Early one morning in October 2006, Arnal Smallwood, his daughter, two of his nephews and three of his employees were driving to a job site when a car driven by Matthew McQueary hit them head on at a high rate of speed. As a result of this crash, Mr. Smallwood, his daughter, her unborn child, one of his nephews and one of his employees were killed as was the driver of the other vehicle. Our office was hired to represent the families of three of the deceased as well as one survivor of the crash. Due to the severity of the crash and the number of injuries and fatalities associated with it, our office sent an offer to the defendant’s insurer within days of the accident. Policy limits of $100,000 per individual and $300,000 per accident from the Defendant’s insurer were obviously not sufficient to cover all costs involved. Our office sent an offer to all insurance companies involved for all policy limits available. All insurance companies involved agreed to settle for the insurance available ($351,666.68) for the three death cases that our office represented. Injuries: multiple deaths due to the severity of the injuries. Note: Our office is still representing one of the crash survivors in an ongoing case. Damages: Pain & suffering, wrongful death, medical expenses and loss of earning capacity ESTATE OF NATHAN SIMPSON, ESTATE OF ARNAL SMALLWOOD AND ESTATE OF CORNELIO ZACARIAS v. ESTATE OF MATTHEW MCQUEARY.
The loss of a loved one is a tragedy. When the death is due to another party’s negligence or wrongdoing, coping can be especially hard.
A wrongful death is when a person is killed due to the negligence or misconduct of another party. Those who were dependent on, or a beneficiary of, may be entitled to monetary damages.
Most states have passed wrongful death statutes in order to compel professional organizations, companies and businesses to act carefully and responsibility to avoid taking the life of another.
However, wrongful deaths do occur in some situations such as:
- Workplace Accidents – In most cases the family is entitled to death benefits through the state’s workers compensation system. But is some instances the family may be able to sue for negligence.
- Product Defects – Here are a few examples of products that can be defective; food, pharmaceuticals, toys, household products, and vehicles.
- Medical Malpractice – These types of issues stem from hospital workers negligence, surgical errors, misdiagnosing a health condition, prematurely discharging and many other types of medically related mistakes.
- Vehicle/Truck Accidents – Negligence of drivers, road conditions that were left knowingly exposed, manufactures using defective products or not properly testing equipment.
The laws involved in wrongful death lawsuits are complicated. While you are grieving the need to file a wrongful death lawsuit may not seem important. However, many wrongful death cases need to be filed within a specific time period. Don’t risk losing your right to financial compensation.
No amount of money can ever compensate for the loss of a loved one, but being financially secure and having justice served can provide a sense of closure.
Contact the experienced team of lawyers at Wittmer & Linehan PLLC to guide you through the process of a wrongful death case and help you receive the monetary damages you are entitled to.