Wrongful Death

October 5, 2018

North Carolina Appellate Court Concludes that Victims of Fatal Motorcycle Crash are Entitled to Per-Accident UIM Coverage Instead of Lower Per-Person Coverage

Motorcycle accidents can lead to some of the most debilitating injuries. In the worst cases, the victim loses his or her life as a result of a driver’s negligence. As competent North Carolina motorcycle accident lawyers, we have assisted countless individuals with understanding their right to compensation after losing a loved one in an unnecessary and tragic crash. One of the most challenging aspects of resolving the situation is negotiating with insurance companies, who don’t always have your best interests in mind. While you and your family are coping with the sudden tragedy, we will work with insurance companies to fight for your rights and to protect your interests.

A recent North Carolina appellate opinion discussed the applicability of insurance in a crash that involved a motorcyclist and his passenger. The driver of a passenger vehicle containing three passengers lost control of her vehicle, which then collided with the victim’s motorcycle. The motorcycle rider and his passenger died as a result of the crash.

The defendant’s policy provided liability insurance with limits of $30,000 per person and $60,000 per accident. The insurer distributed the coverage to the passengers in the passenger vehicle and to the estates of the motorcyclist and his passenger. The victims’ estates received $17,928 each. The victim also had an insurance policy that provided underinsured motorist coverage with a limit of $100,000 per person and $300,000 per accident. The policy was distributed to the victims’ estates in the amount of $82,072 each. Ultimately, each estate received a total of $100,000 for both policies, which comprised the per-person limits of the underinsured motorist policy for the victim’s insurance.

December 6, 2017

No Wrongful Death Liability in North Carolina for Speed Study

by Maurer Law

In a recent North Carolina car accident decision, a plaintiff filed a claim for damages against the North Carolina Department of Transportation under the Tort Claims Act. He asked for damages of more than $1 million. He claimed that the DOT’s employees were negligent in maintaining, designing, and installing the right safety mechanisms or warnings and speed limits in a curve on a road next to a pond.

The Deputy Commission entered a denial of the plaintiff’s claims. The plaintiff appealed, and the Commission amended its decision. However, a majority of the commission affirmed the denial.

The case arose when the plaintiff was bringing firewood to a home at the end of a two-lane residential road in a rural area. There was a short straight section at the start of the road with a double curve around the pond. At the time, there weren’t warning signs for the double curve or the 90-degree turn.

November 1, 2017

Car Accidents and Wrongful Death in North Carolina

by Maurer Law

A 44-year-old woman was involved in a Charlotte car accident that resulted in the death of another driver. The accident happened at night on Freedom Drive. A man was making a U-turn on Freedom Drive when the woman’s white Chevy Silverado hit the passenger side of his car and sent it into the outbound lanes. He was taken to the hospital and was later pronounced dead. The woman and the passenger in her car weren’t injured.

The woman was speeding, and after she hit the decedent’s vehicle, she drove off the road and hit a utility pole. Power lines fell, and the pole split. The woman was charged with involuntary manslaughter, careless driving, reckless driving, and speeding.

If a loved one is involved in a car accident caused by someone else that results in his or her death, you may be able to bring a wrongful death lawsuit against the at-fault driver. Wrongful deaths in North Carolina are those caused by someone else’s fault, neglect, or wrongful act. The decedent must have had the right to sue for his own injuries had he survived. A wrongful death lawsuit is brought to put the surviving members of the decedent’s family into the same financial position in which they would have been if the decedent hadn’t died. It is wholly separate from a criminal proceeding for manslaughter or murder that may also be brought by a prosecutor.

September 13, 2017

Wrongful Death Lawsuit After a Construction Site Accident in North Carolina

by Maurer Law

In a recent North Carolina wrongful death case, a decedent’s estate appealed from a summary judgment in favor of a building company. The decedent was an employee of a steel company that had subcontracted with a building company to install structural steel at a construction project.

The steel company’s employees left a 700-pound beam of tube steel on steel pads or saddles that were welded onto vertical steel columns. The employees attached the beam to a center mounting tab situated on the columns. However, the workers didn’t weld the ends of the beams to the saddles. The steel company’s employees loosened the center bolts, causing the beam to fall 12-15 feet. The beam crashed into machinery, bounced off the concrete, and hit the decedent in his head, neck, and upper back.

Ambulances arrived at the construction site, and the decedent told the emergency responders that the lower half of his body was numb. The emergency responders took him to the ER, where he was diagnosed with an acute, serious injury to his spine. He was paralyzed below the neck and suffered severe pain. In spite of several surgeries to remove the shattered bone from the decedent, he eventually died.

September 6, 2017

Wrongful Death of North Carolina Pregnant Patient After Delivery

by Maurer Law

In a North Carolina wrongful death decision, the plaintiffs were the parents of a pregnant woman who died. The decedent found she was pregnant with her first kid in 2012. She became a patient of the defendant, a member of an alliance of providers providing obstetrical care. The defendant entity had five physicians who were involved in treating the patient.

The doctors diagnosed her with lupus during the prenatal period. In her third trimester, she complained of cramping, and the doctors found her blood pressure was elevated, and her urine contained protein. She was sent to a medical center to be evaluated for potential preeclampsia. Her doctor at the medical center conducted tests that showed she was suffering from severe thrombocytopenia, hemolysis, and elevated lactate dehydrogenase.

The medical center doctor consulted with the woman’s obstetrician, and they agreed they should induce labor and deliver the baby once her platelets stabilized. She gave birth to a son without complications. That morning, another doctor took over and diagnosed the patient with HELLP syndrome. A transfusion of red blood cells was ordered. The patient’s blood pressure rose, and another transfusion was ordered. A third one was ordered later.

August 9, 2017

Wrongful Death Due to Assault in North Carolina

by Maurer Law

In a recent North Carolina wrongful death case, the 23-year-old decedent was punched in the face by a 25-year-old assailant and taken to two hospitals. In 2010, he died from his injuries. The decedent’s brother sued the defendant.

The two men had gone to a club in September. They were good friends. The defendant got to the club at around 10 pm and called the decedent to tell him so. The defendant planned to talk to the decedent about something that happened months earlier when the defendant’s sister and the decedent had both gone to the same party. The sister had told the defendant that the decedent had made unwanted sexual advances toward her at that party. The defendant didn’t know if this was true.

The decedent got to the club at around 11 with his brother, the plaintiff, as well as his sister, two friends, and the son of one of the friends. The son testified he heard the phone conversation between the decedent and the defendant. While they were on the way to the club, the decedent talked to another man on the phone, which may have been the defendant.

April 5, 2017

Wrongful Death and Intentional Infliction of Emotional Distress in North Carolina

by Maurer Law

In an interesting 2016 North Carolina appellate case, the plaintiffs appealed a dismissal of their complaint against a hospital and university health care system. The case arose when a man was admitted to the hospital complaining of abdominal pains. He was married to the plaintiff and was the father of two children who were also plaintiffs. He was an active, healthy person.

While at the hospital, the man’s condition got worse and he was transferred to the ICU, put on a ventilator and died. His body was transferred to the university health care system, but it was later unclear from the plaintiff’s complaint whether this was before or after he died. The defendants’ responsive pleadings stated that his deceased body was transferred.

A few years later, the plaintiffs sued the hospital and health care system. They claimed that the decedent had screamed and called out loudly for his wife and kids, but the hospital staff refused to permit them to see him. The wife told staff she had waited too much time to see her husband and staff had sat with her in the waiting room but refused to let her see the man. The plaintiffs also alleged that neither the man nor his wife had given permission for him to be removed from the ventilator.

January 24, 2017

When Do Medical Malpractice Requirements Apply to Falls in North Carolina?

by Maurer Law

In Livingston Gause v. New Hanover, a North Carolina appellate court considered whether a patient’s fall during an X-ray brought his injury claim under medical malpractice laws. The case arose when a daughter drove her mom to the ER because she had chest pains related to a fall. The mother was 73 and had a history of falls.

At the ER, a nurse evaluated the mother’s complaint and determined which priority she should be. She asked for an x-ray chest PA or AP. The PA chest x-ray required a patient to stand, while the AP could be taken with the patient lying down or sitting or standing. However, the PA provided more information about the patient, permitting a more accurate diagnosis.

After several minutes, the mother was taken to a restricted area within the ER and evaluated by a different nurse. The x-ray technician met the mother and her daughter in the hall and took her in a wheelchair to radiology. The daughter stayed in the hall. The tech explained what was going to happen to the mother, asking her if she could stand, and the mother answered that she thought she could stand. The mother then stood up without help. However, the tech spoke to a doctor later in the day and told the doctor that she stood the patient up.