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Family Award $16 Million in Wrongful Death Lawsuit against Drunk Driver and a Nursing Home

There are no words to describe the loss of a loved one, especially due to the careless actions or negligence of someone else. Whether from medical malpractice, auto accidents, product liability, and workplace fatalities, when a wrongful death occurs, the victim’s family has the right to file a lawsuit. Though nothing can bring a loved one back, holding the negligent person or party accountable for their wrongful actions can provide some measure of solace.

Senior Living hired a women in 2012 as a certified nurse. Company policy requires testing of an employee suspected of being under the influence of alcohol or drugs and termination of an employee who is under the influence while on duty. In May 2013, the woman was intoxicated at work, unable to walk without falling and unable to drive home. A nurse on duty notified the nursing director; the drunk woman was driven home. In July, the woman was deemed drunk by another employee and was sent home. Then, on August 24, 2013 she was once again drunk and told to go home. This time the woman was allowed to get behind the wheel. She drove more than 20 miles before slamming into another vehicle, killing the driver and injuring his wife and two children. According to Texas Department of Public Safety, the drunk driver had a blood-alcohol level of 0.40 at the time of the wreck; a driver is considered intoxicated at 0.08.

According to Texas law, if a company sends an employee home from work because the employee is intoxicated, the company must take reasonable steps to prevent the intoxicated employee from causing an unreasonable risk of harm to the public – such as drive the employee home; call a cab; call a family member; call the police if necessary. Despite at least three known incidents of being intoxicated on the job, the company never tested the woman for alcohol or fired her for being under the influence while on duty.

The family filed a wrongful death lawsuit against the drunk driver and her employer. The jury deliberated about five hours and determined that the fault was 65 %Senior Living’s and 35% the negligent driver. Although this widow will receive compensation for her loss including lost wages, medical expenses, and funeral expenses, it has taken 18 months. She would have been a perfect candidate for lawsuit funding. Lawsuit funding is a financial tool that gives plaintiffs the staying power to wait for a fair settlement. It may be the only financial lifeline to paying medical expenses, funeral expenses, mortgage, and other important bills.

After reviewing a wrongful death lawsuit funding application, if approved, funds are usually available within 24 – 48 hours. There are no monthly payments, no credit checks, and no employment verification; funding is based solely on the strength of the case. Repayment is only made if, and when the lawsuit is won and settled. In the event the plaintiff loses, the lawsuit cash advance is waived in its entirety because lawsuit funding is a non-recourse transaction.

If you or a family member have been directly affected by an accident similar to this one and struggling financially while awaiting a settlement, call Lawsuit Financial or complete an online application for a free case funding evaluation.