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wrongful death Archives

Who can file a wrongful death action?

If you are a California resident whose loved one died as the result of someone’s negligence or malice, you may be thinking about filing a wrongful death suit against the person who you believe caused your loved one’s death. In order to be qualified to bring this civil action, however, FindLaw explains that you must be a surviving family member of the decedent.

Drunk driver kills child, injured other child and adult

For most people in California, the recent Thanksgiving weekend and holiday was hopefully a relaxing and joyful time spent with friends and family. Unfortunately for some residents or visitors to the state, this holiday period was marred by tragedies that could have and should have been avoided. Vehicle accidents caused by negligent drivers notoriously ruin too many celebrations for people, leaving them to grieve for their lost loved ones instead of enjoying precious time together.

California sees spike in vehicular deaths

As you and other Californians watch the rapid pace at which companies are attempting to make fully autonomous cars a reality on our roads, you might appreciate the potential safety improvement these vehicles are said to provide. Certainly taking human decision-making out of the driving equation may be helpful one day. But, in the meantime, it is humans who have all the control when behind the wheel. Sadly, this responsibility is not taken seriously enough as more people continue to die in traffic accidents.

Possible causes of boating accidents

California's warm and sunny weather brings countless outdoor enthusiasts to its beaches every year. While surfing certainly takes the stage in regards to water activities, boating is also a popular sport and leisure activity in the state. Yet any outdoor adventure can bring potential risks, and each year a substantial number of beach goers experience injuries due to boating accidents. In more extreme situations, such accidents can prove to be fatal, but there are a number of factors to be aware of before setting off on California's dazzling blue waters.

Determining damages for wrongful death

Often lawsuits end up being newsworthy because they involve very large verdicts or settlements. When a jury decides in favor of an injured party, the resultant damages can range from one dollar, referred to as nominal damages, to many millions. Before a final judgment of damages is rendered, opposing parties negotiate to settle the matter for a particular amount. In California, when a jury is tasked with determining the amount of damages, several factors are at play. Damages as used in legal proceedings means money; it is a reminder that the purpose of a monetary award is compensation and not gain.

How is medical malpractice defined?

Medical malpractice is a large umbrella term that many potential cases fall under. As a patient in California who has been wronged by a medical professional in some way, you may be wondering if what you went through could be considered medical malpractice.

Hospital and device manufacturer liable in wrongful death case

Many in Kern County may believe that wrongful death cases are often “cut and dry,” with one party being assigned liability and compelled to pay compensation to another. Yet while some cases may play out this way, others may be very complex, with multiple parties being accused of being at fault for the death of those at the center of these disputes. In situations where liability may be shared, juries could actually choose to assign a degree of fault to several defendants.

Road debris causes fatal freeway crash

The causes of car accidents in California run the gamut from driver negligence to poor road conditions and then some. People who choose to drive while drunk, text while driving or drive recklessely such as weaving in and out of traffic at high speeds all put other innocent people at risk unnecessarily. However, it is not always the immediate choices of drivers that end up prompting an action that results in a crash.

Who can file a wrongful death lawsuit in California?

You may hear news reports regarding wrongful death lawsuits in Kern County and wonder exactly who benefits from such action. After all, the decedent is no longer around to benefit from the money, and no amount of compensation can truly make up for the loss felt by his or her family. Yet in most cases, the amounts awarded in wrongful death cases are simply meant to fill the financial void left by the decedent. As a wrongful death action is typically filed on behalf of the decedent, compensation earned from such action is awarded to his or her estate, which is managed by a personal representative or executor. Given this connection, you may wonder exactly who can initiate a wrongful death lawsuit?

Girl shot to death near Los Angeles motel

California residents know that they should be able to count on the law and law enforcement to help them stay safe. They should also be able to count on businesses to properly monitor their employees and the people who enter their premises in order to ensure other people are kept safe. When this does not happen, innocent people may be at risk of injury or even death.