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Discovery Channel Facing Wrongful Death Lawsuit Over Helicopter Crash
Author: Scarinci Hollenbeck, LLC
Date: May 2, 2014
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Hollywood movie and television sets present numerous dangers.
For example, stunt men put themselves at risk in action movies but actors and stunt men aren’t the only ones that can be harmed, as a Discovery Channel cameraman was recently killed in a helicopter crash.
According to Deadline, the network faces a wrongful death and negligence lawsuit from the father of the cameraman. He is seeking “general damages in a sum in excess of the jurisdictional limits of this court, which will be stated according to proof.”
Let’s examine the law to see if the cameraman’s father has a chance of being successful.
Wrongful Death Constituents
First, we need to look at who is able to file a wrongful death lawsuit. This includes immediate family members, life partners, financial dependents, distant family members and other persons who suffer financially. With that said, the father should have no issues with this part of the law.
Next, we’ll want to examine what the father needs to prove in order to recoup damages. By claiming negligence, it needs to be shown that the defendant owed the victim a duty of care, that the defendant breached that duty which was the direct cause of the death and the death caused damages that are being sought. For example, if investigators find the Discovery Channel didn’t properly ensure the helicopter was safe, they may have to pay out damages.
The following are some of the damages that can be recouped for wrongful death:
- Funeral and burial costs
- Loss of the deceased person’s expected income
- Loss of love and companionship
The cameraman’s father is reportedly seeking damages for the loss of love, companionship and support as well as “other benefits and assistance of descendant,” so it will be interesting to see if he is able to prove the Discovery Channel is at fault.
- Locations: Red Bank, NJ, New York City, Washington, D.C., Little Falls, NJ
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