Wrongful Death Lawsuit & News Blog

Plant Faces Fines in Fatal Workplace Fire

Mon, 9 Jun 2008 08:43:41 -0400

An Ohio chemical plant where an employee was killed in a fire in 2007 is facing more than $100,000 in OSHA fines for workplace safety violations.

Trans-Acc Inc. is facing $121,800 in fines unless it can defend itself against allegations that federal investigators found 33 serious violations of workplace-safety standards after a fire at the company's Blue Ash plant killed an employee in November 2007.

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) announced that it has cited Trans-Acc, a metal cleaning and coating company, for alleged electrical hazards, the unsafe handling of flammable liquids and vapors, failure to address respirator needs and hazards and not protecting employees against exposure to chromium VI.

"Employers have an essential and unavoidable responsibility to see to it that areas with flammable liquids and chemicals which carry significant health risks are made safe for their employees," said Richard Gilgrist, OSHA's area director in Sharonville.

"There is no excuse for failing to take the appropriate steps to keep the workplace safe from the hazards of explosion, fire and excessive exposure to such chemicals."

Federal law requires employers to provide a safe and healthy workplace for their employees. OSHA sets, enforces and provides training in workplace-safety standards.

Tags: workers' compensation benefits, injured worker, workplace injury, workplace safety, OSHA, workplace death, fatal plant fire, workers' compensation attorney

Wrongful Death and Non-Action

Wed, 9 Apr 2008 14:59:18 -0400

While most people understand that wrongful death can be the result of people's actions they may not realize that wrongful death can also be the result of people's non-action. For example, if a person attends a party and gets very drunk and then drives home and is involved in a fatality the host of the party might possibly be held liable for the death due to inaction in not stopping the person from driving. This is just an example of a potential wrongful death case and it is designed to show that there is more to the concept of wrongful death liability than most people think.

Loss of Income and a Wrongful Death Suit

Mon, 7 Apr 2008 16:35:33 -0400

One area that many people do not think to take into account when it comes to filing a wrongful death suit is the loss of income to the family due to the deceased relative. Some may consider this a grim task but it is very necessary because a family will be seriously impacted when household income takes a huge loss due to a wrongful death. This is a very serious situation because the loss of the family provider can led to bankruptcy, foreclosure etc and it is critical to recoup such losses before that devastate a family. This is why wrongful death suits can provide stability in a situation that can be somewhat chaotic.

Kentucky Legislature Considers Changes to Wrongful Death

Fri, 4 Apr 2008 13:54:07 -0400

Republican State Senator Robert Stivers has introduced legislation that would allow surviving spouses to seek damages for loss of companionship in wrongful death lawsuits.

The legislation comes thanks to the hard work of Kathy Ryan, who has been lobbying for a change in the law since her husband was killed in the August 2006 Kentucky Comair crash.

Kentucky is one of four states that do not allow a surviving spouse to sue for loss of companionship or "consortium." The ironic thing is that the spouse of an injured person may file a lawsuit for this type of damages, but not widows or widowers. The estate may sue for loss of income, and children may sue for loss of companionship, but spouses cannot.

Who Can File a Wrongful Death Suit

Wed, 2 Apr 2008 16:32:55 -0400

Regarding the subject of filing a wrongful death suit there may be some questions in regards to who can or can not file a wrongful death suit. This is a difficult question to answer in general terms because the laws are different from state to state. In certain states, only immediate relatives can file a wrongful death suit whereas in other states non-immediate relatives may be able to file a lawsuit. Of course, if you are contemplating filing a wrongful death suit you should confer with an attorney to determine the viability of a wrongful death suit as you would not get very far filing a claim where you are not entitled to damages.

The Impact of Wrongful Death Suits

Mon, 31 Mar 2008 15:22:18 -0400

How impacting are wrongful death lawsuits? In some cases the impact of a wrongful death suit can be minimal, but in other more high profile cases wrongful death suits can send a ripple through an industry. For example, the various lawsuits that spawned from negligently manufactured automobiles in the 1960's and 1970's led to a significant increase in safety standards. The automobile manufacturers simply do not want to get hammered by a variety of lawsuits so if one manufacturer is hit with millions of dollars in judgments then the other manufacturers will follow in suit. So, it would not be hyperbole to say that wrongful death cases do not have significant impacts on the private sector.

Criminal Cases vs. Civil Wrongful Death Suits

Fri, 15 Feb 2008 15:23:36 -0400

Probably the most famous of all wrongful death cases was the notorious Goldman vs. Simpson case where OJ Simpson was ordered to pay $33 million after being found liable for the death of Ronald Goldman. What was most interesting about this case is the fact that Simpson was found not guilty in the criminal murder case but liable in a wrongful death civil suit. Much of this is due to the fact that in a criminal case guilt must be proven beyond a reasonable doubt whereas the burden of proof in a civil case centers on "preponderance of the evidence". This does not mean wrongful death suits are easy to win rather they are litigated differently than a criminal case.

Legal Basics of Pennsylvania Wrongful Death Lawsuits

Fri, 25 Jan 2008 07:40:08 -0400

Wrongful death lawsuits are very complicated. This statement should not deter you from making a wrongful death claim but should just alert you to what is involved. No wrongful death lawsuit is ever cookie cutter. Sometimes more than one person, product, or company was negligent. Your wrongful death law firm can prove those kinds of intricate details.

Pre-trial, out of court settlements may be construed as common in wrongful death cases simply because the majority of defendants want to avoid the publicity of having caused a death. When out-of-court wrongful death settlements occur, wrongful death damage awards may be reduced when issued by a judge. The plaintiff's release of one defendant frees that defendant from liability to contribute to any other defendant, and waives his/her claim for any contribution from co-defendants. If the released defendant is out of the picture, and the remaining defendant(s) will pay no more than their comparative share of the culpable conduct as found by the jury.

As we said previously, wrongful death lawsuits are complicated. A wrongful death law firm experienced in wrongful death law like Anapol Schwartz can help make sense of the complexities and guide you through the legal maze of a wrongful death lawsuit.

A wrongful death is a death due to someone else's misconduct, carelessness, or negligence. Pennsylvania and New Jersey have a civil wrongful death statute or set of statutes, which establish the procedures for bringing wrongful death actions. Although you are most likely in a state of shock, do not delay in finding a wrongful death law firm to file a wrongful death lawsuit. The last thing you want to happen is to lose your opportunity to do so.

Consider contacting Anapol Schwartz, a wrongful death law firm in Pennsylvania and New Jersey. The attorneys and support staff are always available to answer any questions you may have. We offer free, no-obligation consultations with offices in Philadelphia, Harrisburg, Media, and Reading Pennsylvania, and Cherry Hill, New Jersey.

A respected wrongful death law firm can be your best ally in the complicated maze of wrongful death law.

Wrongful Death Lawsuit: Retaining a Pennsylvania Wrongful Death Law Firm

Thu, 24 Jan 2008 07:33:23 -0400

Many people have lived most of their lives without ever needing a lawyer. (See: http://library.findlaw.com /2000/Apr/1/126707.html) Some people fear lawyers and the cost of a wrongful death lawsuit. Here at the Pennsylvania wrongful death law firm Anapol Schwartz, we want you to know that if you decide to retain us and we decide to be retained - you will not have any out of pocket expenses. Anapol Schwartz would take your case on a contingency fee basis which means if you don't win your case, we do not get paid. You can bet that we are motivated to win.

Now that you can relax about the finances, let's continue.

Just because your loved one died, does not mean that there is a need for a wrongful death lawsuit. There must be evidence of wrong doing, negligence or defect to be considered wrongful death. Anapol Schwartz will start with an interview. You can hasten the process but answering some questions.

Initially we ask you to put down the facts such as your relationship to the deceased plus the deceased's information such as date of birth, age, health background, employment history; whether or not they had a will and the list of survivors.

Under the Pennsylvania Wrongful Death statute, only those who were dependent on the deceased for care and support are entitled to recover damages. Gathering information concerning the survivors or beneficiaries is extremely important. The status of the beneficiary has legal consequences. Information about the survivors is prime importance because it determines who needs to be represented and who does not.

Under Pennsylvania law, if the estate does not bring a timely action within six months of death against the wrong doer under the Pennsylvania Wrongful Death and Survival statutes, the beneficiaries have a right to file a lawsuit on behalf of the estate.

At the initial interview, the wrongful death victim's earning history and support s/he provided to the family should be made known to your law firm. As a beneficiary you will need to obtain copies of tax returns plus information regarding pension plans and other fringe benefits provided to the deceased during his or her lifetime in order to prepare an economic loss report.

Aside from the background and estate information, your wrongful death lawyer must know all the facts about your loved one's death such as which agencies you contacted - police, paramedics, hospital. This creates the foundation for any investigation proving both liability and damages.

Without evidence of wrong doing, negligence, or defect, there is no case. To determine if your loved one died from a wrongful death, please contact Anapol Schwartz, Pennsylvania personal injury/wrongful death law firm with offices in Philadelphia, Reading, Harrisburg, and Media, PA, and Cherry Hill, NJ.

PA Summary of State Wrongful Death and Intestacy Statutes

Wed, 23 Jan 2008 07:36:50 -0400

Here are some common questions and answers about Pennsylvania's wrongful death and intestacy statues. (See: http://www.cybersafe.gov/archive/victimcompensation/law_pa.pdf)

How is the economic portion of the wrongful death award presumed?
The spouse, children, or parents of the deceased may recover in proportion to what they would take under the intestate laws. If there is no spouse, children, or parents, the personal representative can only collect damages on behalf of the deceased (hospital, nursing, medical, funeral expenses, and expenses of administration necessitated by injuries causing death).
See 42 Pa. Stat § 8301(b) (2002).

What are the priorities under intestate laws?
1. If there is a spouse and no children or parents - everything to goes to the spouse.
2. Spouse and parent/s (no children) -- everything goes to spouse. *
3. Spouse and children - The spouse takes half the estate. If the children are also the spouse's, the spouse also takes $30,000. If the children are not, spouse only takes half. Children divide the remainder equally as long as they are in the same generation.
4. Children and no spouse -- the children take all. Shares are divided equally among the children in the same generation.
5. Parents, no children or spouse -- parents share equally.
6. No spouse, no children, or no parents -- brothers, sisters, or their children take all. Shares are divided equally as long as those eligible are in the same generation.
See 20 Pa. Con. Stat .Ann. §§ 2101, et. seq. (2002)

What happens when there are children of different generations?
The estate is divided into as many shares as there are living members of the nearest generation of children to the victim, including deceased children in the same generation who left behind children. Each surviving heir in the nearest generation to the victim receives one share and the share of each deceased person in the same generation is divided among his or her descendants in the same manner.
See 20 Pa. Con. Stat .Ann. §§ 2101, et. seq. (2002)