Wednesday, March 13, 2019

Q: Can a wrongful death lawsuit stem from a criminal activity?

Someone going to a Denny’s restaurant might order a slam from the menu. What they would not expect would be a fatal chokehold on the side. But that’s exactly what was reportedly served up to one man at the popular chain one night. And it wasn’t delivered by the staff.

The wrongful death attorneys for one Houston-area family are seeking damages in a civil action against a deputy-sheriff and her husband in connection with a chokehold incident that left a man dead.

Reportedly, the deputy’s husband—described as a trained mixed martial arts fighter– had an altercation with a young man who he claims allegedly urinated in public and then threw the first punch when confronted. The off-duty deputy reportedly arrived to join her family at the restaurant and then also became involved with her husband in restraining the victim who eventually became unresponsive and was rushed to the hospital. She reportedly called for assistance from the Sherriff’s office and EMTs. About a minute of the altercation was captured on video by witnesses.

An autopsy report indicated the man died from “anoxic encephalopathy due to strangulation with chest compression” after three days on life-support. Both the deputy-sheriff and her husband have been criminally charged with murder. In addition, some responding officers were reportedly officially reprimanded for their actions as well.

A wrongful death action is often brought by the close surviving relatives of a victim whose death was caused by the negligence, reckless, or intentional actions or inactions of another person or entity and has left behind relatives who are suffering emotionally and financially due to the victim’s death. In this case, the victim left a 4-year old daughter and her mother behind without his financial support.

In addition to a criminal action, wrongful death actions often arise from the following:

• Automobile or other transportation accident
  
• Exposure to toxic substances or hazardous conditions
• Medical
• malpracticeSupervised activity that results in death

Once liability is established, compensatory damages in a wrongful death action may include loss of support, loss of services, loss of prospective inheritance, medical and funeral expenses and punitive damages, depending upon the particular circumstances and the relationship between the victim and the family member. A skilled personal injury attorney can determine who has standing to sue as wrongful death cases are very complex.

If you are a loved one has been injured or loved one has been killed as the result of the actions of another, the attorneys at Chandler, Mathis & Zivley, P.C. can help. Contact us today for a free consultation. We can’t undo your suffering, but we can aggressively fight to obtain compensation to help relieve the financial burden of your loss. With offices in Houston and Lufkin, we serve clients throughout East Texas as well as many other states.

Does the statute of limitations bar a county from trying to recover medical costs after waiting for five years?

In 2010, a Texas sheriff’s deputy responded to a call seeking assistance with a traffic stop of a possible stolen car. With flashing lights and siren on, he sped to the scene but, en route, had to swerve to avoid soundproofing that fell off a flatbed truck. Gravely injured, he died eight days later in the hospital.

The deputy’s father and son both sued the company that owned the flatbed truck and its driver. The deputy’s widow settled with the company separately, out of court.

Years later, Fort Bend County has sued the widow and her two children seeking recovery of $300,000 in medical costs it paid when the officer was hospitalized before his death.

The county says it “is entitled to the first monies paid by any third party,” notably the funds the trucking company to paid the victim’s family.

Attorneys for the victim’s family say that the county missed its chance to sue and is now barred by the statute of limitations, which, they say, expired two years after the accident. There were, say the attorneys, at least two previous opportunities for the county to try to recover the medical costs, but now, five years on, it is too late.

A local petition drive has expressed outrage that the county is seeking reimbursement from the late officer’s family and has called upon Fort Bend to drop the suit. The county insists it is duty-bound to try to recover taxpayers’ funds. The family of the victim, however, regards the lawsuit as “a sucker punch.” As of this writing, the case was still moving forward.

Surviving a personal tragedy emotionally is, sadly, often only part of the challenge. Often a pitched legal battle ensues over fair compensation for plaintiffs, with defendants launching unexpected defenses and counterattacks. If you have suffered from the carelessness or wrongdoing of others, it is important to have an expert personal injury law firm on your side to help you gain and keep the upper hand.

If a family member has suffered as a result of personal injury or wrongful death, bringing a cause of action is not necessarily about personal gain. The individuals or businesses deemed responsible for the wrongful death are often forced into action to prevent the deaths of others, even if they’ve settled out of court. 

Here are some things you should know about personal injury and wrongful death cases.

1) Medical malpractice suits aren’t always about financial gain

As many as 98 000 deaths are caused by avoidable mistakes in the USA every year, leaving patients at the mercy of an imperfect industry when they’re at their most vulnerable. Small practices receive dozens of cases annually in which patients are saddled with treatments that are inappropriate for their needs.

Mental health professionals claim that misdiagnosis not only occurs but prevails in psychiatry, but physicians are almost as likely to veer from standards of care. Financial compensation is imperative because patients are generally left with unnecessary, but steep, expenses at a time when they’re too ill to earn salaries. However, medical malpractice suits tend to kick up plenty of negative publicity, which often forces hospitals to reform. This gives future patients better odds of survival. This is wrongful death law at its most altruistic.

2) Criminal and civil cases are mutually exclusive

It’s possible to sue for wrongful death and lay a criminal charge. Civil and criminal law are entirely separate, so if a criminal charge doesn’t result in a successful conviction, you may still win a civil case and vice versa. To claim damages, the plaintiff must prove that:

• the defendant was obliged to obey the law
• the defendant didn’t obey the law
• the defendant’s action caused the wrongful death
• there was intent or negligence
• a personal representative for the estate has been appointed

3) It’s not always about breaking the law

Businesses and individuals can be held liable when they’ve been imprudent. For example, medical practices that deviate from standards of care are considered to have behaved negligently. Negligence or imprudence applies to other industries, too. Toyota was forced to recall almost 10 million vehicles in 2010 after having taken too big a risk with its accelerator design. All 34 deaths attributed to the related crashes qualified for wrongful death suits.

4) Loss is a nuanced concept

Wrongful death damages are as multifaceted as they are complex. They aren’t limited to economic loss. In fact, non-economic damages often have a higher value than tangible losses. They can be claimed for

• loss of love and companionship
• loss of guidance and care
• pain and suffering
• loss of consortium; in this case, damages are awarded when a spouse loses intangible damages like earnings and comfort

Noneconomic damages have very few limits, which only makes the hiring of a highly skilled and experienced lawyer more important. A wrongful death attorney needs a profound understanding of his field and wide knowledge of tort. Punitive damages are recoverable in some states when bad conduct is especially severe. The many nuances involved in the calculation of damages means that expert witnesses play a core role in a case’s success.

5) Medical damages aren’t limited to the allopathic healthcare industry

Naturopaths and homeopaths can be sued for wrongful death when they’ve been negligent or misdiagnosed an illness. These are complex cases, so it’s important that family members protect themselves from being discredited. Anything that’s posted online is fair game in court, so social media sites and blogs should be shut down until the suit is resolved. Any online communication on a public forum is discoverable in wrongful death claims, even on networks that have watertight privacy settings.

6) It can’t wait

There is a statute of limitations on when you can file a wrongful death action. Under most state laws, two years is the maximum, but it’s imperative to contact an attorney as early as possible. Evidence needs to be gathered if the case is to hold water. To avoid the loss of witnesses and proof, hire an attorney straight away.

7) Insurance adjustors don’t always work for you

Insurers are in the business of maximizing their profits, which they achieve by spending as little as possible for maximum returns. They don’t necessarily act in their clients’ best interests because this doesn’t always award them the highest returns. An attorney works to ensure that you receive all you’re entitled to.

While insurers consider what a jury would award at a trial, their negotiations usually begin at the lowest settlement possible, which isn’t always the most reasonable settlement possible. To keep costs at a minimum, they often hire attorneys to fight on the side of the person responsible for the wrongful death.

8) Choose a specialist

If you needed brain surgery, you wouldn’t hire a general practitioner to do it. Attorneys are equally specialized, so while you’ll likely find a lawyer who will take on your case despite their area of expertise, it’s best to choose a specialist. The law is constantly evolving, and an attorney who last looked at tort in law school may not be up-to-date with the specific area of law he’s advising you in. Your lawyer should also have experience in trying cases in the applicable state, given that laws vary across the country. An ethical attorney will take your case only if they can handle it well, referring to other lawyers when he or she can’t serve you best.

A skilled wrongful death attorney will represent you aggressively, offering you personal attention and a willingness to take cases as far as they need to go to get what you’re entitled to. If successful, your case will not only account for your loss but may prevent others from suffering the same fate by pressuring the offending party into making preventative changes.

Sources:

http://www.forbes.com/sites/stevecohen/2014/06/18/malpractice-lawsuits-arent-just-about-money/

http://www.jointcommission.org/assets/1/6/TJC_Annual_Report_2013.pdf

http://www.nolo.com/legal-encyclopedia/proving-wrongful-death-civil-case.html

http://www.forbes.com/sites/anthonynitti/2012/11/27/tax-court-2-3-million-settlement-payment-for-wrongful-death-of-shareholders-girlfriend-was-not-a-business-expense/

Texas is home to an incredible number of refineries and chemical plants. They dot the landscape in clusters all over the state, providing the jobs the workers need to support their families. In some communities, they are literally almost in the backyards of the residents.

We don’t have to look too far back into Texas history to find a catastrophic occurrence at one of these plants. It was only a little over two years ago that a powerful explosion occurred in West, Texas, at a fertilizer plant. The blast injured hundreds, killed 15 individuals and leveled scores of schools, homes and one nursing home.

Federal and corporate response to the disaster

After the fire and subsequent explosion at West Fertilizer Company, the president issued an Executive Order for the Department of Labor, the Environmental Protection Agency and Homeland Security to devise more effective safety measures to implement at these types of plants. But the responsibility does not end with the federal government to safeguard the workers and those living among and in close proximity to the plants that are the lifeblood of the Texas economy.

The corporate owners of these plants bear the brunt of the responsibility to make sure that these facilities are run as safely as possible. In turn, they must task the operations managers, safety men and supervisors to galvanize their crews to keep safety first and foremost to avert future disasters.

After the explosion at the fertilizer plant, researchers from Greenpeace located 473 plants around the country that could potentially jeopardize the health, safety and welfare of not only their workers, but others living and working in the vicinity. Even scarier, of that total, 89 facilities posed a risk for more than a million residents who lived as far as 25 miles away, but were downwind of the plants. Most frightening of all, Greenpeace estimated that one of every third person in the United States had a risk of harm from toxic chemical releases from plants.

Where the risk arises

Disasters can begin in myriad ways. Fires are sparked by something as fearsome as a lightning strike or as mundane as a worker’s forbidden cigarette. Improperly stored, mixed or maintained dangerous chemicals can result in explosions of toxic gases that can travel miles, sickening all who breathe in the airborne poisons. A poorly trained employee handling highly volatile substances can pose an enormous safety hazard and liability for a company.

The Occupational Safety and Health Administration has standards for the way these toxic materials must be handled in the plants. They include:

• Storing hazardous chemicals in a designated area a minimum of 100 feet from surface waters.
• Storing chemicals downwind of any homes in the vicinity and on a planed area that does not flood.
• Never stacking chemical containers or storing them above eye level.
• Keeping chemicals out of direct sunlight.
• Elevating chemical storage containers off of the ground. 

Workers, residents all share considerable risk

If you or a loved one work in one of these plants, you already know there are many dangers that can erupt in a moment’s notice if the proper safety procedures are not followed. Workers injured on the job have the Worker’s Compensation system to fall back on after a mishap occurs. Depending on the severity of the injuries and the treatment that is rendered, the settlement from Worker’s Comp may be sufficient. In many cases, however, injured workers and the family members who rely on them may be forced to seek additional compensation through the Texas civil courts.

But those who are in harm’s way during a fire, explosion or toxic gas release due to the close proximity of their homes, schools and communities don’t have the Worker’s Compensation to turn to. Instead, they are dependent on the corporate owners of the hazardous plant to make it right for them with a settlement offer.

As was observed following the Deepwater Horizon Macondo blowout and massive oil spill in the Gulf of Mexico, parent company BP and their co-defendants faced criticism for denying damage claims and underpaying claimants even when lives and livelihoods were at risk and, in many cases, still disrupted.

Wrongful death suits force accountability

There is no question that there can be no dollar sum sufficient to replace the loss of a spouse, sibling or child to grieving families after an industrial accident occurs. There will still be that empty side of the bed, missing chair at family dinners, a little less laughter and joy in the room. When a senseless death occurs as a result of negligent acts or a series of safety protocols left undone, there is no way to undo what was done.

What we at Chandler, Mathis & Zivley can do is hold these corporate entities liable for the economic damages, pain, suffering and losses by taking civil action against them in the Texas courts. By filing a wrongful death lawsuit against the negligent parties, we fight for settlements and judgments for our bereft clients. It won’t bring their loved ones back, but it can give them a financial cushion that can make life a little easier, especially if it was the breadwinner who was killed.

But there is actually another reason to hire a wrongful death attorney to go after chemical plants and refineries who bear responsibility for these deaths. By making defendants ante up a financial settlement when their lack of oversight causes an explosion or toxic release, it incentivizes these plants to keep a tight rein on safety procedures and policies. Forcing them to accept economic responsibility for their actions encourages a climate of safety to prevail in these plants. This, in turn, increases workers’ safety and the safety of those who live and work around the plants.

Reaching out for help can be hard

Grief can be paralyzing, making it difficult to take the necessary actions to initiate a wrongful death suit after a catastrophic accident occurs. However, due to statutory limitations for filing wrongful death claims, inaction can be a costly mistake to make. 

When you reach out to our wrongful death attorneys, we know exactly what to do and the time frame in which we need to do it. You can put your trust in our experienced and capable legal team. We will take it from here. We will file your claim, launch our own fact-finding mission, retain experts that can demonstrate exactly the way the safety protocols failed and cost your loved one his or her life. We will always treat you and the memory of your beloved family member with the utmost compassion and respect.

Don’t wait until it is too late to seek a legal remedy against a chemical plant or refinery for its safety breaches. Call us today for a confidential case evaluation. We are here for you.

Sources:

http://www.motherjones.com/environment/2014/04/west-texas-hazardous-chemical-map

http://smallbusiness.chron.com/osha-standards-chemical-plants-45732.html

Can I file a claim for damages as a result of my loved one’s death while in police custody or prison?

The current state of heightened tension and violence between members of the public and police officers across America has brought an increased level of stress to both parties involved in a routine traffic stop. Dash-cam footage and amateur videos shared on social media and news outlets bring police officers’ often split-second decisions into question and invite debate on issues including overreaching, profiling, and appropriateness of the use of force.

When a traffic stop goes awry, injuries or death to the public (or the police officer) may result immediately or subsequent to the arrest. What is considered justifiable cause for a traffic stop and proper use of force or restraint during one?  What is the proper standard of care and supervision of prisoners during their incarceration?

These questions are raised in a wrongful death lawsuit brought by the mother of a woman whose traffic stop in July, 2015, for failing to signal a lane change led to her incarceration and apparent suicide by hanging in her Waller County Jail cell three days after her traffic stop.

The mother alleges that the public safety officer, who ordered the woman out of the car and claimed she was combative, overreached his authority during the questionable traffic stop and arrest. Further, she claims her daughter died as a result of negligence by jail personnel. Much of the arrest was caught on the dash-cam video. The public safety officer is also charged with misdemeanor perjury. Recently, this case was remanded to a mediator for settlement discussion.

Wrongful death claims may arise when one person is liable for the death of another and are usually brought by surviving relatives of the deceased in a civil action. While this doesn’t bring the loved one back, it allows the victim’s family compensation for their losses, which may include financial support, medical or funeral expenses, and loss of consortium. Because of the complex and deeply emotional nature of wrongful death cases, it is essential for family members to engage the services of compassionate experts in this field of law.

Chandler, Mathis & Zivley has offices in Houston and Lufkin, Texas and serves clients throughout Texas as well as many other states. With over 40 years of experience, we’ll fight to get you restitution after the terrible trauma of losing a loved one to wrongful death. If you have questions as to the circumstances that led to a tragic or unexpected loss of a loved one, contact us online or call us in our Lufkin office at 800-657-2230 or our Houston office at 877-739-7744.

By now, you have undoubtedly heard of the ignition switch problems plaguing General Motors – which have lead to hundreds of injury and property damage claims across the United States. As a refresher, millions of General Motors models were implanted with a defective ignition switch which could actually cause the vehicles to turn off while in motion. Of course, the sudden loss of power can cause serious accidents, particularly for vehicles traveling at high rates of speed on highways and interstates. So far, the defect is implicated in 124 deaths and 275 injuries.

As a result of the widespread harm, victims of the defective switches filed lawsuits against the company for damages. As is common in complex product liability lawsuits, General Motors hand-picked three cases – seemingly representative of the types of claims overall – to engage in what is known as a Bellwether trial. A Bellwether trial is somewhat of a “preview” trial to gauge a jury’s likely response to the evidence presented. While Bellwether trials are actual trials, the results can often sway parties one way or another.

Fortunately for General Motors, the jury saw things their way following three Bellwether trials in the Houston area earlier this month. The jury took about one hour to determine that General Motors was not liable in the serious brain injury of the 24-year old driver, whose car careened out of control and killed the driver of an oncoming vehicle.

Other Bellwether trials are set to begin over the next several months, and the results of a Bellwether trial are not necessarily indicative of whether General Motors will offer a settlement to victims and their families. In other words, success in Houston does not necessarily mean the company is off the hook for the deaths and injuries of hundreds of other victims.

Contact a personal injury attorney today!

If you would like to discuss your options following a recent personal injury, please contact our office today! 

Following a truly heinous chain of events, a grieving Dallas-area woman was awarded $50 million in a wrongful death lawsuit seeking redress on behalf of her child who was fatally pushed in front of a DART bus in 2011. Though she only originally sought $20 million on behalf of her son, the woman ultimately received more than double that amount after a jury heard testimony describing the horrific attack the child endured immediately prior to his demise. All in all, the court concluded that the perpetrators were grossly negligent and acted with conscious disregard for human life – resulting in the historic eight-figure judgment.

On November 22, 2011, while standing on the DART platform awaiting his transportation, the 19-year-old victim was beaten, spat upon, and attacked by four 12- to 14-year-old individuals looking to rob the victim of his cell phone. Following the attack on the platform, the perpetrators pushed the victim onto the tracks where he became “hooked” to a moving DART vehicle, which dragged him over 30 feet before coming to a stop. The victim died from blunt force trauma inflicted both by the impact of the train and the savage beating inflicted by the robbers.

In 2013, DART settled with the family for an undisclosed amount. The boys responsible for the death of the victim remain behind bars, making the $50 million judgment, unfortunately, a symbolic one – as it is unlikely the victim’s mother will ever receive that amount. According to reports, the settlement with DART occurred following the mother’s detailed accusations that the transit line did nothing to prevent or stop the deadly assault on her child – particularly considering the fact DART authorities were aware that the teenagers were robbing travelers and had attempted a similar robbery earlier that day.

In a statement by the victim’s mother: “[u]nfortunately, this is about four families, and mine making five, that have been robbed by this terrible tragedy. Our kids have been taken away and it doesn’t matter if they’re 6 feet under or 600 miles away. Our kids are gone behind senselessness that could have been avoided.”

Contact a personal injury attorney today!

To learn more about the personal injury or wrongful death process, please contact Chandler Mathis & Zivley in Lufkin (1-800-657-2230) or Houston (1-877-739-7744) today.

For nearly a century, asbestos has been linked with deadly respiratory cancer and disease, causing many manufacturers and industrial companies to shell out millions in injury claims and settlements. Now, decades later, injury victims are continuing to come forward with allegations of unbeknownst exposure, and demanding employers compensate for the personal and financial toll.

On October 5th of this year, a representative of the estate of a recently deceased Jefferson County man filed a wrongful death lawsuit alleging exposure to asbestos – which the family believes ultimately killed the man. More specifically, the lawsuit alleges the man was exposure to the toxic chemical during his work on the coastal oilfields, which were maintained by Atlantic Richfield, BP, Bridgestone, Chevron Phillips, Citgo, Entergy, ExxonMobil, Firestone, Goodrich, Huntsman, Total and Texaco – all of which have been named in the suit.

A lifelong worker on the oil rigs, the deceased man began his tenure as an employee back in the 1960’s. It wasn’t until much later that he was diagnosed with a deadly lung cancer, which ultimately took his life in 2015. In general, the plaintiff is alleging that the oil companies negligently maintained and sold asbestos-laden products – all while knowing that asbestos exposure can be deadly.

While the case is just in its infancy, it brings about an important reminder that employers are under a duty to maintain a reasonably safe work environment for employees, which includes the duty to notify employees and customers of known dangers on the premises. Moreover, commercial entities are responsible for placing reasonably safe goods in the marketplace, and can face major legal backlash for knowingly exposing consumers to harm.

Contact a Texas personal injury lawyer today!

If you are looking for a personal injury attorney you can trust, contact Chandler Mathis & Zivley in Houston today: 1-877-739-7744.

The death of a loved one can come as a major shock and surprise, particularly to close family members. When the death occurs at the hands of a hospital or nursing home – which are meant to help heal and protect – the loss can be even more devastating. Thankfully, if neglect is suspected, grieving loved ones have the opportunity to file a wrongful death action against the alleged responsible party.

Earlier this year, a woman from Texas filed a wrongful death lawsuit on behalf of her mother, who was residing in an assisted living facility out-of-state in the central Tennessee area. According to the complaint, her mother passed away after gaining 30 pounds in just over two weeks. The problems began when the woman was admitted to the hospital for a four-day stay in August 2015 due to a host of problems related to gastritis and COPD. Upon discharge, she weighed 158 pounds. A few days later, she was readmitted with similar symptoms, including low iron levels and shortness of breath. In her first week back in the hospital, she is alleged to have gained 15 pounds despite having virtually no appetite. After determining the weight gain to be the result of severe fluid retention, she was prescribed 20mg of a diuretic every other day. However, she was only ever provided two doses during her entire stay. After gaining another 15 pounds of fluid within several days, the patient was transferred to another facility due to increasing respiratory distress caused by the weight of the fluid retention. Ultimately, her lungs could not bear the pressure, and she succumbed to her condition a few days later.

In the lawsuit, the victim’s daughter alleges that egregious mix-ups with the woman’s medication regimen resulted in her avoidable death. Further, the lawsuit advances the argument that had the doctors and nurses exercised reasonable care and caution in the treatment of the victim, she would not have passed away due to the effects of fluid retention.

For help, call Chandler Mathis & Zivley today!

If your loved one recently passed away and you believe the cause of death may be related to negligence or misconduct, we encourage you to speak with one of our attorneys right away.

To schedule a consultation, please call us today: 1-800-657-2230.

Under the laws of personal injury and negligence, an employer can be liable for the misdeeds of its employee if (i) the employee was acting within the scope of his or her employment duties, and (ii) the facts surrounding the injury were reasonably foreseeable. Keeping this in mind, consider the recent final decision issued by the Texas Supreme Court reversing a $32 million judgment against Domino’s Pizza, as the Court ultimately held that the pizza chain cannot be held liable for such an unforeseeable, random event as that detailed below.

In 2013, a Jefferson County jury awarded $32 million to the estates of a married couple killed in a head-on collision caused by a Domino’s Pizza delivery driver. According to the facts presented at trial, the driver inexplicably crossed over the centerline of a two-lane roadway, killing the oncoming driver and passenger. After tying the driver’s misconduct to his employer, the jury concluded that Domino’s was ultimately responsible for the wrongful deaths, and the eight-figure judgment ensued.

On appeal, the Texas Ninth Court of Aphttp://cmzlaw.net/lufkin-houston-tx-wrongful-death-lawyer_pa19619.htmpeals opted to completely reverse the judgment, holding that “the evidence is legally insufficient to support the jury’s finding that Domino’s controlled or had the right to control the details of the injury-producing acts or omissions of [the franchisee] and its employees.” More specifically, evidence revealed that the driver’s vehicle was in poor condition and that the weather conditions on the night in question were slick and treacherous. After an appeal to the U.S. Supreme Court was denied in October 2016, the reversal is considered final – meaning Domino’s cannot be found liable or responsible for the unfortunate fatalities.

As personal injury practitioners, we know the importance of arguing all relevant facts – particularly in the event of a jury trial. Even if a case seems improbable and the likelihood of success slim, be sure to contact an experienced personal injury attorney right away following an accident or injury.

Call Chandler Mathis & Zivley today!

For help with your personal injury issue, please contact our office right away: