She also claimed that the new section did not affect her constitutional right to pursue a wrongful death claim
, which is based on injury to the heirs of the decedent and not solely on injuries to the decedent.
In a 6-2 decision, the state Supreme Court ruled August 21 that Tucker has the right to file a wrongful death claim
While one would expect defenses to an action by the decedent to be available against the "derivative" wrongful death claim
, the Fourth District held an insurance exclusion limited to the deceased did not apply to the personal representative.
In Paton, TC Memo 1992-627, the court ruled that even though the settlement documents for the payment did not mention any wrongful death or other tort-type claim, the company's intent was to settle a wrongful death claim
The Jeanette Maples wrongful death claim
sought $1 million in noneconomic damages for Anthony Maples' loss of his daughter's "society, love and companionship.
Though the court recognized that there can be but one recovery in such cases, it was not unmindful of the defendant's contention that in permitting a plaintiff to present evidence in support of a survival claim and a wrongful death claim
when the issue of causation is disputed, a defendant may be subject to potential prejudice by the possibility that a jury might conflate the differing elements of damages from each claim in rendering a single verdict.
Gannon filed her wrongful death claim
more than five years after the alleged negligent failure to diagnose the patient's condition.
BURBANK - The family of an Israeli man shot to death last summer by undercover narcotics officers after he hit one of them with his car has filed a $51 million wrongful death claim
The estate of a deceased inmate filed a [section] 1983 action alleging that a county violated the inmate's constitutional right to medical care and supervision, and asserting a wrongful death claim
Steve Waldman has over 29 years of experience representing personal injury and wrongful death claim
Muller's survivors filed a wrongful death claim
last week in Lane County Circuit Court.
Heritage settled the Brooks' family's wrongful death claim
But for the fact that there was a wrongful death claim
in the case at bar, the lower court might have been correct in transferring venue.
Adams misappropriated and spent a $50,000 settlement from a 2004 wrongful death claim
filed by the woman's estate.
PALMDALE - A Palmdale woman whose infant daughter was placed in foster care after birth and died six weeks later has filed a wrongful death claim
against Los Angeles County.