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Personal Injury Lawyer Blog | How to Find a Wrongful Death Attorney | Wrongful Death Law Firm

Families of Slain Men Want Patriots to Stop Paying Hernandez

Although the Hernandez murder and wrongful death cases are not in California, they do raise the interesting overlap. So here we discuss a civilian death claim and a criminal murder claim. In a court hearing several weeks ago, the attorney for the families of two people allegedly gunned down made a special tribunal request. He asked Hernandez to lose his bonus pay. According to the lawyer, parents want the judge to bar the Patriots from paying Hernandez a 3.2 million dollar bonus.

Prosecutors say Hernandez allegedly fatally shot Daniel de Abreu and Safiro Furtado in 2012. They claim that Hernandez killed one of the men after he accidentally spilled a drink on him at a nightclub. Hernandez is accused of fatally shooting the men weeks. Also, this was just weeks before signing a 5-year contract with the Patriots for 40 million dollars.

Patriots attorney William Kennedy said the Patriots had challenged the rights for Hernandez. They say he should not receive the 3.2 million dollar bonus at all. Kennedy said he wants a court order if the team gets sentenced to pay Hernandez in an arbitration hearing. Hernandez got released from the Patriots in 2013. So this was after his arrest in connection with the death of semi-pro football player Odin Lloyd.

California Law is Similar In Death Claims

In California, this is the same type of procedure that a wrongful death attorney would use. So he would make sure there is money set aside for the survivor’s estate. However, it is hard to get such an order to issue. Also, this is since the defendant has to get convicted or found legally liable for the deaths. Last, appears in this case, however, that a stipulation by the suing parties gets entered into. But the content of which is unknown.

Hurdles and Bickering

In a case like that, at least one obstacle, survivors bickering over who gets what is not a basis to not enter the order. The next argument that is helpful to the suing parties is the contract prevents bonuses for certain violations of integrity or crimes. But again, it is hard when the case is still pending not to pay. But the arbitration agreement may allow the money to be set aside pending a court outcome.

Consequently, assuming Hernandez gets convicted of murder, families would use the findings. Also, this can be res judicata or collateral estoppel. Furthermore, this could obviate a lengthy civil trial, unlike the OJ Simpson case. But in that case, an almost all black jury found him not guilty of murder. A more balanced jury found him later liable for wrongful death.

So the biggest problem with orders like this is the 14th Amendment recognizes the right of an accused of notice and opportunity to defend. Depriving Hernandez of money to pay a lawyer is clearly problematic. Hence, a court would need to narrowly tailor any such order that would deny him of his defense. Also, this could form the basis of a reversal on appeal.

AEG Not Negligent in Michael Jackson Wrongful Death

Just Beat it
Michael Jackson

Many of you people know one of the specialties we have at Ehline Law Firm involves wrongful loss of life claims. Thus, you are aware that we have been following this Michael Jackson wrongful death trial. Also, we realize no portion of money can ever adequately compensate a fatality victim.

They never fully recover from the mental, physical suffering and grieving. Hence, when a case has merit, we fight vigorously for the victim’s best interests. Striving to retrieve the indemnification that our deserving clients seek is a daily thing.

The Jury Returns.

Here, the alleged victims put their best foot forward and lost. The breaking news relates that after being thrust into a four-day struggle to get to the bottom of the case, defendants prevailed. So only after enduring four painstaking days of deliberation, the wrongful death of Michael Jackson, brought by his mother and children, the jury has arrived at a losing verdict.

This verdict comes just after the press was covering major and heated personality conflicts and allegations of uncivil behavior by counsel for both sides. Aside from that, there was a compelling closing argument. Also, we are sure the jury had no easy time in arriving at their decision.

The Closing Argument

The jury determined that AEG was not negligent in the death of the singer. Dr. Conrad Murray was fit for the care he was hired to provide. This relieves AEG of liability according to the verdict. Dr. Murray was held criminally responsible for Michael Jackson’s death in a criminal trial of manslaughter. AEG, big business attorneys argued in court that Murray was licensed in several states to practice medicine.

Also, they had no way of knowing what went on behind closed doors in the treatment of the singer. During the five-month wrongful death trial, the lawsuit was asking for 2 million dollars. But AEG attorneys said that Murray was hired to ensure the singer was hydrated. He was medically in shape for the comeback tour being promoted by AEG Live.

Jackson’s Comeback Tour Ended By His Death.

Jackson died days before the start of the comeback tour. So that would have debuted in the summer of 2009 in London. AEG Live lawyers said that they did not believe that Michael Jackson was in danger of getting treated by Murray. Of particular interest here, he had never gotten sued for malpractice. He had several years of practicing medicine. So they said that Jackson was a secretive drug addict.

The “Execution” Drug.

AEG claimed he kept everyone in the dark. Hence, even his closest relatives knew nothing about the use of Propofol. Also, this is a potent drug used in prisoner executions. After five months of the jury listening to the AEG Live attorneys and witnesses, the panel came to its decision. They heard from Michael Jackson’s mother and eldest son. Jurors heard them testify.

Furthermore, they rendered their verdict after four days of deliberation. The finding was that the concert promoter was not liable for the death of the singer. At this point, it is unknown if the victims have paid a penny, as most injury firms advance costs.

But we are confident this case was not a cheap expense to execute. So we know that there were competent attorneys committed to giving no-nonsense representation. Also, we are aware that most legal reps give accurate, honest case assessments.

So more than likely, the victims knew this case was not going to be a walk in the park. It is unknown whether or not an appeal looms. But typically, excellent and punctual attorneys, no matter how good they are, could have a judge erroneously exclude vital evidence. So we are sure we have not heard the last of the Michael Jackson saga.

Let’s work
together

Ehline Law Firm
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