We know nothing is
more tragic than death.
There is, perhaps, nothing more tragic than losing a loved one unexpectedly, especially if their death was caused by the negligence of someone else. Unexpected loss carries with it the devastating loss of that person, but also the loss of what that person meant to your family physically and financially. At LyfeLaw, we understand how difficult it is to lose someone due to the negligence of someone else. Our goal is to help clients protect their legal rights and get the compensation needed to move forward. Often, these accidents are the result of negligence. Many auto accidents are caused by distracted driving, speeding, or failing to obey traffic laws. Not only are these behaviors illegal, but they are also negligent. Similarly, property owners may be negligent if they fail to maintain a safe premises. Some examples include failing to repair cracked, broken, or damaged flooring or stairs, failing to fix leaks or resolve hazardous spills, and failure to provide properly secured premises.
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Understanding Wrongful Death Cases.
Wrongful Death
This death occurred as a result of negligence or harmful intent of another party.
Financial Compensation
Surviving family members are attempting to compensate for financial injury caused by the death.
Deceased Estate
The claim is filed by the personal representative of the deceased’s estate.
Automobile or Plane Accidents
Criminal Activity
(such as murder)
Medical Malpractice
Work Accidents
Harmful Exposure at Work
If a close family member dies as the result of someone else’s negligence or intended harmful action, you may be able to file a wrongful death claim against the responsible party in civil court. Wrongful death claims allow the victim’s estate to pursue justice against the party or parties that are legally responsible for the victim’s death. One of the most famous wrongful death lawsuits that comes to most people’s minds was that of OJ Simpson. The former NFL star was first charged with the murder of two victims, tried in criminal court and acquitted when the prosecution was unable to prove that he was guilty beyond a reasonable doubt. The families of the deceased then pursued a wrongful death action in civil court, where Simpson was found guilty and ordered to pay damages to the family.
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We’ll get you $
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We will fight for fair compensation, including getting your car fixed, any necessary medical treatment and paychecks for missed work.
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FAQ
After any auto accident, the first thing you should do is focus on your health and safety. Get to a safe place and call the police immediately. Next, get medical attention as soon as possible. Never underestimate how easily you could be injured in an accident.
To decide if you have a personal injury case, you need to establish that someone else was negligent. It is your burden to prove to the court that the other party was at fault, and that their acts or omissions caused the harm you suffered. You must also prove that the negligence that caused your injuries also caused damages.
Section 377.60 of California Code of Civil Procedure states that any of the following parties can file a wrongful death claim: Surviving spouse, Surviving domestic partner, Surviving children, Party who would be entitled to the estate if the deceased did not have a will. A minor who has resided with the deceased for at least 180 days, and who was dependent on the deceased for at least half of their support. A personal representative, such as a power of attorney or named executor, of the deceased.
Most personal injury attorneys work on a contingency fee basis. That means that you are not required to pay any costs upfront. If the case is resolved in your favor, then any fees you would have owed will be subtracted from the award amount. That takes the pressure off of you and your family while you fight for justice.
Homeowners are responsible for maintaining a safe property for any guests that enter the property. Homeowners must tell visitors if there is a hazard on the property, or should correct it before having visitors. A prime example is that of the often-publicized deck collapses that injure many people. The homeowner is liable for the injuries sustained by visitors if he or she failed to keep the deck up to code and properly maintained.
You should never accept an insurance offer without first carefully examining your insurance policy. If the offer seems low, or will not compensate you for your medical expenses or property damage, contact an attorney before accepting any offer. Your insurance company may be offering you the bare minimum.
The statute of limitations may differ based on whether a government entity is involved or if the matter is a medical malpractice claim. Thus, it is always best to consult with an attorney as soon as possible.
Economic damages are damages that can be calculated, such as medical bills, funeral expenses, or income the deceased would have earned based on his or her occupation. Non-economic damages are damages that are not as easily quantified, such as pain and suffering, loss of companionship, and the emotional toll experienced by surviving family members.
The owner of any property is responsible for keeping the property safe. That includes making sure that the property itself is structurally sound and properly maintained, as well as ensuring that there are no hazards or immediate dangers to anyone who visits.
If you slipped and fell on wet floors that were unmarked, then you may be able to sue the hotel for your injuries. If the hotel staff should have known about the danger, or did know and failed to take precautions to prevent an accident, then they may be liable for your injuries and related losses.