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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What exactly is a wrongful death claim?”

Woman causes husband’s death, sues herself for negligence, wins, then pays herself the money. If one believes the headline, it is true. A closer look reveals the headline is only partially true.

On December 27, 2011, Barbara Bagley lost control of the vehicle she was driving in a Nevada desert and struck a sagebrush, causing her car to flip over. Her husband, who was a passenger in the vehicle, passed away nearly two weeks later as a result of injuries sustained in the crash.

Bagley became the personal representative of her late husband’s estate, meaning she is the person empowered by law to collect her late husband’s assets, pay claims of his creditors, and distribute proceeds of the estate to heirs.

Part of the assets of an estate—depending on the state in which one resides—are proceeds from claims that were filed or may have been filed before or after a person’s death.

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can you sue for in a personal injury case?”

A personal injury attorney who has found himself on the other side of at least two lawsuits—as a defendant—says he does not like the feeling and says lawyers who bring frivolous lawsuits should be sanctioned more often.

During a contentious trial in Queens, New York City in 2013, Dr. Michael J. Katz testified that he took ten to twenty minutes, on average, to conduct an examination of a patient. The plaintiff’s lawyer in the case “unveiled a surreptitiously recorded video [of Dr. Katz’s examination of the plaintiff] that lasted six minutes,” leading Judge Duane Hart to call Dr. Katz a “no good liar,” a “thief” and a “spy” with “little beady eyes,” according to Forbes.

Lawyer and blogger Ed Turkewitz reported accurately on what happened between Katz and Judge Hart, but he also “teed off on insurance doctors who perform ‘quickie exams that serve only to deny benefits to the injured[,]’” according to Forbes.

Katz sued Turkewitz, claiming that his blog post falsely implied that Katz had committed perjury. Turkewitz answered, claiming he had reported on the case accurately, and a judge agreed, dismissing Katz’s lawsuit.

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Woman representing late husband’s estate sues herself over accident that killed him

Even personal-injury lawyers are against frivolous lawsuits