Personal injuries come in all shapes and sizes.
I came across these unique personal injury cases recently while reading the AAJ’s magazine and thought I would share and provide my own legal insights for our readers.
Excessive Force:
A 56-year-old father (Fred) was shot to death after two officers entered his home to serve his adult son with a warrant. The officers served the warrant in the middle of the night. Fred’s son let the officers into the home. The family dog began to bark. Fred, a Vietnam War veteran, woke up, got his gun, and went to investigate the disturbance. The officers saw Fred as he stepped into the dining room. The officers ordered Fred to put his weapon down. As Fred began to lower his weapon, the officers fired, killing Fred in his dining room.
The case settled for $3 million dollars.
The important takeaway here is that the police are not untouchable. Police officers will be held accountable for using excessive force or for intentionally shooting someone under circumstances where lethal force is not necessary or authorized. The rule is that an officer may be held accountable for acts that demonstrate reckless indifference to human life, or acts that occur outside of the officers’ scope of authority. (Such as applying lethal force in a situation where lethal force is not authorized).
Ordinary Negligence:
A pedestrian was knocked to the ground by a skateboarder and suffered traumatic head injuries. The pedestrian sued the skateboarder for negligent failure to keep a proper lookout.
The case settled for $300,000.
It is important to know that the skateboarder’s homeowners insurance policy paid the settlement award. Applying homeowners insurance to accidents that occur outside of the home is often counterintuitive. If you are injured by the fault of another, it is important to gather and understand all the possible sources of insurance that may be available to pay your claim.
Medical Malpractice:
A 24-year-old man accidentally overdosed on prescription pain medication because of the negligence of a pharmacist who prescribed a lethal dose of the medication.
A jury awarded $5.33 million dollars.
Medical personnel may be held liable for injuries that result from a breach in the standard of care. This means that a medical technician may be held liable for acting outside of the acceptable practices in his profession if those actions lead to the harm of another. In this case, the pharmacist failed to follow the standard acceptable practices when he prescribed a lethal dose of pain medication.
If you or a loved one has been injured in an accident due to the fault of another, call Cuthbert Law Offices at (804) 485-2555. For over 30 years, we have been specializing in social security disability, medical malpractice, auto accidents, and personal injuries in Virginia.