wrongful death lawsuit

Debunking Wrongful Death Lawsuit Myths in North Carolina

February 27, 2019 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What exactly is a wrongful death claim?”

The loss of a loved one is often a time of intense grief and sadness. These feelings are only magnified when a loved one’s death is caused by the negligence or wrongful act of another. In these instances, there are legal remedies available to the surviving family members. A wrongful death lawsuit is an avenue for the surviving family to collect compensation for their loved one’s wrongful death. However, sometimes family members are reluctant to reach out to a wrongful death attorney to learn more about the options available to them. The following are common myths surrounding wrongful death lawsuits that can prevent grieving loved ones from pursuing the compensation they deserve:

Wrongful Death Action Filed in Duck Boat Accident

August 22, 2018 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What exactly is a wrongful death claim?”

Imagine being on a family vacation. You are enjoying each other’s companyand the local attractions. The last thing on your mind is a tragic accident claiming the lives of nine of your family members. For one woman, this became reality. A tragic duck boat accident claimed the lives of 17 people after it sank on a lake near Branson, Missouri. This has resulted in a wrongful death suit being filed against Ripley Entertainment, the owner of the duck boat. The suit has been filed on behalf of the estates of three of the victims, but other families are expected to join the suit, according to CNN.

Oklahoma Supreme Court Rejects Workers’ Comp Law Catering To Special Interests

February 7, 2018 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What if my employer doesn’t have workers’ comp insurance or doesn’t file the claim?”

We routinely hear that special interest groups exert outsize influence on legislation. Whether at the local, state or federal level, those industries with money to spend and lobbyists to hire are able to profoundly influence laws that govern us all. Though we might hear about this as a general area of concern, it is not often that we have specific examples of this playing out. One recent case in Oklahoma that made it all the way to the state Supreme Court did just that, revealing the power of certain moneyed special interest groups and the importance of an active judiciary to keep that power in check.

Family Reaches $15 Million Settlement with City After Daughter Dies from Peanut Exposure

November 8, 2016 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “Are the laws or rules applying to a wrongful death claim different from a personal injury not involving death?”

The family of the 13-year-old girl who died three (3) years ago after eating an unlabeled Rice Krispies Treat laced with peanut butter has reached a $15 million settlement with the City of Sacramento.

Jury Hands Down $142 Million Judgment To Send A Message

June 28, 2016 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “Can I wait a few months to pursue a personal injury claim?”

A jury in Texas recently handed down one of the largest personal injury verdicts of the year, though there’s little chance the victims will receive much money from the defendant. The case illustrates how juries sometimes use verdicts to send messages, doing more than just compensating victims for their specifically identified injuries.

Daughter of actor Paul Walker sues Porsche over father’s death

October 8, 2015 | AS Personal Injury Lawyers

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

It has been nearly two years since the untimely death of actor Paul Walker. Best known for his role as Brian O’Conner in the “Fast and the Furious” franchise, Walker was killed in a car crash in Santa Clarita, California in November 2013.

Grocery chain responsible for boy’s food-allergy death, lawsuit claims

March 26, 2015 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What if a loved one dies from the injuries sustained in a serious accident while the case is pending?”

A family whose eleven-year-old son passed away last year after eating a chocolate-chip cookie from a Publix Super Market in Clarksville, Tennessee is suing the grocery chain seeking unspecified damages, according to the Daily Mail.

Gym-mat death spawns two million-dollar lawsuits, so far

February 26, 2015 | AS Personal Injury Lawyers

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

The death of a Georgia teen found in a rolled-up high school gym mat two years ago has spawned both a $100-million wrongful-death lawsuit and a $1 million defamation countersuit by three defendants in the wrongful-death action.

Kenneth and Jacquelyn Johnson filed the wrongful death suit against thirty-eight defendants after their 17-year-old son, Kendrick Johnson, was found dead in a rolled-up gym mat at his Valdosta, Georgia high school in January 2013. Johnson was found upside-down in the matt, which was rolled up and stacked vertically, in what officials have insisted was a freak accident, according to the Valdosta Daily Times.

In the lawsuit, the Johnsons suggest that Federal Bureau of Investigations agent Rick Bell and his two sons—Brian and Branden—were responsible for Kendrick Johnson’s death.

The Johnsons filed suit in Superior Court in DeKalb County, Georgia near the second anniversary of their son’s death. In their lawsuit, they alleged that the Bell brothers sought revenge against Kendrick after one of the boys fought with him. The Johnsons alleged that the boys’ father, Rick, commanded them to assault Kendrick Johnson.

Pop Warner youth-football-concussion law suit first of many, lawyer says

February 10, 2015 | AS Personal Injury Lawyers

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

Joseph Chernach started playing in a Pop Warner football league in 1997, when he was eleven-years-old. By the time he stopped playing three years later, his brain had been so badly damaged by repetitive trauma that as a young man, he developed a form of dementia only normally seen in much older adults.

Chernach’s troubles began during his sophomore year at Central Michigan University. His mother, Debra Pyka, told the Daily Mail that Chernach’s behavior began to grow “increasingly bizarre.” Eventually, he stopped attending university classes and began living with his brother and some friends.

“He just could not stay in one place at once,” Pyka said. Chernach became moody, paranoid and distrustful even of close friends and family. On June 6, 2012, he committed suicide in his mother’s shed. An autopsy revealed that Chernach had suffered from a degenerative brain disease known as chronic traumatic encephalopathy and post-concussion syndrome.

Following Chernach’s death, Pyka brought a wrongful death lawsuit against the organizer of the youth football leagues where she claims her son sustained his brain injuries.