Widower Hires Wrongful to File Wrongful-Death Suit After Wife’s Tragic Death
September 22, 2022
A man whose wife was killed in an automobile accident has hired Marston & Ross LLP, a firm specializing in wrongful-death suits against car manufacturers, to file suit against the manufacturer of the vehicle involved in the accident.
The woman’s husband was riding with her as she drove to her parent’s house in Washington when their car was hit head-on by another vehicle traveling at high speed that lost control on a curve, according to the husband’s account of the incident. The driver of the other vehicle was also killed in the accident.
In 2016, Kaitlyn Heiserman learned her stepmother Halyna had died. Her father, Neal Hutchins, was convinced that his wife’s death was no accident and that someone with the same rare blood type must have gotten into the wrong supply of medication at the lab where she worked.
After Halyna died, he became even more convinced that someone killed her and framed him for it.
Kaitlyn hired a firm specializing in wrongful death suits because they had the technology needed to find evidence quickly while also having enough attorneys and staff members willing to work on pro bono cases like this one. She won’t be satisfied until she learns who is responsible for Halyna’s death and has justice for their family.
Halyna Hutchins, a 47-year-old female from Levittown, PA, was killed in a freak accident when the mechanical claw of a recycling plant dragged her into the machine. Halyna leaves behind her devoted husband and two children who are still coping with their mother’s sudden death.
The couple had been married for 25 years and had shared many life experiences before this tragic event. Halyna always wanted to be an elementary school teacher but felt that she could not leave her family behind as it would be hard for them without financial support, so she stayed home instead of continuing her career. Now the family is left with all the expenses and guilt that come with losing a loved one while they were at work.
A Los Angeles widower is suing his wife’s negligent doctor for wrongful death, alleging that the doctor failed to notice that Halyna Hutchins had a genetic blood clotting disorder. Jeffery Swanson found out his wife was pregnant in May of this year, but because her health was declining at the time, he decided not to go ahead with the pregnancy. A few weeks later,
Mrs. Hutchins died from complications related to blood clots that should have been detected when she went in for prenatal testing. Dr. David Kim claims that he had no idea she had a disorder and ran tests before proceeding with surgery in an attempt to revive her after she went into cardiac arrest. The suit goes on to say that Mrs.
When Can I Sue?
The statute of limitations for filing a civil lawsuit varies from state to state. In Ohio, you have four years to file a wrongful death suit. You’ll need a lawyer or paralegal experienced in civil litigation. First, they will investigate your spouse’s death and other issues,
such as determining liability and compensatory damages that are available to compensate you for your losses. Second, they will meet with you and lay out your options and the pros and cons of each so that you can make an informed decision about which way to go.
Can I Sue if I’m Not Next of Kin?
You can sue the parties involved if you’re not next of kin. If you were married or have a domestic partnership with the person who died, then you are considered next of kin by law. You might also be able to file a wrongful death suit if the deceased was your parent,
child, sibling, spouse, or your parent’s spouse. For example, if your wife died and she was hit by someone on their bike without a helmet, that person may be at fault for her death.
How Much Time Do I Have to Sue?
If you’ve been injured or a loved one has been killed, you must understand your options when it comes to filing a claim. As the victim of an auto accident, you might have 3 years from the date of injury in which to file suit. If this isn’t enough time for you, consult with a lawyer about whether you can take advantage of any exceptions (medical malpractice).
However, if someone is killed due to criminal behavior, you have 3 years from the date of death in which to file suit. If this isn’t enough time for you, then consult with a lawyer about whether any special exceptions apply under state law.
How Do I Know If My Case Is Worth a Huge Sum?
How do you know if your case is worth a huge sum? Well, the answer is a little subjective, but several factors can point toward whether or not your case has the potential to generate substantial damages. Let’s take a look at two of them: your work experience and time spent on the job.
First, let’s discuss time spent on the job. At first glance, it may seem like time spent on the job does not matter when filing for wrongful death—after all, it does not affect your ability to file for loss of consortium. However, you may be surprised by how much this particular factor matters in determining damages when you take other variables into account.
What About Punitive Damages?
Wrongful death is usually based on the negligence of the person in charge. Punitive damages are damages to the defendant that are separate from damages for pain and suffering.
Punitive damages are not always awarded in a wrongful death case, but courts will consider them when making a decision. Punitive damages do not have a maximum cap as there is no limit on how much a person can be punished for their wrongdoing.
Can I Sue Even If I Am Partially Responsible for My Spouse’s Death?
The first thing many people wonder when they find out their spouse passed away is if they can still file a wrongful death suit. It is a fair question.
As mentioned before, one of the most common examples of wrongful death lawsuits is when the plaintiff believes their spouse was negligently killed by another person or entity. In general, if there is any negligence involved in the incident that led to your spouse’s death, then you will be able to bring forth a claim against this party or entities.
There are exceptions, like instances where both parties played some degree of part in the injury or fatality – these can get tricky and should be discussed with your lawyer before filing any paperwork.
What if My Spouse Was Drunk or Drugged at the Time of Her Accident?
In addition to filing a wrongful death suit against the wrongdoer, the family of your spouse may also be able to file a personal injury lawsuit on behalf of him or her. For this to be valid, however, you would need evidence that it was intoxication or drug use that caused your spouse’s death. This can range from blood work that shows alcohol in his or her system,
hospital records from emergency responders who noted he or she appeared intoxicated, friends and witnesses who stated they knew he or she had been drinking before their accident–pretty much anything that would indicate it was intoxication and not some other circumstance that caused their death.
I Think Our Family Should Settle. Can We?
- I’m writing because Halyna Hutchins, my wife of thirty years, died suddenly at the age of 55 on October 3rd.
- I know that you only want what is best for your children in this type of tragedy and I understand that sentiment wholeheartedly. We are still so newly married and are trying to find our way as one family with two homes.
- The medical examiner ruled it an accident but I can’t help but wonder if there was something more that could have been done, such a contributing factor as negligent building design or construction practices in her workplace environment.
- Halyna was a litigator who represented victims of tragic accidents across the country.
Will This Affect Any Life Insurance Benefits My Family Received as a Result of My Spouse’s Death?
It depends on what type of life insurance your spouse has. Some life insurance policies will pay out up to $2 million in the event of wrongful death, while others can pay as much as $5 million.
If you’re uncertain whether or not your spouse had a policy that would cover any sort of loss you may be experiencing, talk with an agent at AARP® Life Insurance Services. They can give you peace of mind by explaining the different types of coverage and which is right for your needs.
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