Many Massachusetts movie fans were saddened when actor Paul Walker died in a car crash in California on Nov. 30, 2013. Walker was a passenger in a Porsche Carrera GT when it crashed and burned, killing him and his racing partner who was driving the vehicle. Now the late actor’s daughter has filed a wrongful death lawsuit against Porsche.
Category: Wrongful Death
The present ability of companies to use a variety of transportation methods to move their products to market means that what affects consumers in one state may have its origins in another. This is one of the aspects of a wrongful death action filed in a federal court in Boston by the parents of an eight-year-old Massachusetts boy who died as a result of becoming ill with an E. coli bacterial infection in 2014.
Civil lawsuits against the government can be subject to misperceptions. One of these may be a hazy understanding of the doctrine of “sovereign immunity,” under which the government and its agents are immunized from lawsuits under certain circumstances. Or there is the more common saying that “You can’t fight city hall,” which carries with it the implied understanding that government bodies have the financial resources to outlast you in litigation.
Anyone who has gone from school to the job market learns that there is a difference between reading about something or studying it in an academic environment and actually putting it into practice. This is true as well in the context of personal injury litigation.
The sudden loss of a loved one is something that is impossible to prepare for, and which can lead to a range of financial and emotional ramifications that can resonate far beyond the moment of loss. The fatal event can be something like an accident, or even the result of a purposeful act, but in either event you can find yourself having to adapt quickly to changed circumstances: what if the decedent was someone you and your family counted on for income, and now that income is gone? How will that affect your ability to pay your mortgage, your car payment, and other household expenses? If you are like many people, you probably do not have much money set aside for unexpected medical expenses if your loved one does not die immediately from his injuries, and you probably do not have a savings reserve for sudden funeral and burial expenses.
Any time that a person dies as the result of the negligent, reckless or intentional act of another there are two classes of victims: the deceased person, and his or her loved ones. The Massachusetts wrongful death statute acts to preserve any cause of action that the deceased person may have had against the person or entity that caused his or her fatal injury, but this brings up the question of how, if the decedent is not available personally to file the lawsuit and cannot personally recover any damages from a jury award, a case is to be brought forward.
Wrongful death is the cause of action that many people think of first when they lose a loved one because of the negligent, reckless or intentional act of someone else. But there is another kind of lawsuit that can arise from circumstances that involve the death of a family member. This is known as a survival action.
A recent cruise ship accident on a coral reef in Bermuda was presumably caused by power failure; which caused a failure in the steering system. While none of the 2,500 passengers and crewmembers onboard was injured, it was surely an experience none of them want to have again.
If you have been injured by a defective or dangerous product, you may have the basis for filing a products liability lawsuit against the parties responsible for placing it on the market. A claim may exist if the product warnings were inadequate as well as if it was inherently dangerous due to its defect.
When a state raises the excise tax on alcohol, there may be a chance that fatal car accidents will go down. According to a new study, small tax hike of less than a penny per glass of beer or wine and less than a nickel per glass of liquor could reduce fatal alcohol-related motor vehicle crashes by over 25 percent. Accidents involving young people experienced an even greater decline, and accidents with drunk drivers went down by the same amount. These findings could have important implications for Massachusetts drivers and tax payers.