Recoverable Damages for Wrongful Death Claims in Florida

Author: David Lewis

Guest Editor: Tiffany Rouhi

October 1, 2018 10:00am

In Florida, a civil lawsuit may be brought as a result of the death of an individual caused by the willful or negligent conduct of another.  Wrongful death actions differ from your typical negligence action with regard to standing requirements and recoverable damages.  This article discusses the elements of a wrongful death cause of action, and the damages available to the plaintiff.

Pressing Pause: Vehicular Manslaughter Criminal Prosecutions and Simultaneous Wrongful Death Suits

Author: Katie Greenbaum

Guest Editor: Sarena Kustic

July 9, 2018 9:00am

A variety of criminal acts can be the basis of civil suits for damages. When defending a civil action with potential criminal charges, or an unresolved criminal case, defense handling can get complicated. Specifically, when a civil plaintiff notices the deposition of a defendant who potentially risks self-incrimination. Often, motor vehicle-related deaths result with both a criminal prosecution for vehicular manslaughter and a civil suit for wrongful death. In light of potential criminal charges, it is critical for civil defense counsel to monitor the statute of limitations and delay the civil action accordingly.

A Case Study on Conflicts of Interest- Attorneys Disqualified Based Upon Former Client Representation

Author: Kyle Jones

Guest Editor: Tiffany LeMelle

April 4, 2018 9:40am

Division 1 of the Washington Court of Appeals recently decided a case affecting insurance defense attorneys in their representation of appointed clients. In the matter of In re: Estate of Taylor Griffith, the court considered the interplay between notices of appearance and conflicts of interest under Rules of Professional Conduct Rule 1.9.

Court of Appeal: UC Regents Entitled to “Trail Immunity” in Connection With Student’s Death

Author: Morgan Van Buren

March 1, 2016 4:47am

The California Court of Appeal recently affirmed the lower court’s granting of summary judgment to the Regents of the University of California (“Regents”) in a case arising out of a tragic bicycle accident that occurred on the Great Meadow Bikeway located on the campus of the University of California, Santa Cruz (“UCSC”). The case – Burgueno v. Regents of the University of California (2015) WL 9700324 – strengthens governmental immunity for injuries sustained on property open to the public for “recreational purposes.”

Wrongful Death and Recoverable Damages

March 1, 2016 2:04am

Wrongful death actions occur when someone is killed by another person’s negligence or misconduct. In California, the cause of action for wrongful death is a statutory remedy. (C.C.P. § 377.60.) C.C.P. § 377.61 defines the types of damages which may be recoverable in a wrongful death action. Damages in a wrongful death action are measured by the situation existing at the time of the act. (McLaughlin v. United Railroads of San Francisco (1915) 169 Cal. 494.) Compensable damages in a wrongful death action include 1) loss of contributions and services, 2) loss of society, comfort and protection, 3) funeral and medical expenses, and 4) grief and suffering.

OCTOBER: California Case Law Updates

October 2, 2015 4:31pm

PERSONAL INJURY Melendrez v. Ameron International Corp., 2015 WL 5453873 Facts: Mary Melendrez and her children (collectively, “Plaintiffs”) filed a wrongful death action against Ameron International Corp. (“Ameron”), the former

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