South Carolina Lawyer Blog

The family of a 39-year-old scientist at the University of Washington has filed a wrongful death lawsuit against the driver of the vehicle that struck and killed him on February 4, 2009, reports the Ballard News-Tribune.

Kevin Black was struck by a Ford E250 van as he was bicycling to work. The driver attempted a U-turn on a street unable to accommodate it and drove into the bike lane, hitting Black. Black was taken to Harborview Medical Center where he later died.

Black, an avid cyclist, was a molecular researcher at the University. He leaves behind two daughters, ages 13 and 10.

A “wrongful death” is a death caused by the carelessness (negligence) or misconduct of another person or organization. The Louthian Law Firm has vast experience in pursuing wrongful death lawsuits. Call us today at 1-800-410-5656 for a free evaluation of your unique case.

Wrongful Death

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The Frederick News Post reports a Montgomery County Circuit jury has given a couple a $1.8 million award in the death of their newborn son.

When the baby was born on July 5, 2005, the doctor chose to use vacuum extraction for the delivery because the baby's head was wedged in the birth canal. He died two days later of complications arising from bleeding between the skull and the scalp.

The lawsuit claimed that not only did the doctor violate the standards of care; he performed the procedure without advising the parents of the risks involved. Had the parents been told of the complications, they would have waited for a cesarean section.

The jury found the doctor negligent and ordered $752,000 for medical bills, funeral expenses and loss of services; $100,000 for the baby's pain and suffering, and $500,000 for each parent for their mental anguish.

A “wrongful death” is a death caused by the carelessness (negligence) or misconduct of another person or organization. The Louthian Law Firm has vast experience in pursuing wrongful death lawsuits. Call us today at 1-800-410-5656 for a free evaluation of your unique case.

Newborn's Wrongful Death

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A Chilton County, Alabama jury has awarded $3.5 million to the family of a man killed when the van he was driving was crushed between two logging trucks, reports the Montgomery Advertiser.

Ken Gorum Trucking and Gary Fruge, the driver of the logging truck, were held responsible for the accident and have been ordered to pay the award. The jury found Fruge was speeding, and the truck had defective brakes, when it crashed into the victim’s van.

The victim's car was pushed into the logs on the truck in front of him, causing the logs to come through his windshield - one went through his head and killed him. Although the driver claims he was going only 45 miles per hour, evidence suggests he was traveling between 65 and 75 mph.

Progressive Insurance Co, the insurance for the defendants, had refused to settle the case before trial.

If you have been in an accident or have lost a loved one in an accident, it’s important to make sure you understand your legal rights. You may be able to recover money for medical bills, lost wages, funeral costs, as well as compensation for wrongful death or permanent disability. Contact the experienced car accident attorneys at the Louthian Law Firm for a free evaluation of your case at 1-866-410-5656 or fill out our confidential online consultation form.

Alabama Logging Truck Wrongful Death

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According to the Philadelphia Daily News, the parents of a 2-year-old boy will sue Fairy Tales Daycare and its owners in the boy's death.

On July 1, 2009, the child died after being left in the back seat of a locked van with the windows rolled up and temperatures exceeding 80 degrees. The lawsuit alleges the boy's parents paid their neighbor and co-owner of the daycare center to take the child to the center at least three times a week.

On this day, however, the child was left in the van where he was not discovered until about 4:30pm in the afternoon. He was rushed to the hospital where he was pronounced dead of heat stroke, also known as hyperthermia.

No criminal charges have been filed in the case.

A “wrongful death” is a death caused by the carelessness (negligence) or misconduct of another person or organization – including a workplace accident. The Louthian Law Firm has vast experience in pursuing wrongful death lawsuits. Call us today at 1-800-410-5656 for a free evaluation of your unique case.

Hyperthermia Wrongful Death

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An Indiana woman whose husband committed suicide in January 2008 has filed a lawsuit against Pfizer, the manufacturer of Chantix, a smoking-cessation drug her husband was taking.

The woman alleges that the company failed to warn consumers that the prescription medication might cause serious psychiatric symptoms such as suicidal thoughts.

If you or someone you care about was seriously injured by a prescription drug, you should speak with a South Carolina pharmaceutical litigation attorney at the Louthian Law Firm as soon as possible. We have won justice for South Carolinians since 1959, and recovered millions of dollars to help sick and injured people heal and move on. And because we know injured people are often suffering financially as well as physically, we never charge for an initial case evaluation. For a free consultation, call us today at 1-866-410-5656.

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Posted In: Personal Injury , Prescription Drugs , Product Liability , Wrongful Death

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The family of a Blufton Middle School boy who died after a fight on campus reached a $200,000 South Carolina wrongful death settlement with the school district and local government. Francisco Belman – 14, died in 2002, several months after being punched in the chest by two fellow students as part of a gang initiation. The two teens plead guilty to involuntary manslaughter and were sentenced to probation.

The loss of a loved one is a tragic occurrence that can turn the lives of the deceased families upside down. No dollar amount can be attached to a life, but when deaths occur due to the negligence of another person or entity, it is important to send a message to the negligent parties through litigation. In this case, the financial loss suffered by the school board may force stricter schoolyard rules and monitoring, preventing future injuries and loss of life.

A wrongful death claim allows the survivors of a wrongful death to ease their financial troubles as well as seek justice from wrongdoers. The family of the wronged person may ask for money that helps them ease the financial effects of their loved one's premature death, such as funeral costs, medical bills, and a lifetime of lost wages. They may also ask for damages for non-economic harm, such as their loss of companionship, protection or care, mental anguish or pain and suffering. Under some circumstances, survivors of a wrongfully killed person can sue for exemplary damages (also called punitive damages) that punish a wrongdoer for recklessness, malice or willful acts.

Continue reading "$200,000 Settlement Reached in Death of Student" »

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The mother of Jason Goss, who was killed while he was an inmate at Wateree River Correctional Institution, has filed a suit against the South Carolina Corrections Department. The suit alleges that the prison failed to protect her son from assault by other inmates, according to an Associate Press Report published on October 3rd.

The suit was filed independently of the criminal charges involved in the case. Two inmates were charged with murder in Goss’ death. They each face 30 years to life in prison if convicted. Goss was found unconscious on October 6th, 2006 at Wateree River Correctional Institution. The agency said at the time that emergency personnel pronounced him dead at the scene.

Continue reading "Mother sues South Carolina Corrections Department after son dies" »

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Drunk driver Humberto A. Orduna hit and killed Francisco Rivera, Jr., a 20-month old baby, in a Florida mobile home park in 2004. After his arrest for DUI, he fled the country to Mexico – but his actions have incurred a hefty price in the United States, where he was recently convicted in absentia. The family, who was emotionally traumatized by witnessing the accident and who endured both the sight of their baby son’s brain injury and death and a bill for nearly $17,000, was awarded $7.25 million by the jury in Orduna’s absence. Now they’re going after the defendant’s insurance company, who allegedly failed to pay the entire $10,000 covered by Orduna’s insurance policy.

This tragic incident demonstrates not only the harsh toll wrongful death can take on a family, but the rights surviving family members have under the law when wrongful death is involved. The family not only recovered direct medical costs related to the drunk driving accident – they filed for and received damages covering their severe emotional distress.

Continue reading "Mobile Home Park Accident Leads To Hefty Default Judgment" »

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