Wrongful Death

CALIFORNIA AND NEVADA WRONGFUL DEATH ATTORNEYS

Our bus accident and transportation team successfully recovered wrongful death damages in the amount of $1,139,700 on behalf of the seven adult children of a sixty year old mother killed when the bus she was taking from Arizona to Mexico experienced brake failure as it descended a freeway off ramp in Phoenix. The high speed crash also killed the driver and severely injured several other passengers. The bus company had a principal place of business in Los Angeles, and the lawsuit was successfully filed and kept in Los Angeles Superior Court. Shortly after the lawsuit was filed the defendant company declared bankruptcy. Plaintiffs obtained a relief from the bankruptcy stay by stipulating that the amount of any recovery would be limited to the amount of the insurance policy limits of 5 million dollars. As the case progressed through discovery, the bankruptcy attorney for the Trustee filed an interpleader claiming that the insurance proceeds were assets of the estate. Our attorneys immediately recognized that the interpleader, if unopposed, would significantly diminish the policy limits because bankruptcy laws gave the Trustee and the bankruptcy attorneys priority of payment over the injury claimants, and filed an opposition to the interpleader complaint. The settlement was negotiated while a ruling on the opposition was pending.

The accidental loss of a loved one in a fatal accident is devastating to the survivors. If you and your family are struck by the sudden loss of a loved one, working with the right wrongful death litigation attorneys can at least help you make sense of the legal and financial ramifications of your loss.

Our experienced and compassionate wrongful death lawyers have successfully represented husbands and wives, and sons and daughters of those killed in fatal accidents of all types, including car accidents, medical mistakes, and defective products. During such a difficult time, you should not have to face a wrongdoer, corporation or insurance company alone. We will help you secure financial compensation to assist with expenses related to your loss, replace lost wages, and secure the financial future of you and your family.

Wrongful or accidental death can occur for a variety of circumstances. If you have lost a loved one because of someone else’s negligence or malice, our wrongful death attorneys will help you hold the people responsible for your loss accountable for the damages caused to your family. We will make sure the responsible insurance company or corporation is accountable and the jury understands the impact of your loss.

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EXAMPLES OF OUR SUCCESS

Defective Industrial Machine – $10,000,000 Settlement

Our wrongful death attorneys obtained a settlement of $10,000,000 as the result of the wrongful death of an Oakland business executive who was killed by accompanying a salesman during a test-drive of a self-propelled scissors lift. When extended to its full height, the lift could reach 18 feet. During the test drive, the machine toppled over, killing our clients’ husband and father. Our attorneys proved that the machine, which was ordinarily used indoors for tasks like painting and window replacement was not equipped with proper tip-over protection or a wide enough wheelbase. Our attorneys utilized specialized engineering experts and forensic economists in order to obtain proper wrongful death compensation for the surviving wife and two children of the man who was killed. The recovery was achieved in a mediation, shortly before the scheduled trial date. The amount recovered included compensation for the loss of a husband and father’s love, care and society, as well as the present value of his future earnings.

Defective Car Seat Belt – $5,769,000 Jury Verdict

Our wrongful death trial lawyers obtained a jury verdict in Los Angeles Superior Court of $5,769,000 against Honda Motor Corporation on behalf of the surviving wife and two children of a 43-year-old man killed when his seat belt failed to properly restrain him in a low speed accident. The collision, which produced only minor damage to his vehicle, nonetheless resulted in fatal injuries when his seat belt fractured his ribs, punctured a lung, and lacerated his spleen. The other driver in the accident was not hurt. Using experts in the field of car engineering and design, forensic economists, and medical experts, our wrongful death trial lawyers showed that the design of the car was faulty, and caused the wrongful death. The verdict followed a three week trial, and at the time, was one of the largest in California for an automobile seat belt defect. The recovery included compensation to the heirs for the loss of the love, care and society of the decedent, as well as a sum to compensate them for his lost future earnings.

Death of husband and father - mismatched car and trailer - $5,250,000 settlement

Our product liability lawyers negotiated a cash and annuity settlement having a present value of $5,250,000 on behalf of the surviving widow and two minor children of a 42-year-old fire captain who was killed when his SUV rolled over on Highway 50 while pulling an "Ultralight" travel trailer. Plaintiffs claimed that the defendant motor home retailer inappropriately sold the family a trailer which was too large to be safely pulled by their small SUV. Plaintiffs also claimed that the retailer failed to advise them that if the travel trailer were loaded to its maximum capacity (as specified by the trailer manufacturer) the trailer would weight 1,400 pounds more than the maximum weight recommended by the SUV manufacturer. While traveling on Highway 50, passing a semi-truck, the trailer was hit by a gust of wind causing it to fishtail, go out of control, and roll over, pulling the towing SUV with it. Defendants claimed that had the decedent read the owner's manual for his vehicle and the trailer he would have observed warnings in both manuals regarding overloading, and, by weighing the vehicles he could have avoided the situation which produced his death. The settlement was reached after three mediations.

Vehicle Collision – $3,000,000 Settlement

Our automobile accident wrongful death attorneys obtained a settlement comprised of both cash and future annuity payments, having a present cash value of over $3,000,0000, on behalf of the survivors of a 42-year-old man who was fatally injured when his truck struck a guardrail at a rural bridge crossing. On the morning of his death, the decedent’s pickup truck drifted across the center lane of a two lane road. After correcting back into his own lane, he struck and slid along a metal guardrail, which led to a bridge abutment. As he approached the bridge, there was a gap between the guardrail and the bridge rail. At the point of the gap, the front of the truck struck the abutment, which impaled the vehicle and its driver. Our wrongful death team demonstrated that the guardrail and bridge were not built in accordance with the original plans or specifications. The recovery included the future value of the decedent’s wages, benefits and household services, as well as a sum to compensate his heirs for the loss of his care, comfort and society.

Private Plane Crash – $3,000,000 Settlement

Our aviation team obtained a settlement in the amount of $3,000,000 on behalf of the surviving wife and two young children of 45-year-old missionary who died in a plane crash while doing missionary work in Mexico . While traveling from one village to another, a cam shaft gear failed in the plane’s engine. The plane crashed, resulting in his death. Our attorneys successfully brought a wrongful death claim against the makers of the engine and its component parts. The recovery included an amount to compensate the heirs for the loss of the decedent’s care and love, as well as his future earnings. The case was settled at mediation.

Airport Shuttle Collision – 2.5 Million Wrongful Death Settlement

Our transportation negligence team negotiated a settlement in excess of $2,500,000 on behalf of a passenger who was riding in an airport shuttle bus with his wife from SFO to San Francisco when the shuttle collided with a fixed object, injuring him and killing his wife. Our lawyers demonstrated that the shuttle driver was inattentive and failed to comply with the duty of care imposed by California common carrier law. The husband was rushed to the hospital where he was treated for 12 rib fractures, lacerations, a degloving hand injury, nerve damage, and significant swelling. He developed bilateral pleural effusions and lymphedema, and overwhelming grief from the loss of his wife. Past and future economic damages were estimated to exceed $1 million. The settlement was achieved following the filing of suit and the conduct of factual discovery.

Construction Site Fall – $2,000,000 Settlement

Our construction litigation team obtained a cash and annuity settlement with a value in excess of $2,000,000 on behalf of the survivors of a sheet metal worker who fell four stories to his death through a defective scaffold railing at a construction site near San Francisco . The decedent was working as an independent contractor on a re-roofing project at a large private residence. Our attorneys demonstrated that the building, which had been entirely scaffolded by a subcontractor, was in an unsafe condition. Using experts in construction site management, scaffold erection, and forensic economics, our wrongful death attorneys proved that the scaffold and its cross-arms has not been properly secured and that it was this error which resulted in the decedent’s death. The recovery included economic damages exceeding $1,000,000, representing the loss of future salary, benefits and household services of the decedent.

Police Misconduct – $1,500,000 Settlement

Our wrongful death specialists negotiated a settlement in the amount of $1,500,000 against a local police department for the wrongful death of a bank executive who was mistakenly arrested for being drunk in public. In fact, the decedent had fallen and suffered from a subdural hematoma. Under the police department’s then-existing policy, “suspected drunks” were placed in holding cells until they sobered up. After the deceased could not be roused after five hours in a district station, medical personnel were summoned, but it was too late to prevent his death from global brain damage. Our attorneys recovered pre-death medical specials of $300,000, plus an amount to compensate the surviving heirs for the decedent’s lost future earnings in his occupation as a bank vice president at a national financial institution.

Failure To Treat Elevated Blood Pressure – Death of Mother

Walkup injury and death attorneys, working with expert medical witnesses in the fields of emergency room medicine and internal medicine, recovered $950,000 on behalf of surviving the husband and daughter of a 37 year-old school teacher who died from untreated hypertension. The decedent had given birth to a baby daughter just days before presenting to Defendant’s emergency department with dangerously high blood pressure. The cause of the blood pressure was left untreated. Depositions of the nursing staff revealed that they tried but failed to warn the physician on duty of the elevated blood pressure. The failure to treat the condition ultimately resulted in a massive intracerebral hemorrhage and brain death. Following percipient witness discovery, The case settled after two mediations. Non-economic damages were limited to the artificial and unfair California MICRA $250,000 cap. The survivors claimed in excess of 1,000,000 in lost support. Walkup lawyers structured the settlement so that the proceeds apportioned to the infant daughter were paid monthly via a tax free annuity over the course of her life.

Contact Walkup, Melodia, Kelly & Schoenberger for a FREE CONSULTATION with an experienced and compassionate wrongful death attorney.