George Hatcher

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$27.7 M. Awarded to Pilot Injured in Plane Crash

arbitration
In Kedrowski v. Valters Aviation, Lycoming et al. $27.7 m. in compensation was awarded to Mahtomedi Minnesota’s Mark Kedrowski, after faulty airplane parts in the plane he was piloting caused a crash that changed his life. Any time an accident results in amputation, the medical bills, prosthetics, and compensating technologies result in escalating medical bills. The award will will enable Kedrowski to deal with lifetime costs resulting from the accident.

On September 3, 2010, Mark had been flying a Kwech GLASAIR RG SUPER 11S airplane. It crashed near lake Elmo Minnesota. After the accident, Kedrowski was found trapped in the plane, still in his seat belt. Kedrowski held a FAA private pilot certificate with airplane single engine land and instrument ratings and a third-class medical certificate.

Kedrowski’s case was handled in Ramsey County. Lycoming Engine denied that their malfunctioning fuel pump was responsible.

Counting the Increasing Number of Victims: Hercules Crash in Indonesia

aviation
One hundred and forty-two people (so far) were determined to have been killed by the Indonesian AF Lockheed C-130B Hercules that just crashed into a residential neighbourhood near Medan-Soewondo Air Force Base, Tuesday June 30. However fewer than that number were supposed to be aboard the plane. Initial numbers released were 12 crew and 101 passengers. Families said their relatives had paid to be on the aircraft, but that is in violation of Indonesian military regulations. Some of the twenty-nine additional bodies recovered from the wreckage may have been in the buildings that were impacted, but some were unauthorized passengers.

I wonder about compensation for those unofficial passengers–if they will get less or more as a consequence. They (maybe) thought they had legitimate tickets. In any case, they are just as dead as everyone else. Likely there will be punitive measures taken, but broken rules are not necessarily broken law. How will investigators determine who profited from those fraudulent tickets or instead, will the military be punished for poor oversight? This all remains to be seen. Let us hope that compensation for those families left behind will be just. Insurance companies use a compensation formula that covers pain suffered by those on board, and is determined by factors like age, dependents and earning potential. The international treaty known as the Montreal Convention guarantees a (floating) minimum level of compensation for families; but sometimes the operator, (like Lufthansa, for example, in the case of the Germanwings crash) will try to get by with paying less.

But we should not ever lose sight of the horror of this accident. Yesterday morning, one hundred and forty-two people were alive, and full of promise. Today they are history.

Wrongful death: Sixteen year old in Rollover, Ejected, Struck, Died

auto
Sixteen year old Jasmine Tena was run over by a car Sunday night on State Road 429 in Apopka Florida after she was thrown from a Ford Expedition that rolled over the median. There is a funeral expense fund for Jasmine’s family on Gofundme.

The Apopka police expect there should be significant damage to the front of the vehicle that ran over Jasmine. She had been a passenger in the Expedition driven by 19-year-old Teodora Llanas Jr. 19-year-old Demetrio Rangel, was another passenger injured in the crash.

Llanas was treated and released from Orlando Regional Medical Center. Rangel was listed in critical but stable condition Monday at ORMC.

Tena wanted to be a cosmologist.

If you have any information on this crash, can id the vehicle that left the scene, contact the Apopka Police Department at (407) 703-1771 or Crimeline at (800) 423-TIPS (8477).

Amtrak Crash Victims Compensation Subject To $200 Million Limit

De Rail

Legally thanks to the Amtrak Reform and Accountability Act,, Amtrak is capped at a maximum of $200 million in damages to all victims of a single accident, including the Amtrak Northeast Regional train bound for New York City derailed and crashed on the Northeast Corridor in the Port Richmond neighborhood of Philadelphia, Pennsylvania.

“The aggregate allowable awards to all rail passengers, against all defendants, for all claims, including claims for punitive damages, arising from a single accident or incident, shall not exceed $200,000,000.

As much as this sounds like, consider that this amount must be split between 238 passengers and 5 crew, with grievances reaching from injury to permanent disability to death. This amount must cover lost income and medical expenses for the 200+ injured, and the millions in compensation of lost income for family members killed.

Is it time for new law? Is there any reason why train systems cannot carry adequate insurance the way airplanes do?

Helia Healthcare Nursing homes Seek Detailed Statement

guerney

Two nursing homes accused of neglecting an elderly woman, Dorothy Hughes, allegedly leading to her death seek more definitive statements. Hughes was living at Helia Healthcare of Energy from October 2012 through December 2012 where employees allowed her to suffer from dehydration, loss of cognitive skills, loss of social skills, depression, urinary tract infection, pneumonia, malnutrition, weight loss and injuries from falling. In all eight counts, the plaintiff claims negligence caused the decedent to suffer injuries from falling.The complaint includes 46 allegations of negligence. Lawyers seeks judgment of more than $400,000, plus attorney fees and costs.

Fiat Ordered To Pay $150 Million

Fiat Chrysler Automobiles was ordered to pay $150 million to the family of a four year old boy, Remington Walden. The 1999 Jeep Grand Cherokee he was in was struck from behind, and caught fire. About seventy-five people have died in the Jeep Grand Cherokee on ignition of the fuel tank in such a dangerous location.

Fiat Chrysler Automobiles plans to appeal.

The jury held the company 99% responsible for the accident.

The driver who struck the Jeep was sentenced to 8 years in prison.

Germanwings Compensation Up In The Air

aviation

Andreas Lubitz, the pilot of Germanwings Flight 9525 was hiding an illness. What kind of illness it was has not been made public. Company policy requires they be notified of medical conditions such as mental illness that could affect flying or a pilot’s license.

As the co-pilot deliberately locked out the pilot, and crashed the plane after diverting autopilot’s path to crash into the French Alps, France is considering charging Lufthansa with manslaughter of the 150 aboard. If found guilty, that would mean compensation additional to what Allianz and other co-insurers are estimating the cost of Germanwings Flight 9525 could be. It could top a billion even without criminal charges..

(In the U.S., it would have amounted to as much as three times that.)

It will take over a year to settle, and the amount of payment to each family will be contingent on each country’s laws, as well as the Montreal Treaty. James Healy-Pratt (London’s Stewarts Law LLP) said between Germany, the US and France, German law has the lowest compensation rate.

Compensation amounts are figured by a specific formula and contingent on age and employment as well as country. An unemployed victim’s family could receive less than $100,000 as opposed to that of a high-income provider who could get over a million.

Watch this great explanation below of implementation of aviation compensation law based on what is known as the Montreal Treaty. The airline has to prove it did nothing wrong.

Disabled Motorcyclist Wins £10m in Compensation

auto
After his motorcycle was struck by the door of a VW Golf, on the helicopter to the hospital, Marcel Beasley’s heart stopped 8 times. He spent two weeks in a coma, and now uses a wheelchair and needs constant care for “very traumatic brain injuries” and “impaired intellectual and cognitive functions”.

The driver of the Golf was found to be 100 % liable for the collision and for Mr Beasley’s injury.

London’s High Court awarded him over £10 million, made up of £4.27 million for a handicapped-enabled property, plus £175,000 annually to pay for his medical team.

Initially, Beasley was hospitalized for 15 months at the specialist brain injury unit of Richardson Mews in Northampton.

$400 million To Cover GM Ignition-Switch Compensation

auto

General Motors has set aside an initial $400 million to cover its costs of compensation. Claims of ignition-switch defects in its cars total 4,312. Fifty-six deaths, and 87 injuries are eligible for compensation. A number of other death, catastrophic injury and less-serious injury incidents were not considered eligible. The deadline was Jan. 31.

Relatives Turn Down TransAsia Offers of $472,807 of Compensation For Each Person Killed On GE 235

aviation

The amount which was rejected immediately included emergency relief funds(so-called “consolation money”) of $6,300 and a funeral allowance of $38,000 already received. This is already the second mediation hearing since the crash on Feb 4. The amount is the same figure paid to families after TransAsia’s last accident seven months ago.