Carbon Monoxide Poisoning

We've all heard of carbon monoxide - it's the stuff that comes out of the tailpipe of your car right? It can come from other sources too. Unvented kerosene and gas space heaters can produce dangerous amounts of carbon monoxide as can gas hot water heaters, gas stoves, generators, and any gasoline powered equipment.

What people forget is that carbon monoxide is an odorless and colorless gas. The fact that it is odorless and colorless means that it often kill its victims before they are aware it is present. When exposed to carbon monoxide at non fatal levels you may experience headaches, dizziness, disorientation, nausea and fatigue. At higher concentrations carbon monoxide can cause angina, impaired vision, and effect brain function.

When I have seen carbon monoxide cases they generally resulted from poor ventilation combined with the lack of a carbon monoxide alarm. A carbon monoxide alarm is a minor expense that can save lives and should be in every home - it's just that very few people really know about the risks. For more information about carbon monoxide posioning, click here.

Wife can sue for loss of companionship from Husband's death

When someone loses their spouse, the largest part of that loss has to do with personal loss. Much more so than money, the personal loss says something about who that person was, their real value. In wrongful death claims, state law controls what damages you can claim when your spouse is killed due to the negligence of another. For some heartless souls, this would be called "non-economic" damages and they would want to put some sort of cap or limit on it. The result is a case over the death of someone who makes alot of money but is a crappy husband and father is worth more money than the person who doesn't make alot of money but is dearly loved and valued by his/her family. How does that make sense?  Forturnately, that's not the law in Tennessee, where a spouse can make a claim for "Loss of Consortium" which is the loss of love and companionship. Wrongful death cases require some specialized knowledge to ensure a just outcome for the loved ones who are lefft behind, for more information about wrongful death cases click here. For years what has been the law in Tennessee was not the law in Kentucky, depriving Kentuckians of what can only be described as fair and just results when a spouse is killed. Kentucky has now recognized this legal principle and allows a spouse in Kentucky to recover these kinds of damages.  For more information about the Kentucky case, click here.

Railroad Crossing Accidents

Railroad crossing accidents almost always result in catastrophic injury. Even at low speed, the damage that a train can do to a car and its occupants is incredible. On Saturday night August 22, 2009 a young high school student, Matthew Hodge was seriously injured by a CSX train at a crossing at Wilson Pike and Trinity Road in Franklin. For more information, click here.

Drunk Bass Boat Operator Kills Woman on Kentucky Lake

A Murfreesboro woman and mother was killed July 2 while pontooning with her family on Kentucky Lake. A bass boat, reported to be going as much as 40 mph slammed into the pontoon boat at 5:50 p.m.  The operator of the bass boat, David Phelps age 37 was given a field sobriety test and charged with boating under the influence.

At impact both the 47 year old mother and her 16 year old daughter were thrown out of the pontoon boat. The mother could not be revived, the 16 year old was life flighted to Vanderbilt.

Mr. Phelps was by himself in his bass boat, and apparently getting an early start on the 4th of July holiday.  There is just no excuse for a 37 year old man being so incredibly irresponsible, and it's probably not the first time he has acted in this way. Drunk and running full out on a lake with other boats that cannot possibly get out of your way?  And then hitting someone broadside in daylight conditions?  When people ask me "What is a wrongful death claim?", this is an example. For more information about wrongful death see here. For more information about this event, click here.

Damages Available in a Tennessee Wrongful Death Case

Losing a loved one is devastating.  As you are grieving, you may be starting to ask questions.  What exactly caused the death?  Who is responsible?  If there was negligence, can that person be held liable? 

Wrongful death lawsuits often involve a workplace accident, car accident, defective product, drunk driving accident, semi truck accident or motorcycle crash.   In Tennessee, you can file a wrongful death claim if negligence was to blame for your loved one’s death.  The defendant can be held accountable and you may be able to recover monetary damages. 

Under the Tennessee Wrongful Death Statute, general damages include pecuniary value of the deceased, pain and suffering, medical expenses and funeral costs.  Pecuniary value is determined by the deceased person’s age, life expectancy, health, capacity for work, income and habits of “sobriety and industry.”

Tennessee courts have also allowed families to recover compensation for the loss of companionship, love and affection.  In the case of Jordan v. Baptist Three Rivers Hospital, 984 S. W.2d 593 (Teen. 1999), it was stated that “An individual family member has value to others as part of a functioning social and economic unit. This value necessarily includes the value of mutual society and protection, i.e., human companionship. Human companionship has a definite, substantial and ascertainable pecuniary value, and its loss forms a part of the value of the life we seek to ascertain.”

If you have lost a loved one and believe negligence was involved, contact a Nashville wrongful death lawyer at Phillip Miller & Associates at (615) 356-2000 or (800) 337-HURT for a free legal consultation today.

 

Bus Crash Causes Wrongful Death

A wrongful death case has been filed in Las Vegas over the death of a passenger that occurred when the bus left the road. There could be many things that could cause a loss of control, but in this case weight distribution was the key point. On a small plane, there is always some "re-seating" that goes on to make sure the plane is balanced front to back and both sides.  The same kinds of rules can apply to buses.  When a bus is overloaded on one side, it affects handling, but it also affects the wear on the tires. When a company and its drivers stop paying attention to details, bad things can happen.