Articles Posted in Wrongful Death

A 14-year-old girl was killed in a fatal train accident in southwest Philadelphia near the 49th Street Station on the morning of October 8, according to ABC News. Authorities are investigating how the train crash occurred, but they do not believe that it was a suicide.

Railroad employees and train operators must exercise care and diligence to protect the safety of their passengers. Railroad companies are legally obligated to make sure their equipment is properly maintained and that employees are not negligent in their duties. Most transit authorities do not allow their engineers and conductors to operate mobile communications devices on the job. Crossing gates must be in working order and placed in areas where pedestrians and vehicles may cross over the tracks.

Anyone who has been injured or who has lost a loved one in a Pennsylvania train crash would be well-advised to contact an experienced personal injury attorney to determine fault and liability. If you or a loved one has been seriously injured in a train accident, a Pennsylvania personal injury lawyer at Anapol Weiss can help. We will fight for your rights and ensure that you receive fair compensation for all your injuries, damages and losses. We do not charge any fees until we recover compensation for you. Call us today at 866-735-2792 to find out how we can help.

A recent PA Law Blogs post discusses a June 15, 2010 Death Notification Seminar in Conshohocken, PA in which personal injury trial attorney and managing partner of Anapol Weiss, Joel Feldman, Esq., addressed helpful techniques for delivering news of a person’s death with compassion for the bereaved and with concern for the messenger in mind.

Informing family members about a sudden fatal accident that has taken the life of a beloved family member is not something that should be taken lightly. The way in which an individual is informed about a loved one’s death can greatly affect that individual in terms of coping with the loss. The seminar and its speakers, including Joel Feldman, Esq., hoped to offer guests a strong and broad understanding of what the needs are of someone who has recently lost a loved one in a tragic accident. Some of the issues addressed in the seminar related to:

  • Coping Strategies

The following is a guest blog post by the Chicago wrongful death attorneys, Dolan Law Offices:

Former major league player Jim Leyritz has finally resolved half the legal battle that he’s facing as his settlement for the wrongful death lawsuit filed against him by the family of Fredia Ann Veitch has been approved. In December 2007, Leyritz crashed onto Veitch’s vehicle in Fort Lauderdale in Florida. Reports show that Leyritz was driving under the influence of alcohol.

Veitch’s family will receive $250,000 which will be paid by Leyritz’s insurance. On top of that, the former World Series star will pay the family $1,000 monthly for 100 months as documents revealed that Leyritz’s only source of income is his major league pension. His monthly payments to the family will begin next April.

Some lines of work are just inherently more dangerous than others. Construction sites are always dangerous, but depending on what is being built, the danger can certainly vary. As exemplified by a recent 620-megawatt gas-fired power plant explosion in central Connecticut, the severity of construction site accidents can be great, and can often result in significant personal injury or even workplace wrongful death.

A recent CNN.com article talks about an accident that took the lives of five people and injured at least 12 more. Reportedly, a Middletown power plant that is currently under construction was the site of a gas explosion. Officials from Kleen Power Plant explained that workers were purging a natural gas pipeline when the explosion occurred, but offered little explanation as to what caused the incident to occur in the first place. It is estimated that 50-60 workers may have been at the site at the time of the explosion, and urban search-and-rescue teams were sent in to comb the rubble in an attempt to find accident victims. Middlesex Hospital received 11 accident victims from the explosion, and injuries ranged from minor to more severe, with some patients sustaining broken bones and blunt trauma.
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When we walk our children to the bus stop before school, we take for granted that sound judgment has been made in regard to the bus driver selection process. As a recent Los Angeles Times article explains, a driver’s history is often a good indication of future action, and paying attention to that history, at least in this case, could have prevented both injury and the senseless loss of life.

Reportedly, a school bus was involved in a fatal accident after its driver turned in front of and collided with a Honda Civic. The accident resulted in serious injury to the driver and took the life of the vehicle’s passenger. What makes this incident even more problematic is that the driver was previously involved in a cell phone related accident in 1999 in which he ran a stop sign, consequently taking the life of a 2-year old girl.

According to the article, the bus company that employs the man, Student Transportation of America, reasoned that while they knew of a traffic infraction in the driver’s past, they did not investigate it because the statute of limitations for investigations of such driving infractions is only five years. The driver had an otherwise clean driving record, came highly referred from his previous employer, and even completed safe-driver training prior to employment. However, regardless of whether or not such statutes had expired and such an exemplary driving record after the fact existed, one could argue that transporting children is a job that requires a more thorough background check, and that a complete driving record should have been fully taken into consideration.
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We tend to take for granted that doctors and medical professionals can sometimes be wrong and make mistakes. After all, they are human just like we are. However, when protocol is ignored and an individual suffers as a result, the question is no longer why did a doctor not know something; but rather, why that doctor did not do something when they very well should have.

A story featured on pittsburghlive.com discusses a case of medical misdiagnosis that resulted in loss of life. Reportedly, a 51-year-old Fayette County woman, after visiting Uniontown Hospital and complaining of chest pains, was discharged after examination, but then died of a myocardial infarction just five days later. Allegedly, the hospital released the woman with a diagnosis of non-cardiac pain, even though the hospital was made aware of family history which indicated that a heart condition may be likely. Now, the woman’s daughter is filing a wrongful death suit against the hospital, claiming that their negligent care played a determining factor in allowing the mother’s heart condition to claim her.
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Chemical plant employers and managers have the responsibility of ensuring that employees who dedicate their lives working for them are protected from exposure to dangerous levels of chemicals, gases, and other toxic materials. Most of these components are harmless if handled in certain quantities, with specific protection, after receiving adequate training, and when following proper procedures.

A recent startribune.com article discusses the death of a West Virginia chemical plant employee. After being exposed on January 23, 2010 to phosgene, a major industrial chemical that is poisonous at room temperature, the worker died the next day. As a result, the chemical plant has shut down while the federal Occupation Health and Safety Administration investigates a series of leaks, three of which were reported over the weekend and one of which went unnoticed for a full week. A plant spokesman said that the plant is reviewing operating procedures and that there is no immediate plan to start-up production.

According to the Centers for Disease Control and Prevention, phosgene poisoning varies based on the amount of phosgene that a person is exposed to, the route of exposure, and the length of time in which an individual is exposed. Serious damage can be done to the eyes, nose, skin, throat, and lungs from phosgene gas and liquid exposure.
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A 61-year-old man from Derry recently lost control of his vehicle in Westmoreland County. Reportedly, the man had just purchased a 1965 Pontiac GTO and was on his way home when the car suddenly failed to stop, came to rest on railroad tracks, and was then struck by a Norfolk Southern freight train. The operator of the train did attempt to apply the train’s brakes prior to striking the car, but was unable to stop in time. This incident marks the third fatality involving a train to have taken place in Derry since this past summer.

According to Pittsburgh’s ABC affiliate, WTAE-TV channel 4, the man was able to bail out of the vehicle prior to the collision, and was found about 40 yards from the scene of the accident. It was determined that the 61-year-old died at the scene from blunt force head trauma. Police are investigating the accident and trying to determine what exactly went wrong with the vehicle. In accidents where vehicle malfunction plays some sort of contributing factor, it is important to attribute any instance of negligent action to the appropriate party so that they can be held liable for their actions. Although the vehicle involved certainly wasn’t brand new, the man involved in the accident had purchased the vehicle the very day that the accident took place. Whether or not the seller of the car knew that there was something wrong with the vehicle is yet to be determined.
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A recent article from thepittsburghchannel.com reported that a fatal head-on auto collision between a passenger car and a UPS truck in Pennsylvania took the life of the passenger car driver. The UPS truck driver’s condition was not provided but the article stated that he was taken to a local hospital. According to police, the car swerved out of control after skidding on some oil that was on the road.

When auto accidents are caused by foreign substances on the road, such as excessive oil, or by poor road conditions, these factors are unfortunately enough to cause vehicles to lose control, taking an automobile in unexpected directions and resulting in a collision with other vehicles. Head-on collisions in Pennsylvania are some of the most serious auto accidents to take place due to the vulnerability of drivers and front-seat passengers, especially for individuals in small passenger cars who are involved in accidents with larger vehicles like delivery trucks and SUVs.

Suffering serious injuries in an auto accident can lead to a wide-range of expenses that an injured victim may be able to seek compensation for. If another driver’s negligence caused you to suffer injuries in an auto accident, you may be able to obtain the following recompense for:

Dartmouth investigators are examining the death of a 100-year-old woman who was living out the rest of her years in a nursing home. Now the victim’s son is alleging that they had notified the nursing home staff that his mother had been threatened by her roommate who is in her late 90’s and requested that they be separated. The centenarian was found in her bed with a plastic bag tied around her head.

According to the son, his mother told him that her roommate had said, “I’m going to have that bed next to the window.” His mother responded, “Why do you think that?” The roommate then responded, “Because I’m going to outlive you.” After the son asked that they separate them, he was told by the nursing home staff that they were getting along fine.

Chief of operations at the nursing home stated that the roommates were offered a room change twice during the summer, but they both refused. The son said his mother did not want to leave the nursing home because it was where she had lived with her husband for many years prior to his death in 2007. The son also said that as the roommate was being wheeled away she told him, “You’re going to blame me for this … but you’re wrong.” Police have questioned several employees but have yet to name any suspects.
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