Minor Death Case Payments Explained | Richmond Virginia Lawyer

I recently posted an article about a case in Hanover County near Richmond, Va about a man who was driving the wrong way down Interstate 295 and killed a man and left his daughters orphaned. It made me think of this case we had a while ago. I thought it might help clarify how minors get their money from insurance settlements.

There was a case we had in North Carolina where the mother of three children was killed and we settled the case. One of the children was an adult, one was about 17 and one was about 15.

So when we settled the case the judge split the settlement three ways so the one who was an adult got 1/3 of the money, the 17-year-old's money got out into a trust for a year and she got the money after she became an adult. The 15-year-old's money was put into an annuity payable a portion of it when they became an adult, another portion of it when they turned 25 and a third portion of it when they turned 30.

Frequently in these types of settlements one of the concerns of the court and the parties involved is the ability of the infant to handle money when they become an adult. The concern of the judge is that a young adult is going to get a large chunk of money and squander it. The courts don't like that. They want the young adults to be a little it more conservative and for that reason the courts will often extend the time in which they get money so that they only get a portion of it when they are a young adult, a portion when they turn 25 and another portion when they turn 30.

The general rule-of-thumb belief is that if they don't have any sense about money by the time they turn 30 they are probably never going to have it.

Colonial Heights, VA woman convicted of killing moped driver while driving drunk

Megan Lean Brown pleaded guilty of involuntary manslaughter while driving drunk, maining while driving drunk and DUI in Chesterfield County Circuit Court on Monday. She may face up to 16 years in prison when sentenced.

In June 13, Brown killed Frederick Scott Wall and critically injured his passenger Ricky Lynn Hill as the were riding their mopeds on Jefferson Davis Highway near Route 288.

Brown was driving the wrong direction on Jeff Davis Hwy about 3am when she hit the moped head-on. Wall was pronounced dead at the scene. Hill suffered fractured pelvis, head trauma, partial paralysis, and nerve and muscle damage. Hill is still trying to recover from the accident. Hill is in a wheelchair and has trouble speaking.

Wall's family is elligible to file a wrongful death lawsuit against Brown for her negigent actions, and they should probably take steps to begin their suit before the statute of limitations gets any closer. Also Brown could be sued for the injuries that she inflicted on Mr. Hill in this terrible accident.

What a terrible accident that has ruined three lives all because one person made some really poor decisions.

Virginia pedestrian deaths rise during Halloween | Virginia lawyer wrongful death

I just wrote an interesting article on pedestrian deaths that quadruple on Halloween. You should read it now and try to stay safe on Halloween this year.

A special offer now. My book is FREE for a limited time people that have been injured in Virginia.

Child Wrongful Death Medical Malpractice Case

There is a new lawsuit filed by Davis Law Group in Seattle regarding the wrongful death of an autistic 15-year-old named Michael Blankenship due to a clear case of medical malpractice.

Blankenship was accidentally prescribed a painkiller-laced patch that led to his death by drug overdose. The patch contained a drug called fentanyl and had the highest dose available, a dosage that is usually given to relieve chronic pain in cancer patients.

Blankenship went to bed with the patch applied after having routine dental surgery that day and died in his sleep that night.

According to the FDA, the fentanyl patch has been a problem in the past few years and has led to many deaths and life-threatening injuries and side-effects. Doctors have been prescribing the patch for inappropriate purposes, such as headaches and occasional mild pain.

In my opinion, this is a clear case of medical negligence that led to a child's death and the Seattle Children's Hospital should be held accountable for this tragedy. Imagine how you would feel if your child went to the hospital for routine dental work and died in his sleep that night due to drug overdose.

The hospital medical director Dr. David Fisher says "There has not been any discilpine in this case, nor will there be." and "No one along the chain realized that this was not our standard practice."

Hopefully this hospital will pay for their error and it will help them remember that they made a tragic mistake that led to a senseless death.

Blankenship's mother founded a foundation in her son's name with the goal of helping autistic children with their lives and to increase public understanding of the challenges they face every day.

If you have been the victim of medical malpractice or you need a wrongful death lawyer in Virginia please contact Attorney Wayne O'Bryan at 1-800-372-4099.

Ten Common Medical Errors that Everyone Should Know About

Ten Common Medical Errors that Everyone Should Know About

Here is a link to a blog by a nurse practitioner.

Hospitals are dangerous places to go. One reason is the complexity of today's medicine it is easy to make a mistake and mistakes can be deadly. Medical malpractice is a common cause of wrongful death and when you read the list of medical errors you will understand why.

Perhaps instead of screaming for tort reform, those hospitals should be trying to prevent those deadly medical errors that lead to them getting sued. Perhaps there need to be consumer protection laws enacted to penalize hospitals for their errors.

If you have been the victim of a medical error that harmed or killed a loved one, please give Attorney Wayne O'Bryan a call at 1-800-372-4099.