Stockton Personal Injury Lawyer - Wrongful Death

Wrongful Death Suit Settled After 8 Years

Shanley Monroe — Tue, 01 Sep 2009 01:12:55 GMT

Anyone who studies literature is familiar with the figure of the “tragic hero”. In mythology, drama, and fiction, readers can easily find an example of an otherwise noble character who has, due to a so-called ‘tragic flaw”, fallen from grace. These characters are sympathetic. They are not villains or bad people, and their likeability makes it difficult for some readers to hold them accountable for their actions. For example, Macbeth may be homicidally ambitious, but, deep down, he's got a conscience. Unfortunately, while readers lack hatred for the tragic hero, they often ignore the minor characters who suffer because of that hero's mistakes. It is, often, very difficult to hold a presumed 'good guy' accountable for his bad acts. However, when it comes to the law, not doing so may cause further harm to an injured person.

This happened in the case of Alan Adams, which recently settled for $5.7 million. Adams was 18 when he was fatally shot in 2001 after allegedly running a stop sign in Stanislaus county in California. After a highway chase, police cruisers rammed his vehicle to stop him. Adams drove in reverse as he tried to flee, but Highway Patrolman Paul Speers shot him twice through the windshield.

In defense of his actions, Speers claimed that he was pinned between Adams' car and his cruiser, and was therefore forced to shoot in self-defense. However, after two eyewitnesses testified that Speers was not pinned between the cars, forensic evidence, including how the shell casings landed and the bullet trajectories, proved that the shots could not have been fired from where Speers was allegedly pinned.

Years after the accident and Adams’ death, the jury awarded $5.5 million to the family which was reduced by 20 percent for the deceased’s comparative negligence.

Obviously, the last thing anyone wants to think about after the death of a loved one is the expense that will result from the death. There are funeral expenses, burial costs, and leftover medical bills to be settled even as the family attempts to cope with grief. In these cases, it is best to consult a personal injury attorney who can handle your case and advise you of your rights.

Trials can become frustrating when opposing parties come up with ludicrous magic bullet theories in order to exempt themselves from liability. You need to focus on the case, not on bills that pile up. Let a personal injury attorney with experience in auto accident litigation help.

As for the case of Alan Adams, no one will argue that Officer Speers was a violent or “bad” person; he was merely an otherwise good person who made a tragic mistake. However, we must never ignore the fact that those who suffer deserve justice.

Originally posted at InjuryBoard by Shanley Monroe

Some People Get It and Some Don't

Lawrence Knapp — Fri, 05 Jun 2009 17:29:19 GMT

The comments people make in response to internet news of tragedy amazes me. Take for example the comments to the article printed BY BETH HUNDSDORFER - News-Democrat regarding the 13-year-old boy who was crushed by an overloaded dump truck. Apparently the company that overloaded the truck knew it, yet failed to lighten the load when asked. Instead they refused. The complaint also brings into question the competence of the truck driver. Anyway, the point is that below the article are the comments and the first one clearly shows someone who understands the purpose of a wrongful death suit and the value of our jury system.

I feel so bad for that family. I hope they get a lot of money. I know money doesn't replace a life but at least it will be an example for other companies regarding negligence.

To me, this person understands that the lawsuit may change the behavior of the defendant and other businesses for the benefit of society. Obviously, a trial lawyer wants to get a great monetary result for the client. But, the benefit the civil justice system provides to society truely is invaluable and underappreciated.

Originally posted at InjuryBoard by Lawrence Knapp

Medical Malpracticed Stockton Californians Cannot Receive Justice

Larry Knapp — Mon, 10 Dec 2007 13:27:27 GMT

This is a great video on the outdated laws in the state of California regarding medical malpractice. While it advocates amending the 1975 cap that was established on non-economic damages so long ago and has not changed since, it does not go far enough. MICRA was established by coercive means, under circumstances whereby the insurance industry held the legislature hostage, using doctors to threaten to leave the state. The lies that were told to the law makers to get MICRA past have been repeatedly been exposed as false. An artificial cap on damages is and should be unconstitutional (several other states have so declared). Unfortunately, the judiciary in this state saw fit to endorse the cap. Hopefully, the public will become enlightened through efforts like this video and the cap will be removed from the books.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Larry Knapp

Woman Files Wrongful Death Lawsuit Against Chico for West Niles Death

Chrissie Cole — Fri, 17 Aug 2007 22:42:55 GMT

A woman has filed a wrongful death lawsuit, seeking $50 million in damages, against the City of Chico for her husband's death who died of West Nile virus last year.

The woman said she considering filing a lawsuit last year and was about to give up when she changed her mind after becoming ill with the virus herself this summer.

While she did not go to the hospital, she claims she was sick at home for four weeks. Her husband, in his 80s, contracted the virus last summer and was hospitalized for several weeks prior to his death in the fall.

He was the second person to die of West Nile Virus last year.

Some neighbors said they thought their area was a West Nile "hot spot" because of a city-owned detention pond that appeared to be an ideal breeding ground for mosquitoes.
They claimed the city had allowed debris to collect at the pond's drainage point, which led to a mosquito problem. Health officials, however, said there didn't seem to be evidence that West Nile was a greater problem in that neighborhood than most other places in the county.

According to the State Department of Public Health, there have been 108 cases of West Nile virus so far this year in California. Five people died.

Originally posted at InjuryBoard by Chrissie Cole