Articles Posted in Wrongful Death

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Charlotte Personal Injury Attorney Matt Arnold answers the question: “Are the laws or rules applying to a wrongful death claim different from a personal injury not involving death?”

The death of a loved one is not something that anyone wants to think about. Suddenly, you are plunged into a world of funeral arrangements, paying medical bills, and trying to emotionally recover from the loss. This devastation can be compounded when the death is caused by the negligence or wrongful act of another. In North Carolina, when the death of another is caused by the negligence or wrongful act of another, there is the potential to bring a wrongful death action and receive compensation. Wrongful death actions sometimes have a bad reputation, however, and many people have incorrect misconceptions about filing suit. The following are misconceptions about wrongful death actions and why those misconceptions are incorrect.

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Charlotte Personal Injury Attorney Matt Arnold answers the question: “What if a loved one dies from the injuries sustained in a serious accident while the case is pending?”

The hospital is supposed to keep you safe and help you heal from whatever medical emergency or problems you are having. However, hospitals are not immune from making mistakes and, sometimes, can cause the death of a patient. Depending on the circumstances of the death, the victim’s loved ones may be able to file a claim for wrongful death. If the death of your loved one is caused by the negligence or wrongful act of another, the personal injury attorneys at Arnold & Smith, PLLC are here to help.

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Charlotte Personal Injury Attorney Matt Arnold answers the question: “What exactly is a wrongful death claim?”

Imagine being on a family vacation. You are enjoying each other’s companyand the local attractions. The last thing on your mind is a tragic accident claiming the lives of nine of your family members. For one woman, this became reality. A tragic duck boat accident claimed the lives of 17 people after it sank on a lake near Branson, Missouri. This has resulted in a wrongful death suit being filed against Ripley Entertainment, the owner of the duck boat. The suit has been filed on behalf of the estates of three of the victims, but other families are expected to join the suit, according to CNN.

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Charlotte Personal Injury Attorney Matt Arnold answers the question: “What exactly is a wrongful death claim?”

While testing out their new self-driving cars, Uber became the center of some controversy. The self-driving car struck a pedestrian and killed her. There was a ‘safety driver’ in the vehicle, but the driver did not prevent this or intervene to stop the crash, according to The Verge. One of the biggest questions surrounding this scandal is why the driver did not intervene when she should have seen a person crossing the road.

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Charlotte Personal Injury Attorney Matt Arnold answers the question: “What information will be helpful for my nursing home negligence claim?”

The United States Supreme Court has ruled on a case that could affect nursing home claims all across the country. In Kindred Nursing Centers, L.P. v. Clark, the court reversed a lower court decision that rejected an arbitration agreement between the nursing home and the residents of the nursing home.

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Charlotte Personal Injury Attorney Matt Arnold answers the question: “Are the laws or rules applying to a wrongful death claim different from a personal injury not involving death?”

A recent case decided by the Massachusetts Supreme Judicial Court was watched by many in anticipation of a ruling. The Court’s ruling could impact universities all around the country. A wrongful death suit against a university and some of its staff would determine the liability a university faces in the event of suicide by one of their students.

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Charlotte Personal Injury Attorney Matt Arnold answers the question: “What exactly is a wrongful death claim?”

People may be vaguely aware of the notion of immunity, that certain people are legally protected from being sued for their actions. Often this immunity surfaces in cases involving police officers who are generally shielded from personal liability as a result of performing their government sanctioned job. Though the liability does not extend to cover every situation, it is rather broad and can limit or totally eliminate the money that injured individuals can collect from an otherwise responsible party.

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Charlotte Personal Injury Attorney Matt Arnold answers the question: “What if my employer doesn’t have workers’ comp insurance or doesn’t file the claim?”

We routinely hear that special interest groups exert outsize influence on legislation. Whether at the local, state or federal level, those industries with money to spend and lobbyists to hire are able to profoundly influence laws that govern us all. Though we might hear about this as a general area of concern, it is not often that we have specific examples of this playing out. One recent case in Oklahoma that made it all the way to the state Supreme Court did just that, revealing the power of certain moneyed special interest groups and the importance of an active judiciary to keep that power in check.

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Charlotte Personal Injury Attorney Matt Arnold answers the question: “What can you sue for in a personal injury case?”

Not long ago we wrote about the string of losses faced by consumer products giant Johnson & Johnson. The company had been on a streak, losing several cases in a row that set J&J back hundreds of millions of dollars. Unfortunately for those who have been injured by J&J products, that trend may now have ended, with the company securing an important win before a Missouri appeals court last month.

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Charlotte Injury Lawyer Matt Arnold answers the question: “Do I have to pay taxes on a settlement or jury award in a personal injury case?”

Those in Florida who have suffered serious personal injuries due to the negligent or reckless action of doctors can rejoice after a recently issued state Supreme Court ruling. While other states debate passing new and more strict damage caps, those in Florida have come under intense fire from a skeptical judiciary. Though doctors, hospitals and insurance companies may complain, victims of medical malpractice and their advocates say the recent ruling tossing out damage caps is cause for celebration.