A 76-year-old mother of eight was driving down a highway when she encountered a rut in the roadway causing her to loose control of the car and flipping. The accident resulted in fatal injuries to the plaintiff. The Glorioso Law Firm proved that the depth of the rut was greater than national standards and even the highway department’s own standards. The jury awarded $1,000,000 in the case.
Wrongful death and survivor action laws are separate and distinct. Each arises at a different time and addresses itself to the recovery of damages for totaling different injuries and losses. Wrongful death action can be the result of a car accident, negligence or medical malpractice. A wrongful death action comes into existence upon the tort victim’s death and serves to compensate a certain class of persons for the loss occasioned by the wrongful killing of the decendent. The beneficiary’s action compensates for their own personal losses, both economic and emotional, suffered as a result of the tort victim’s death. A wrongful act can be due to neglect or something intentional like:
- Careless or reckless driving, including drunk driving, that results in the death of someone
- Death caused by defective or dangerous product
- Medical Malpractice
In addition to Wrongful Death, there is another suit that can come forth and that is Survivor Action. The survival action in a suit comes into existence simultaneously with the existence of tort and is transmitted to beneficiaries upon the victim’s death. This action permits recovery only for the damages suffered by the victim from the time of injury to the moment of death. An example of survivor action would be a victim who is injured in a car wreck due to a defendant’s negligence and files a lawsuit, but dies before the suit is settled or resolved. In this case, the victim’s estate may take over the case against the defendant. If a family member died as a result of wrongful death, let our family fight for yours so you can receive the justice you deserve.
$2,000,000 - Aviation crash of C-130
Plaintiff, pilot and crew were following then current operations manual when on take off an outboard engine, designed to go to a flat pitch, actually went into reverse. The flight manual, developed by the manufacturer required the pilot to attempt to fly rather than abort. The plane rolled on take off and crashed inverted. The case was settled during jury selection. Plaintiff’s evidence resulted in the flight manual being changed and the outboard engine cables being redesigned.
$750,000 - Construction Accident, Premises Liability, Wrongful Death
A construction worker who had assembled scaffolding and was working on a big piece of rotating equipment was killed when his safety harness was accidently hooked by a 2 inch protruding cap on the equipment. The Glorioso Law Firm argued that the cap was a defect on the equipment and that no notice was given about the cap. The defendant argued that the scaffolding was improperly erected and assembled by plaintiff and therefore the plaintiff was at fault for his death. The Glorioso Law Firm received $750,000 for the deceased man’s family.
$500,000 - Automobile Accident, Wrongful Death
A gentleman from Mississippi was traveling along a highway when another vehicle entered the intersection hitting plaintiff’s vehicle and causing fatal injuries. The Glorioso Law Firm argued that the defendant driver ran a stop sign and caused the accident. There was a witness who testified that the stop sign was knocked down by a previous storm and that plaintiff was speeding. The defendant driver argued that he stopped at the intersection and that plaintiff was speeding. The Glorioso Law Firm filed the lawsuit against both the driver and his employer claiming that the defendant driver was in course and scope of his employment. The employer argued that the driver was off duty at the time of the accident. This case was resolved before trial for $500,000.
$300,000 - Automobile Accident, Wrongful Death
A man was riding on the back of a trailer participating in a parade when the vehicle behind him suddenly ran into and up onto the trailer causing fatal injuries. The Glorioso Law Firm successfully argued that the defendant driver and passenger were both negligent for the accident. The defendant driver plead the 5th amendment and refused to answer any questions under oath. He had a minimum insurance policy. The defendant passenger aggressively argued that she was not at fault. The case was resolved for $300,000.