuit. If you fail to file your action on time, you will be barred from ever filing it.

The types of damages that may be available to you in a wrongful death lawsuit include the following:

•Medical and funeral expenses connected to the death;
•Loss of the victim’s expected earnings between the time of the death and the expected retirement or death;
•Loss of benefits like pension plans, medical coverage, and so on;
•Loss of inheritance;
•Damages for mental anguish or pain and suffering of the survivors;
•Loss of care, protection, nurturing, and companionship of the survivors;
•Punitive Damages

If you or someone you know would like to file a wrongful death lawsuit, you will need to speak with a good wrongful death attorney in your area. Our experienced Myrtle Beach wrongful death lawyers at The Mace Firm are ready to speak with you about your case.

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Defenses to a wrongful death action include contributory negligence of either the decedent or the beneficiaries, the statute of limitations, the Tort Claims Act limitations, and charitable immunity.

Contributory negligence is a defense requiring the defendant to show the plaintiff was negligent and that the negligence was the proximate cause of the injuries. Traditionally, contributory negligence was a total defense to the cause of action; however, South Carolina has adopted comparative negligence under which the plaintiff may recover if his or her negligence is not greater than the defendant's in which case the plaintiff's recovery is reduced in proportion to his or her negligence. Punitive damages, however, are not reduced by the proportion of the plaintiff's negligence under comparative negligence. The negligence of a beneficiary affects only that beneficiary's claim.

The applicable statute of limitations is three years from the death. The tolling provisions of the statute are inapplicable to suits brought on behalf of minor beneficiaries. Because wrongful death actions are to recover damages for injury to the person, the health care provider statute of limitations is applicable to wrongful death actions.

The South Carolina Tort Claims Act waives the immunity of the State, its agencies, political subdivisions, and governmental entities from liability in tort. The Act is the exclusive and sole remedy for any tort committed by an employee of a governmental entity while acting within the scope of his or her official duty and must be liberally construed in favor of limiting the liability of the governmental entity. The Act specifically provides for wrongful death claims. It contains, however, many limitations on liability and damages which may preclude or restrict a plaintiff's cause of action. For example, the Act provides for a two year statute of limitations unless a claimant first filed a claim pursuant to the Act, in which case the limitation is three years. Where an action is against a physician or dentist, there are additional important considerations.

While common law charitable immunity was eliminated by the South Carolina Supreme Court in 1981, there is a statutory limitation on liability for charitable organizations. A charitable organization is any organization, institution, association society, or corporation which is exempt from taxation pursuant to 26U.S.C501(c)(3) or (d). A person sustaining injury or dying as a result of a tortious act of commission or omission by an employee of a charitable organization acting within the scope of his or her employment, may recover no more than the liability imposed under the Tort Claims Act for actual damages sustained. Unless it is proved that the employee acted recklessly, willfully, or in gross negligence, an action against the charitable organization is a complete bar to recovery against the employee. Where a defendant is both a governmental and charitable organization, the Tort Claims Act provides the exclusive remedy, and the action is governed by it rather than the charitable immunity statute.

Damages in a wrongful death case are not determined by the value of life lost, but by the damages suffered by the beneficiaries. The beneficiaries may recover all damages, present and prospective, which are naturally the proximate consequence of the wrongful act including: 1. pecuniary loss, 2. mental shock and suffering, 3. wounded feelings, 4. grief and sorrow, 5. loss of companionship, and 6. deprivation of the use and comfort of the intestate's society including the loss of his experience, knowledge, and judgment in managing the affairs of himself and his beneficiaries.

The plaintiff must show evidence of a pecuniary loss to recover it as an element of damages, but where there is no pecuniary loss, other damages are still recoverable. Punitive damages may be awarded in a wrongful death action.

The court has held that evidence of remarriage of a surviving spouse or separation prior to death and subsequent remarriage are inadmissible on the issue of damages. By statute, damages to parents of a deceased child may be denied or limited where it is determined that a parent failed to reasonably provide support for the decedent and did not otherwise provide for the child's needs during his or her minority.

If someone you know has had their life wrongfully taken from them, please contact one of our South Carolina wrongful death lawers at The Mace Firm to schedule a free consultation. Our wrongful death attorneys are here to help walk you through the process of recovering from the negligence of others.

Continue reading "Defenses and Damages in a Wrongful Death Case" »

Wrongful death is a tort action governed by statute. At common law the liability and cause of action for wrongful killing died with the injured person, and thus only through legislation do statutorily designated beneficiaries gain a cause of action for their losses. The action is brought by the administrator of the decedent's estate on behalf of the statutory beneficiaries.

A wrongful death may be the result of an intentional tort. The cause of action might also be based on products liability or breach of warranty, although more usually it will be brought as a negligence action. In order to recover in a wrongful death action based on negligence, the plaintiff must show: 1. a duty of care owed by the defendant to the decedent; 2. a breach of that duty by a negligent act or omission; 3. damages proximately resulting from the breach.

The duty of care owed to a decedent by a defendant in a wrongful death case will be determined by the nature of the action, for example, medical malpractice; premises liablity; automobile negligence. The duty may also be based on statute. The South Carolina Supreme Court has said that in order to show a duty of care based on a statute, the plaintiff must show: 1. that the essential purpose of the statute is to protect from the kind of harm the plaintiff has suffered; 2. that he/she is a member of the class of persons the statute is intended to protect. Generally, a duty of care is that standard of conduct the law requires of an actor in order to protect others against the risk of harm from his actions. It embodies the principle that the plaintiff should not be called to suffer a harm to his person or property which is foreseeable and which can be avoided by the defendant's exercise of reasonable care.

The plaintiff must show the defendant breached the duty of care. Generally, a breach of duty exists when it is foreseeable that conduct may likely injure a person to whom a duty is owed. For example, in a medical malpractice case the plaintiff must show that the defendant departed from the recognized and generally accepted standards, practices and procedures. If the plaintiff shows a duty arising from a statute and that the defendant violated the statute, the element is met by proof of negligence per se. A violation of administrative regulation may also constitute negligence per se.

The plaintiff must show the breach of duty was the proximate cause of the injury. The South Carolina Supreme Court has said proximate cause requires proof of: 1. causation and fact and 2. legal cause. Causation in fact is proved by establishing the injury would not have occurred but for the defendant's negligence. Legal cause is proved by establishing foreseeability. Although foreseeability of some injury from an act or omission is a prerequisite to establishing proximate cause, the plaintiff need not prove that the actor should have contemplated the particular event occurred. The defendant may be held liable for anything which appears to have been a natural and probable consequence of his negligence. A plaintiff therefore proves legal cause by establishing the injury in question occurred as a natural and probable consequence of the defendant's negligence.

Unless the evidence shows reasonable persons could not disagree, the question of proximate cause is one for the jury and you will need a good wrongful death lawyer to go to court with you. Please contact The Mace Firm to schedule a consultation with one of our wrongful death attorneys.

Continue reading "Elements of a Wrongful Death Case" »

The husband of a woman who died in a Rockford train derailment in 2009 was awarded $22.5 million to settle a wrongful death lawsuit against three railroad companies, officials announced this week. Jose Tellez, 40, was with his wife Zoila and their daughter on June 19, 2009 when a Canadian National Railway Company train with 114 cars including 74 tankers filled with ethanol derailed as it travelled from Freeport to Chicago, according to a press release issued by Corboy and Demetrio, lawyers for the man. That case was settled before trial, officials said.

Zoila Tellez, 44, pf Rockford, was killed as she ran from their car while on fire from the explosions that resulted after the derailment, according to the lawyers. Jose Tellez also was badly burned as he tried to flee for safety. The family was waiting for the train to pass when 18 cars containing two million gallons of ethanol derailed nearby at a washout a few yards west of the intersection and caused the explosion and "massive fire ball" which engulfed the family's car, according to the law suit filed in Cook County Circuit Court.

In addition to the settlement for Jose Tellez, the couple's 19-year-old daughter who was in the car at the time was awarded $13.75 million for injuries she sustained. The woman was about 6 1/2 months pregnant at the time and lost the baby as a result of her injuries. Her case, which was represented by the Joseph Parente Law firm was settled during jury deliberations, officials said.

In the wrongful death suit, filed against the Canadian National Railway Company, plaintiffs alleged that it was negligent in the operation, maintenance and supervision of the train. The suit also claimed the company was negligent in the maintenance and inspection of the railroad track. Along with the Canadian company, the suit also named its subsidiary companies, the Illinois Central Railroad Company and the Chicago, Central & Pacific Railroad Company as defendants.

Applying the law can be complicated, and the best way to be sure you are protecting your rights is to consult with a wrongful death lawyer who is experienced in your state. If you feel that you have a valid claim for the wrongful death of a family member, you should consult with an experienced wrongful death attorney in your area. Hiring a good wrongful death lawyer is very important when tragedy strikes. Call one of the Myrtle Beach wrongful death lawyers at The Mace Firm for a free consultation.

Continue reading "$36 Million Settlement in Wrongful Death Suit" »

A 12 year old boy, Sam Ives, was killed by a black bear who entered the family’s campsite that was set up a mile from the Timpooneke Campground in June 2007. His parents filed the civil lawsuit against the State of Utah, the Utah Division of Wildlife Resources and others in 2008, saying they failed to warn people of a dangerous bear in the area, which had attacked other campers. The Judge ruled on the side of the state, which argued that the case should be dismissed because there is "no specific duty owed to the plaintiffs, and further, even if there were a duty, the state is immunized from suit under the 'natural condition' exception in the Governmental Immunity Act." The Judge's written decision states, "This court also concludes that a bear is a natural condition on the land and thus even assuming the state has duty, the state is immunized from suit."

Earlier this year, a federal judge awarded the family $1.95 million in damages related to this incident. In his ruling, the judge said the US Forest Service was required to warn the family that a dangerous animal was on the loose in the canyon after reports of a bear had opened coolers and slashed through a tent in the area earlier that day. The family had the potential to be awarded up to $3 million, but the judge found that the Forest Service was only 65% responsible for the boy's death.

This family likely hired an experienced wrongful death lawyer to help them get the settlement they deserve. Wrongful death lawsuits can be brought against a variety of people, such as the driver at fault in an automobile accident, a negligent employer, the manufacturer of a faulty product, or a violent criminal. However, a member of a family cannot be sued by another family member for wrongful death. So if a husband beats his wife to death, he is subject to criminal charges, but the couple’s children cannot sue their father for wrongful death to recover damages for the loss of their mother. Other cases, such as the famous civil lawsuit against OJ Simpson (following the criminal action), the family of the victim can sue if they aren’t related to the defendant. Most wrongful death lawsuits involve some kind of negligence, such as in a driving accident, work accident, bad product, or medical malpractice. These cases are similar to personal injury lawsuits for nonfatal injuries, but the damages are different.

If you or someone you know needs to talk about a wrongful death lawsuit, call one of the Myrtle Beach wrongful death attorneys at The Mace Firm for a free consultation. One of the wrongful death lawyers in Myrtle Beach will help you get the settlement you deserve.

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A Gaston County jury ruled that the estate of James Lafayette Taylor Jr. is entitled to $1.5 million after Taylor was hit and killed by a cab that belonged to Gastonia's Metro Cab in 2007. The cab driver, Rodney Charles Garrett, is partially blind and has a club foot. Police say he was walking in the middle lane and wearing dark clothes. He was also carrying a white cane to indicate he was blind. The jury found that Taylor was not negligent in the indicent. The cab, a 1997 Ford, struck Taylor shortly after 5 a.m. on June 15, 2007, as he was walking on South Marietta Street in front of the Gaston County Courthouse. He suffered a head injury when he hit the taxi's windshield, police said at the time. Taylor suffered severe brain injuries when he was hit by the cab. Taylor's head injuries lead to his death eight months after the accident.

Defendant Rodney Charles Garrett was driving for Gastonia’s Metro Cab. The wrongful death suit also named as defendants Subhan Chaudhary, owner of Metro Cab; Shaukat Ali, owner of the taxi Garrett was driving when he hit Taylor; Metro Cab; and SS Metro Enterprises LLC. The suit against the driver, car owner and cab company owner also claimed Ali allowed his car to be used by Metro Cab without a background check or assurance from Chaudhary that drivers were competent.

The police report estimated Garrett was going about 28 mph in the 35-mph zone when he hit Taylor. The cab left 40 feet of tire marks on the street before hitting him. The wrongful death lawyers said he does not believe the police report gives a full account of what happened the morning Taylor was hit by the cab. He added that the civil suit did not accuse the defendants of criminal acts, but of negligence in causing Taylor’s injuries that lead to his death.

If you or someone you know would like to talk about a wrongful death claim, it would be wise to consult with a good wrongful death attorney. Our experienced Myrtle Beach wrongful death lawyers at The Mace Firm are ready to talk to you about your claim and help you get the settlement you deserve. Call today to schedule your free consultation.

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The family of an African-American man, James Anderson, who was killed when he was beaten and run over with a truck has filed a wrongful death lawsuit against a group of teens alleged to have been present at when he was attacked. The wrongful death lawsuit was filed by the victim's family on Tuesday in Mississippi. They are seeking a jury trial and damages related to the incident. The suit alleges that 7 white teens were targeting African-Americans to harass. U.S. Department of Justice investigators are now in Jackson, investigating the death as a possible federal hate crime and assisting local prosecutors.

Anderson's death occurred on June 26 in Jackson, Mississippi. He died at the hands of white teens who, after a night of partying and drinking, decided to "go f*** with some n******," police said, quoting one of the suspects in the case. "James Anderson lost his life for no other reason than the color of his skin," said Morris Dees, chief trial counsel for the Montgomery, Alabama-based Southern Poverty Law Center, in a statement. The law center filed the suit on Anderson's family's behalf along with Mississippi wrongful death attorney Winston J. Thompson III. "Those responsible must be held accountable for their callous and deadly actions. We are filing this lawsuit today to ensure his family gets a measure of justice."

Deryl Dedmon Jr., 19, of Brandon, Mississippi, is facing capital murder charges in Anderson's death and may get the death penalty. A second teen, John Aaron Rice, 18, was initially charged with murder, but a judge reduced the charges to simple assault because Rice was not believed to be driving the vehicle used to kill Anderson. Hinds County prosecutors said they will be seeking indictments against teens for murder and a hate crime, they will also seek indictments against other teens who were at the scene. At this time, neither teen has issued a plea. According to the suit, the five other teens who took part in the attack, are: Sarah Graves, of Crystal Springs; Shelbie Richards, of Pearl; and William Kirk Montgomery, John Blaylock and Dylan Butler, all of Brandon. None of the five has been arrested or charged, and it is unclear whether they had retained attorneys.

A civil trial can proceed at the same time as a criminal case, but the civil case may be delayed pending the resolution of a criminal trial. While a criminal case is pending, a defendant in a civil case may need to invoke the Fifth Amendment. Thompson said Tuesday the civil case will be pursued in conjunction with the criminal case. If attorneys for Dedmon and Rice file a motion to stay the suit pending the outcome of a criminal trial, "then we'll take that up with the judge."

If you or someone you know would like to file a wrongful death lawsuit, contact one of the experienced Myrtle Beach wrongful death lawyers at The Mace Firm. Our wrongful death lawyers in Myrtle Beach will provide you with a free consultation to talk about your case.

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The family of Leiby Kletzky, the 8-year-old New York boy who was "terrorized, physically and psychologically assaulted and injured, and was murdered and his body dismembered, with parts of his body hidden in a refrigerator." The boy's father, Nachman Kletzky, is seeking over $100 million in damages in a wrongful death suit filed against the murderer who abducted his son as he walked home from day camp. Levi Aron admitted that he killed the boy by poisoning him with pills and smothering him with a towel before dismembering his body.

The suit claims "'The defendant’s culpable acts ... were utterly reckless, malicious, wanton, wilful and exhibited a depraved indifference to the health, safety, freedom and rights ... of Leiby Kletzky." The family is also suing Aron's father because the murder happened in his home. The wrongful death lawyer will argue that he should have known and stopped any of his son's criminal behavior. It is equally unlikely that the Kletzky’s will never receive a penny from their son’s killer, who lived on the top floor of his parents' house, but clearly the purpose of their wrongful death lawsuit is to make a statement about their loss—which in the end is incalculable.

Some information about wrongful death suits:

Originally, wrongful death statutes were created to provide financial support for widows and orphans and to motivate people to prevent injuries. A wrongful death action is separate from criminal charges, and neither proceeding has an affect on other. This means that a defendant acquitted of murder may be sued in a civil action by the victim's family for wrongful death.

An action for wrongful death may be brought for either an intentional or unintentional act that causes an injury that results in death. For example, a blow to the head during a fight that later results in death is an injury that is intentionally caused. The driver of an automobile who is involved in an accident and unintentionally causes the death of another may be held liable for negligence. An individual who violates local law and neglects to enclose a swimming pool in his yard can be held liable for failure to act if a child is attracted to the pool and drowns.

Wrongful death statutes do not apply to an unborn fetus, as an individual does not have a distinct legal status until he is born alive. If an infant is born alive and later dies as a result of an injury that occurred prior to birth, an action may be brought for wrongful death.

If you or someone you know would like to speak to an experienced wrongful death attorney, call The Mace Firm for a free consultation. Our wrongful death lawyers in Myrtle Beach are ready to speak with you about your case.

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Last week, Nicholas Guaman was driving drunk and ran a stop sign. His pickup truck then struck a motorcycle driven by 23-year-old Matthew Denice of Milford, Massachusetts. When Guaman's truck struck the motorcyclist, it dragged his body a quarter mile before he stopped. Witnesses told police Denice was stuck in the wheel well of Guaman's truck and dragged, despite people chasing the truck and banging on the sides screaming at the driver to stop. Guaman even had his 6-year-old son in the vehicle with him at the time of the incident; fortunately he wasn't injured.

Guaman is in the country illegally and could face deportation. He pleaded not guilty to vehicular homicide, drunken driving and unlicensed operation of a motor vehicle. Guaman could also face other problems if the family of the victim files a wrongful death suit against him. A good wrongful death lawyer would be helpful for the family of this victim. A wrongful death lawsuit claims that the victim was killed as a result of negligence on the part of the person being sued, and that the victim’s survivors are entitled to monetary damages because of the improper conduct.

Figuring the amount of money you can collect for a wrongful death claim may be complicated. Family members can recover payment for the injured person's medical bills and burial expenses. But because the idea is that the survivors are injured by the absence of the person who died, you should also consider what probably would have occurred in the future. These damages may include (1) an estimate of the amount of wages the person who died would have earned if they had lived, and (2) pain and suffering experienced by the survivors. Estimates of future earnings usually require testimony from an expert witness.

Motorcyclists can decrease their chances of inury or death by (1) taking a motorcycle safety class, (2) being conscientious and thoughtful while driving, (3) wearing leather which will decrease the chance of abraisions and (4) wearing a full helmet with a face shield.

If a family member has been injured or killed on a motorcycle or in a car crash, you will need to consult with an experienced Myrtle Beach wrongful death lawyer or a Myrtle Beach injury lawyer. Our injury lawyers in Myrtle Beach are ready to speak with you about your case today.

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Over the weekend, at the Indiana State Fair, folks were preparing to attend a Sugarland concert in Indiana. Concert-goers and other witnesses said an announcer warned them of impending bad weather but gave conflicting accounts of whether emergency sirens at the fair sounded. Some fair workers said they never heard any warnings. The gusting winds tore the fabric from the wobbling stage. As the winds kept blowing, gusts as strong as 70 mph, the huge rigging and lighting system that covered the stage fell forward onto the front of the crowd. Families of the victims may benefit from a consultation with a good wrongful death lawyer.

Five people were killed and dozens, including children, remain in the hospital. Some of the victims have life-threatening injuries. The fair ended up cancelling all activities on Sunday to determine exactly what happened. Officials also must figure out whether the tragedy could have been prevented. First Sgt. Dave Bursten of the Indiana State Police said the lack of damage to structures surrounding the stage supported the weather service's belief that an isolated, significant wind gust caused the rigging to topple. Bursten identified those killed as Alina Bigjohny, 23; Christina Santiago, 29; Tammy Vandam, 42; and two Indianapolis residents: 49-year-old Glenn Goodrich and 51-year-old Nathan Byrd. Byrd, a stagehand who was atop the rigging when it fell, died overnight. Sunday's accident was the worst at the Indiana fairgrounds since a 1963 explosion at the fairgrounds coliseum killed 74 people attending an ice skating show.

This tragedy has forced investigators to not only check for signs of structural problems with the stage, but review whether fair and state officials acted fast enough in letting fans know of the severe thunderstorm watch that was issued hours before the concert. The builders of the stage and fair representatives may have to begin preparing for wrongful death suits brought against them. It is sad that these five people tried to attend a concert to have fun and ended up getting fatally injured. Their families may be eligible for compensation. They will need to call a reliable wrongful death lawyer in their area for help with their case.

Every state has a limit on the amount of time a person has to file a wrongful death lawsuit in court. The length of time can vary, from one year to as long as three years. This time limit is called the statute of limitations. If you do not file your wrongful death action on time, you will be barred from filing it all together. Sometimes the time runs from the wrongful death itself, but sometimes it runs from the time that the cause of death was discovered (which could be later). In some states, the statute of limitations for wrongful death becomes even more complicated if the deceased doesn’t die right away. If the deceased is injured and has a claim for personal injury, the deceased usually must comply with his or her state’s statute of limitations for personal injury.

If you or someone you know would like to speak with a wrongful death lawyer about a wrongful death claim, call one of the experienced wrongful death lawyers at The Mace Firm for a free consultation. Our wrongful death lawyers are ready to speak with you about your claim today.

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The family of a New Jersey man has filed a wrongful death suit this week, naming the hospital, six doctors and the drug company, Bristol Myers Squibb. The relatives of a man whose chemist wife is accused of poisoning him with thallium filed the wrongful death lawsuit against the pharmaceutical company where she worked and the hospital where he died. The victim's family likely consulted with a good wrongful death lawyer in their area to help them with this serious lawsuit.

Alex Wang, 39, died in January at University Medical Center in Princeton, NJ. He was admitted to the hospital because he was experiencing abdominal pain and lack of feeling in his hands and feet. Court documents contain a note that a doctor placed in his chart stating that Wang thought he was being poisioned by his wife, Heidi Li. Li works as a chemist for Bristol Myers Squibb. It appears that Li obtained thallium, an odorless, highly toxic metal, from her lab and proceeded to poison Wang at their home and even in his hospital room. Thallium is a radioactive substance which is employed to diagnose coronary artery disease but if used improperly can cause a slow and painful death.

The lawsuit alleges that Li obtained the highly toxic drug from Bristol-Myers Squibb, which has several research sites in New Jersey. Court documents claim the company failed to impose rigorous safety and security controls on dangerous drugs like thallium to guard against unauthorized access. The wrongful death lawsuit also states that Wang not only told doctors he suspected he was being poisioned and requested a urine test, but that he and his wife were expecting to be divorced. Rather than taking Wang's complaints seriously, as any hospital should, the doctors allowed Li unrestricted access to Wang's hospital room until he was found dead.

Li didn't really come off as a stable, caring wife to doctors at the hospital. A note in Wang's chart said, " Wife should be monitored if comes to visit and patient shouldn't be left alone." It is very sad that the patient in this case was telling doctors about his suspicions and was blatantly ignored. This mistake made by the hospital staff unfortunately caused Wang his life. Li was formally charged with giving Wang thallium over a two-month period until he died in the hospital. She has pleaded not guilty to murder and is being held on $4.1 million bail.

When a family member dies at the hands of another human being who you are supposed to trust, it can be very devistating. We put our lives in the hands of hospital staff and doctors and we expect them to take care of us. Most importantly, we expect them to listen to our symptoms and needs as a patient. If someone you know has died at the hands of a doctor and you feel the doctor has caused death, you may be able to file a wrongful death suit against them. If you or one of your family members needs to file a wrongful death suit, call one of the wrongful death lawyers at The Mace Firm for a free consultation.

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Yesterday in New York, 5 Amish farmers were killed in a serious car accident. The accident happened when a car attempted to pass a farm tractor and hit a van carrying 13 Amish farmers. The car hit the van, which sent it underneath the farm tractor. The crash killed 5 people and injured 10 others. The 5 Amish farmers were pronounced dead on the scene and the 10 injured people were taken to the hospital, some with serious injuries. For the families of the victims, it would be in their best interest to speak with a good personal injury lawyer or a wrongful death lawyer in the New York area.

The driver of the vehicle that caused this accident, Steven A. Eldridge, had very minor injuries which did not require a trip to the hospital. Eldridge, 42, of Penn Yan, N.Y., has been charged with criminally negligent homicide, driving while intoxicated and lesser offenses. The crash occurred in a no-passing zone.

At least four people were trapped in the wreckage before they were freed by emergency workers using power-cutting tools. Four hours after the crash, rescue workers were still removing pieces of the van. The tractor was carrying large equipment, the authorities said. A sheriff at the scene said the victims were all adults from Steuben County in New York. The group of Amish farmers was visiting other farms on an excursion organized by Cornell University to learn farming techniques compatible with their religion.

A wrongful death lawsuit is based on claims that a victim was killed due to negligence on the part of the person being sued. The purpose of a wrongful death lawsuit is to allow the survivors to collect monetary damages as a result of the improper conduct. Over the years, states have passed wrongful death laws that provide compensation for persons who may have been damaged from the death of the victim as well as an incentive to act carefully and safely. Today, all states have some form of a wrongful death claim action in force. A wrongful death claim generally consists of four elements: (1) the death was caused, in whole or part, by the conduct of the defendant; (2) the defendant was negligent or strictly liable for the victim’s death; (3) there is a surviving spouse, children, beneficiaries or dependents; and (4) monetary damages have resulted from the victim’s death.

Because every state law is different, it’s very important to know what your state’s law on wrongful death is. Applying the law can be complicated, and the best way to be sure you are protecting your rights is to consult with a wrongful death lawyer who is experienced in your state. If you feel that you have a valid claim for the wrongful death of a family member, you should consult with an experienced wrongful death lawyer in your area. Hiring a good wrongful death lawyer is very important when tragedy strikes. Call one of the Myrtle Beach wrongful death lawyers at The Mace Firm for a free consultation.

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A Russian ship carrying over 180 people sunk into the Volga River on Sunday. The ship was only 8 minutes into its journey when it started to go under. Russian authorities indicated that the ship wasn't even cleared to carry passengers. The ship also reportedly had a defective engine. Even more shocking, the shipowner did not acquire a license for the voyage. Rescuers continue to search for survivors and over 50 people have been confirmed dead, including children. Many more bodies are still trapped under water inside the vessel. All facts considered, there may be a possible wrongful death suit related to this accident.

Since the shipowner did not have proper documentation to go on this voyage, he or the company who employs him may end up being sued by passengers who were injured or survivors who lost loved ones when the ship sank. The passengers will need to consult with a good wrongful death lawyer or a personal injury lawyer.

This boat accident would not have happend if the safety rules had been followed. This vessel was not in good enough condition to be on the water. It was even leaning to one side when it took off. In addition to that, the boat's maximum capacity is only 140 people, which is a lot less than the amount of passengers it had on board when it went under.

If you or someone you know is injured on a cruise ship, please call one of the experienced personal injury lawyers at The Mace Firm for a free consultation.

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Last night, Shannon Stone and his son decided to attend the Texas Rangers game in Arlington, Texas. A player from the opposing team hit a foul ball, which ricocheted into left field. Rangers all star, Josh Hamilton, then proceeded to toss the foul ball up into the stands, as most players tend to do when a batter hits a foul ball. Stone was reportedly trying to catch the ball when he fell head-first between the seats and a 14-foot high outfield wall.

Stone was conscious when medics came to help him. He even told them to check on his son who was still in the stands by himself. Stone later went into full arrest while he was being transported to the hospital. He was reported dead less than an hour after he fell. Stone's family may need to consult with a wrongful death lawyer to help them get through this tragic occurrence.

This is not the first death at a baseball game this season. This year in May at a Colorado Rockies game, a 27 year old man fell after attempting to slide down a railing. He lost his balance and fell 20 feet to his death. It is unclear whether his family retained a wrongful death attorney following his death.

If you or someone you know is injured at a baseball game or any other sporting event, call a good personal injury lawyer or wrongful death lawyer at The Mace Firm for a free consultation.

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On July 4, 2004, a Mobile, Alabama teen was driving a Kia and wearing her seatbealt when she lost control of the car, struck a sign and flipped over. During the car crash her seatbelt buckle failed and she was ejected from the car and died from her injuries. Shortly after the crash, her family filed a wrongful death lawsuit based upon a defective products claim.

Her father bought a 1999 Kia Sephia for his daughter's sixteenth birthday. Before he gave the car to her, he took it to the Kia dealership to have it serviced and all of the recall work done. He changed the tires and did all the maintenance needed to make it safe. Even though Kia corporate officials knew there was a safety defect with the seatbelt buckles, they failed to issue a recall and the original defective buckles remained in the car.

In December 2002, Kia issued a recall for only model years 1995 through 1998, even though the models manufactured from 1995 through 2000 all had the same buckle. There were 189,000 cars recalled in 2002 which left 251,000 cars on the street because the owners of these cars were not notified of the safety defect. In August of 2004, one month after the young woman died, Kia recalled the 1999 and 2000 models.

On June 23, 2011, a Mobile County, Alabama jury rewarded the family a $40 million wrongful death verdict against Kia Motors of America, Inc., Kia Motors Corporation, and DBI/Celltrion. This came after five years of litigation and two appeals to the Alabama Supreme Court.

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This week in Niagra Falls, a habitual drunk driver was caught for the seventh time. Timothy Flood, 46, pled guilty to felony DWI and criminal posession of a controlled substance in court on Tuesday. The Judge in this case informed Flood that he must make arrangements for someone to care for his young children because he will be going to prison. Flood will be sentenced in late September. Since Flood is a habitual drunk driver, he must have a good defense attorney helping him with his cases.

Also this week, a young man from Cheektowaga pled guilty to vehicular manslaughter. Christian Flagg was involved in an accident on Memorial Day that killed his best friend, 23-year-old Adrian Swain. Flagg had a blood-alcohol level of 0.17 when his vehicle stuck a utility pole and rolled over. Swain was not wearing his seat belt at the time of the accident.

With summer holidays coming up, drunk driving occurrances increase as well as drunk driving deaths. If you know someone who has been injured or killed in a drunk driving accident, they may need to hire a good personal injury attorney to help with the case. Our experienced personal injury lawyer in Myrtle Beach can assist you with your wrongful death claim.

Please call one of the personal injury lawyers in Myrtle Beach at The Mace Firm for a free consultation.

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Dram shop is a legal term used for a bar, tavern, liquor store or similar business where alcoholic beverages are sold. Dram shop liability is the law governing the liability of these types of places. Dram shop laws establish the liability of businesses that sell alcohol to minors or visibly intoxicated patrons who leave the establishment and injure or kill someone due to alcohol related car crash or some other type of accident.

A party injured by an intoxicated person can sue the establishments that contributed to that person's intoxication. Dram shop law covers many types of incidents, not just car accidents. For example, you could be drinking with a friend at a bar, walk outside and one of you punches the other, the injured party can file a dram shop lawsuit against the bar.

Proving a dram shop case is not always easy. Under South Carolina Law, to prove that a bar is liable in a dram shop case, you must first prove that the bartender negligently served alcohol to a person who appeared to be intoxicated. If someone is at the last bar they plan to visit before going home, they may have only one drink and the bartender may say that the person did not appear intoxicated. There are ways to prove that the person was intoxicated and most likely showed signs of intoxication; however, you will need to hire a dram shop attorney so that he/she can make sure the proper experts are consulted.

A dram shop claim is only part of a case involving being injured or killed by a drunk driver. Dram shop cases are many times complex legal situations that may be very difficult for an unexperienced person to handle. If you or someone you know has been injured or killed by a drunk driver, please call one of the Myrtle Beach dram shop attorneys at The Mace Firm to schedule a free consultation.

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Tuesday night around 6 p.m., a former Myrtle Beach police officer killed a motorcyclist in North Myrtle Beach. The officer, Larry Hardee, is currently being held in jail and is facing a felony driving under the influence charge. As a result of the crash, the motorcyclist, Rocky Honeycutt of North Carolina, died of head and chest injuries after he was transported from the scene to Seacost Medical Center.

The former officer was taken to the North Myrtle Beach jail following the motorcycle crash, but refused to take a breathalyzer test. To determine his blood alcohol content, Hardee was taken to a hospital to have his blood drawn. He is currently being held at J. Reuben Long Detention Center outside of Conway to await his bond hearing.

On Monday night, Robert Dew of Loris was killed when he crashed his motorcycle into another motorcycle driven by one of his relatives. Dew died at the scene of the accident due to head and internal injuries; he was not wearing a helmet. His relative who was also involved in the crash was flown to Grand Strand Regional Medical Center and is listed in fair condition with no life-threatening injuries.

If you or someone you know is injured or killed in a motorcycle accident, please call one of the wrongful death attorneys at The Mace Firm.

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The State reported that on Saturday night, July 24, 2010, in Orangeburg, SC, a 4-year-old girl, Ariana Lily Robinson, drowned going down the slide and into the YMCA pool. Orangeburg County Coroner, Samueta Marshall, said Robinson died of accidental drowning.

The Mace Firm sympathizes and understands grief and pain when losing a family member. It is never expected or do you think this can happen to your family. During this difficult time in your life let the Mace Firm help by representing your family when negligence is involved. Our wrongful death attorneys are dedicated and have years of experience. Please call today to schedule a free consultation. The Mace Firm has offices in Myrtle Beach, Charleston, Miami and New York.

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One year after Michael Jackson's death, his father has filed a wrongful death action against his son's personal physician, Conrad Murray, asking for damages in connection with his death. The Los Angeles County Coroner's Office autopsy report showed high levels of propofol in his body at the time of his death. Dr. Murray has been charged with supplying him with the drug, but admits to no wrongdoing. He is currently awaiting trial for involuntary manslaughter charges.

Mr. Jackson's lawsuit alleges Dr. Murray withheld information about Jackson's health history and his administration of drugs to Michael Jackson and that he was professionally negligent. The lawsuit asks for more than $75,000 in damages, the minimum amount to get a case into federal court.

Death is very difficult to deal with, especially when it is caused by someone's negligence. Our wrongful death attorneys have experience in handling cases in federal court and state court that could possibly yield a very large settlement. Please call one of our wrongful death attorneys at The Mace Firm to schedule a free consultation.

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