Filing a lawsuit for Wrongful death in California

Negligence while driving or doing any other activity might sometimes result in the death of an individual. The individual’s family and dependents suddenly see their world crashing down on them due to the loss of their loved one. Apart from that the fight for survival without the earning hand starts which might be quite hard for the dependents. Savings and other sources of income deplete with time and in such a scenario the fight for justice gets all the more vicious since the wrong doing of the person who has been responsible for the death of the loved one cannot be forgiven. A Wrongful death accident lawyer in San Diego will ensure justice and compensation for family and dependents in such a scenario. However before filing a lawsuit for wrongful death in California you as an individual need to check if you fulfill all the criteria to file a lawsuit.

Who can file for a wrongful death lawsuit in California?

A spouse has all the legal right to file for a lawsuit for a wrongful death in California. A domestic partner and putative spouse both have the right to file a lawsuit for wrongful death in California. A putative spouse has the right if he or she believes they were married and financially relied on the deceased for financial needs. A spouse has full right to seek compensation in case of a wrongful death.

Biological and adoptive both children have the right to file a wrongful death claim lawsuit. Stepchildren who are dependent on the deceased person financially can file for a wrongful death claim. Even minors who have stayed with the deceased for more than 180 days and are financially dependent on the deceased can file for a wrongful death lawsuit and claim compensation for the same.

Parents who can demonstrate that they were dependent on their kid or child financially can file and claim compensation via a wrongful death lawsuit. Even if the parents are not financially dependent on their minor child or an adult child (with no descendants) financially they can still go ahead and file a wrongful death lawsuit.

Legal heirs can file a lawsuit for a wrongful death in case a person dies without parents of children. Under California intestacy laws legal heirs who will legally inherit the deceased person’s property who dies without a will can file for his wrongful death compensation.

What needs to be proven in a wrongful death lawsuit?

Before filing a wrongful death claim the person who is filing it needs to make sure that he is legally qualified to file the claim. The person needs to be related by blood or via other means to the person as stated above to make sure that the court of law accepts him or her as a party for the legal claim. Apart from that the person needs to prove before the court that their loved one actually died. The death of their loved one was due to the negligence of someone else. Even an intent to harm due to which the death occurred can form a basis of filing of the lawsuit for wrongful death. The person who is filing the lawsuit for wrongful death need to prove that he or she has suffered monetary losses due to the death of the deceased. The person has been selected for the deceased’s estate. Once the person is able to establish these facts the chances of winning the lawsuit increase manifold.

Damages payable under a wrongful death lawsuit in California

The various damages that can be awarded by the court of law depend upon a number of factors however they can be broadly categorized under – Funeral and burial expenses, Medical bills for the deceased person’s illness or injury and lost income. The amount of the claim will depend on the representation made by the Wrongful death accident lawyer in San Diego along with the person filing the claim.

Statute of limitations for a California wrongful death claim

The statute of limitations of California dictates that the case for a wrongful death in the state of California needs to be filed within two years of the death of the person. The time will be calculated from the day of the death. The claim might have arisen out of a car crash, assault and battery, slip and fall accident, medical malpractice, drowning, defective product, toxic tort or even a dog bite. Therefore dependents of a person who has been deceased due to the negligence of someone else needs to file a lawsuit within two years and prove the above mentioned points to make sure that he or she qualifies for the claim and compensation under wrongful death.

Follow 7 steps if you injured in a construction accident

Work on construction site is a very dangerous. Every year in the US many people are injured on construction sites and many of them might even lose their lives. The life of a construction worker is full of dangers and injuries. Their work is very hard. Using powerful machinery, climbing to heights for work, working on the roadside and inside mines is not easy. Many people meeting an accident have been injured or dead after falling from heights, heavy material falling on them and even the road accidents during construction work.

Slip and falls, ladder accidents, electric shocks, machinery and road accidents are the a few common types of construction accidents. If you are working on a construction site then you need to know a few facts for the benefit of yourself and your coworkers. In case you or one of your coworker is injured on a construction site you need to hire a personal injury lawyer to ensure a fair compensation. An injury lawyer can play an important role for your injury cases. They represent you and will help to provide you medical bills and lost wages. If you are working on a construction site and you have been injured then don’t forget to follow these 7 tips.

Getting medical treatments

Protecting your life is always the first priority. If you have a major injury then first you need to take medical treatments. For any help you can call 911.

Reporting the accident

Don’t forget to report the accident to your supervisor. You should also notify it to your co-workers. Here the important thing is you need to give written notification about your injury to your supervisor within 30 days. Write down everything about your accident in your statement.

Contact with witness

Get all information from your co-workers and other people who have witnessed the accident. You need to write their names, address and also their phone numbers. It is important to get true information about the whole incident because if you not responsible for this accident then it will help you to prove your innocence.

Collect the important evidence at the scene

Before leaving the accident site you also need to collect important evidence from the scene. If you are injured by any faulty equipment then you can need to take a photo of the faulty equipment. Similarly if you are working on a construction site and you are injured by any construction vehicle failure then you need to take the photo of the vehicle. Don’t forget to take the photos of your injury. Remember, photos of the accident site can be strong evident for your case, if you have no witness.

Call the police

Calling the police is also necessary because the police investigates your case, and helps you to collect the evidence and makes a report of the accident. Later on, you can request the copy of the report the police has compiled. This report will also help you to get your injury compensation.

Hire a personal injury lawyer

Hiring a personal injury lawyer is also necessary if you have been injured on a construction site. If you have a major injury then it can be difficult for you to handle the situation. At this time you need to hire a personal injury lawyer. A lawyer investigates your case, collects all the evidence that is to relate to your case and also helps you to provide your compensation. Sometimes many insurance companies do not provide you a fair treatment in this situation a personal injury lawyer will play an important role because he/she represents you and does everything to provide you compensation you deserve.

Save all documents of the accident

Save all documents of the accident like medical bills, evidence, photographs and copy of the police report, if you want the deserved compensation. You can give all documents to your injury lawyer. All these documents will help them to make your case strong.

Benefits of Hiring a Personal Injury Lawyer

Every second we see and hear news about people getting injured in road accident or due to machine failure on the road or at their workplace. If we study the past injury cases then we can see a large number of people getting injured due to other people’s mistakes. When people are injured then they not only get hospitalized due to their injuries but also suffer heavy losses to their assets – car if it is a road accident and their limbs if it is an accident in the workplace. If you have been injured by another person’s mistake then don’t worry; since with the help of a personal injury lawyer you will get compensation from the person or his insurance company who was responsible for the injury. A personal injury lawyer will help you at that time when you are injured and you not able to think or do anything against the company and people who have been negligent in their duty or driving. Personal Injury Lawyer in Escondido are experts in their field and are always ready to help injured people in providing them compensation from the third party that was involved in the accident. Hiring a personal injury lawyer has many benefits some benefits are listed below.

A personal Injury lawyer provides the best Legal Guidance

As we know that personal injury law is very complicated. It is not easy for us to understand injury law without an experienced and expert personal injury lawyer. Filing an injury case in court we, need knowledge about injury law. No doubt, without knowledge we might do some things wrong that might make our case weak. Therefore, here we need legal advice for filing an injury case. Here the good news is before filing an injury case in court you can take advice from a legal professional such as a personal injury lawyer. Personal injury lawyers have all legal knowledge and they know the legal process very well. He/she always gives you the best legal advice according to your case. They help for you out of your stress situations and gives you time for recovery.

Paperwork will be completed by the personal injury lawyer

If you have a major injury then it is very difficult for you to do a lot of things. Working with a personal injury lawyer is the best idea to reduce stress level. Every legal process requires a lot of paper work. It is important to do your paper work without any mistake. A small mistake can make your case complicated. However a personal injury lawyer will do your paper work without any mistake and submit your documents in the court in a timely manner.

A lawyer brings in loads of Experience

Personal injury law is very complicated as we have already stated above in the article. Working with an experience lawyer is always a good idea. An experienced personal injury lawyer has good legal knowledge and they know very well how they can handle your case in court. They know the value of your case. An experienced lawyer does everything to make your case strong such as they collect all details of the evidence, negotiate with insurance company and also represent you in court.

Protect you from third party cheating

Negotiation is an important part of every legal process. Dealing with a third party such as an insurance company or an insurance adjustor is not easy because many times they want to deal with you according to their own requirements and whims; they will try to convince you for a settlement amount which might be much less that what your expenses. Without any knowledge you have no idea what should you do? But if you hire a personal injury lawyer you have no need to negotiate with the insurance company or the insurance adjustor. A qualified and experienced injury lawyer has great negotiating skills. They will play an important role for you in handling the insurance company. Your lawyer represents you before the insurance company and protects you from being cheated. They negotiate with insurance company; gives you best suggestion and do everything to provide you compensation that you deserve.

A Personal Injury lawyer saves your time

Injury cases are not simple as they require a lot of time and research. We all love saving time. Hiring a personal injury lawyer is the best idea to save your time. A lawyer will represent you and you do not need to do legal research because your lawyer does everything and saves your time.

Working with a personal injury lawyer is always a great idea because they will help you to take the right decision.

6 Important Things you need to do after a Car Accident

Nowadays the number of the car accidents is increasing day by day. High speed, distracted driving and drunk driving are the main causes of car accidents. Every day many people are injured in car accidents. We don’t want accidents to happen while driving or walking on the way; still they happened due to the negligence of a person who might be under influence or just does not care about human life or law. There are times when we are minding our own business however we still get hit by a speeding car while walking on the road or just driving to office or back home. If you have been injured in a car accident then you need to take a deep breath and control your emotions. It is necessary, because if you feel calm then you can protect yourself from dangers that might be lurking around in the form of grievous injuries you might have sustained in the accident. If you are not at fault then you need to consider a few things, a few important things that will help you to make your car accident case more strong to receive compensation from the insurance company. You can follow these 6 steps after a car accident to ensure a strong and robust case.

Your Safety needs to be the priority for you

One of the priorities after a car accident is your safety. You yourself are responsible for your safety and security and this responsibility increases manifold after you have been in an accident. If you have a minor injury then first you need to get yourself and other people who might be stuck in the accident away from the danger. Apart from this, if it is possible, then move your vehicle to one side of the road to make sure that traffic is not obstructed.

Call the emergency

Check yourself and your car’s physical condition after the car accident if you have a minor injury you should not ignore it since a minor injury might have far reaching effect on your health and body for a very long time. However, if it is serious accident then you need to call the emergency get an ambulance to take your to the hospital, fire services to get help in case the car has caught fire or someone is stuck in the car rubble and maybe paramedics is someone is stuck between the cars. It is necessary to call Emergency or 911 since this is going to be documented and your personal injury lawyer might ask for it in case the accident goes to trial later on.

Call the police

Police plays an important role in any kind of accident. If you are involved in a car accident case but you are not at fault then it is very important to confirm it to the police. Police will study your case, collect all information and if you are not at fault then they will help you to back your claim since they are going to document the whole scenario and ensure to click pictures as part of their investigation. Don’t let the other driver to move his vehicle from the place where the accident has taken place (just request them not to move you don’t have to fight or convince them to do it) before the police arrives at the accident site.

Take the photographs

Take photographs of your vehicle damage and the others vehicle that was involved in the car accident of course only then when you are not seriously injured and can click the photographs easily. You can also take photographs of your injuries. It is very necessary as you might require them to ensure that the insurance company and the party at fault can be made to pay for the damages and financial losses you have suffered. If you have no witness in your case then you can present these photographs with proof in the court if your claim goes into trial.

Collect all necessary information

You can also need to collect the all information at the accident scene. It is important to make your accident case strong and get compensated.

  • Take pictures of the accident scene
  • Collect the other vehicle’s license number
  • Insurance company and policy number of the other driver
  • Vehicle model make and year are necessary
  • Accident location
  • Collect the statements from witness and also take their contact number

Hire a personal lawyer

If there a serious accident and you have major injury and you are not been able to fight yourself at that time you need to hire a car accident injury lawyer. A personal injury lawyer will help you to handle your case. He/she will deeply examine your case, do all paper work, give you the right legal advice, and help you to get compensation from the insurance company. Hiring one of the experienced personal injury lawyer’s for your injury case will increase your chances of winning your case hundred percent. For getting any legal advice you can get in touch with Personal Injury Lawyer in Coronado.

5 Tips to Consider before Hiring a Personal Injury Lawyer

Personal injury cases are very complicated. They required a lot of time and paper work. If you have been injured then you will not be handle your injury cases because at that time you might be suffering physical and mental pain. For this situation you need to hire a personal injury lawyer. A personal injury lawyer plays an important role for your injury case. He investigates your case, does your all paper work, gives you a solution and helps you receive compensation for your loss.

At present you find so many injury lawyers in your specific areas. However, here the important thing is to see if they can handle your injury case? How you can choose the best lawyer for your injury case when you have so many injury lawyer profiles before you is obviously a challenge since each one will present themselves as the best. Choosing the best personal injury lawyer is not difficult, you just need some patience, and research. Before taking any decision you can take legal advice from Personal Injury Lawyer in Chula Vista. Here are 5 tips that are you need to consider before hiring a personal injury lawyer.

Identify the kind of personal injury lawyer you need

This is the most important thing that we need to consider. First we need to know that all lawyers are not same. Each lawyer is an expert in their respective areas. If we talk about injury lawyer then some lawyers have great experience in automobile accidents and some are experts in slip and fall injury cases. That is why you need to know which kind of lawyer is fulfilling your requirement. If you have been injured by a vehicle then you need to choose a lawyer who is experienced in terms of accidental cases.

Experience

Hiring an experienced personal injury lawyer is very necessary because an experienced lawyer will help you to receive the best compensation. An experienced injury lawyer who has solved many injury cases in the past will be a good choice as presently he will have great experience and he know very well how to give a right direction to your case. He deeply studies your case, understands your situation and gives you the right advice according to your case.

Take advice from your family, friends and professionals

You can take advice from your family, friends and co-workers. They can help you to take the right decision. They can provide you the best injury lawyer’s profile, they will be able to let you know about the ideal lawyer in your specific area, a lawyer that will be able to fulfill your requirements. Asking for advice from professionals is also a good idea because professionals know very well which kind of lawyer is suitable for you injury case and how you can reach them.

Reviews

Checking reviews from past client will help you to take the right decision. Visit a personal injury lawyer’s website and check their past client reviews. Here people share their good or bad experiences. Read them and then you know very well what you should do? Apart from the lawyer’s own website get information about the lawyer via reviews from other sources also, Google, Yelp and of course the local bar association where the lawyer might be a member.

Confirm the fees for their services

Don’t forget to consider the fees for their services. It is important because many lawyers do not charge before the case is solved but there are some lawyer who might charge a fee on the basis of hours before they solve the case. Therefore, you need to ask them about their fees. You can also compare the fees of different lawyers and select the one that suits your budget and expectations.

Apart from the above tips you can also refer http://www.rorylaw.com/a-few-questions-you-need-to-ask-your-personal-injury-lawyer/. It will help you to take your quest for the best personal injury lawyer a step ahead.