Drivers and owners of SUVs should be aware that the growing popularity of those popular SUV model vehicles also has unveiled new and dangerous problems. SUVs are more prone to rollover accidents because of their shape. Rollover accidents are more likely to result in fatalities than other types of single vehicle crashes. Rollover accidents that involved SUVs from 1991 to 2002 more than doubled, which is a rate higher than that of other classes of… read more
Anyone who has lost a loved one to “wrongful death” in an accident caused by negligence may have legal options to pursue to help offset some of their financial losses and other claims, such as loss of companionship or guardianship. This type of personal loss occurs suddenly, without warning and devoid of any possible preparation in most cases. By its very meaning, a wrongful death is the ending of someone’s life prematurely because someone else or a company was negligent, and it is an event that should have not happened.
In a Personal Injury case where someone has died, the result is more than financially overwhelming for survivors. In addition to bearing costs for a funeral and burial, the family suffers additional personal harm. Not only will they be deprived of the love, companionship, guidance and emotional connection to their lost family member, they may also be losing any future income and inheritance they otherwise would have enjoyed.
In most cases, the survivors are allowed to sue for fair compensation. There may be a few exceptions, depending on specific state statutes. Some cases exempt governmental agencies from lawsuits or have limitations on damage awards. There may also be time limitations, sometimes as short as 30, 60 or 90 days. If you miss that time limit for filing a wrongful death lawsuit, you may not be able to do so later on. Some states also continue to offer family immunity, with certain exceptions that primarily involve insurance fraud.
If you or a family member has lost a loved one in an accident caused by negligent behavior, it is important to act quickly to determine what rights apply to that unique situation. It is hard to deal with legal aspects of a wrongful death when a person also faces the sudden loss of a loved one and all the details that surround a fatality. This is why it is essential to obtain an experienced Personal Injury Attorney for advice and representation immediately. They will handle the legal matters, so you can deal more effectively with those other personal matters such as planning a funeral and notifying other family members of that untimely passing of your loved one.
Other areas of concern that your Wrongful Death Attorney will handle for you include investigation of the accident, determination of negligent behavior, pinpointing the responsible party or parties, and calculation of damages. In some cases where negligent behavior was particularly reckless, a jury may award additional punitive damages that can be quite considerable.
There are many variables to consider, so consultation with our experienced Personal Injury Attorney is an important first step to take, as soon as possible. Learn more here about this area of law that allows injured persons to obtain fair compensation for a Wrongful Death claim.
Whenever there is a California plane crash, people wonder what happened. Airplane crashes are feared by about 40% of flyers, but in reality, air travel remains the safest mode of transportation. Commercial air flights are very safe, due to FAA regulations and a real concern on the part of the transportation industry to offer safe travel options. When a commercial plane crashes, it can be very serious and life-threatening, due in part to the speed… read more
When somebody dies as a result of an accident or another type of incident, those who are left behind experience tremendous trauma. Often, they feel helpless because they don’t know what occurred or how it really happened. This is particularly true if there is an element of negligent behavior, action or inaction on the side of someone else. In San Diego, California, if someone dies as a result of negligence by another party, you are… read more
If an accident causes wrongful death, which means it is caused by the negligent action or inaction of a third party, there are two types of claims that the family of the decedent can make. The first is survival actions and the second is wrongful death. It is important to understand the difference between these two in order to make the right decisions in terms of what type of lawsuit to go for. Naturally, a… read more
If you have a loved one whom you believe has died due to something a different party did, or failed to do, then you may be able to file a wrongful death lawsuit. However, there may also be an element of manslaughter within your case. The first thing you have to know is that both suits are possible at the same time. And, if you are in a situation where a manslaughter suit has led… read more
The statute of limitations for a wrongful death case varies between states. As a rule of thumb, however, it has to be filed within 2 years of the act that led to the death of the victim. Nevertheless, there are also cases where the statute of limitations was as short as one year. There are also special rules for minors, for those with mental disabilities and for intentional or fraudulent acts. Date of Discovery One… read more