Does California Allow Wrongful Death Claims for Murder?

When you’ve lost a loved one at the hands of another, it’s only natural to seek justice for them. With murder in particular, it can be difficult to sit back and let law enforcement bring criminal charges against the person who murdered your family member, but fortunately, you do have some legal options that you can consider to get justice on your own.

The state of California does allow certain individuals to pursue wrongful death claims against someone who has murdered their loved one, however, this should only be done when the murder has sufficient means to compensate you accordingly.

Below, we discuss who is able to pursue the wrongful death claim  and what damages should be included when determining how much your claim is worth.

Filing a Wrongful Death Lawsuit

Under the law, the surviving spouse, domestic partner, adult children, and in some cases adult grandchildren will have the opportunity to file a wrongful death claim.

If no such relatives apply, then the decedent’s siblings or other family members who would have been entitled to an inheritance of the decedent can file the claim. What’s more, the decedent’s parents or stepchildren can bring forward a wrongful death claim in the event that they were financially dependent on the decedent prior to their passing.

Accounting for Your Damages

Once you know whether or not you are legally able to file the wrongful death claim, you’ll work with your attorney to determine what damages should be included in your claim. In California, you an obtain compensation for the following losses:

  • Loss of financial support and/or income
  • Funeral and burial expenses
  • Loss of benefits and gifts
  • The loss of household services
  • Loss of parental guidance and training
  • Loss of companionship and love
  • Loss of comfort, support, care, affection and protection

You may also be able to bring forward a survivorship action that will allow you to recover compensation for the pain and suffering that the decedent endured between the time that they were initially injured and the time of their death.

Get Help from an Orange County Wrongful Death Lawyer

If your loved one has been murdered and you want to take matters into your own hands while you wait for a criminal trial to proceed, get in touch with an Orange County wrongful death lawyer who can help you bring a claim against the murderer in civil court.

Legal Options After the Death of a Loved One

When you suddenly discover that your loved one has passed away unexpectedly, it can be one of the most devastating experiences of your life. As if things couldn’t get any worse, finding out that their death was caused by the actions of another can turn your grief into fury.

Thankfully, you do have legal options to obtain the justice both your family, and your deceased family member deserve. Read on to learn more about filing a wrongful death claim in New York City, and the damages that you’ll be able to secure if you win your case.

Filing a Wrongful Death Claim in New York City

Before anything else, you need to make sure of two things: one, that you get your claim filed before the statute of limitations expires, and two that you are actually entitled to filing the wrongful death claim in the first place.

In New York, you’ll have two years to file your claim in the court system. This is critical, because if you don’t file before the statute of limitations runs out, you will be barred from seeking the compensation you deserve.

Next, you need to be aware that only the personal representative of the decedent’s estate is able to file the wrongful death claim. This could be the surviving spouse, adult children, or anyone else that the decedent left the control of their estate under. It isn’t as simple as just any family member of the deceased being able to file the claim- it must be the designated representative.

What’s more, regardless of who the assigned representative is, any damages that are awarded will be held in the form of a trust by the representative for the surviving family members of the decedent.

When you’re ready to fight for the compensation your family deserves, work with an attorney to ensure that you know when the statute of limitations will run out, and to find out who is the designated representative of your loved one’s estate.

What Damages Will Be Included in Your Claim

Now that you know you have the right to file a wrongful death claim, you probably are wondering how much you can expect to recover. The amount will vary on a case by case basis, but for the most part, damages sought in a wrongful death claim are the same and will consist of:

  • Medical expenses the decedent incurred prior to their passing
  • Funeral and burial costs
  • Pain and suffering the decedent endured
  • Loss of inheritance, wages and benefits
  • Loss of support and household services
  • The loss of nurturing, care and guidance
  • 9% interest on the total damages from the date of the decedent’s passing

It’s important to note that while parents of a deceased child will be able to recover damages for lost services of their child, surviving family members do not have the right to seek compensation for their own loss of companionship, pain and suffering or emotional distress.

Your attorney can go over every single loss your family endured and ensure that no damage goes unaccounted for when calculating the value of your claim.

Speak With a NYC Wrongful Death Lawyer

The loss of a loved one is never easy, and when someone else is responsible for causing their death, they should be held accountable and brought to justice. You can work with a qualified wrongful death attorney in NYC to ensure that you get the most out of your claim.

When Bad Roads Cause Crashes

Most drivers will be involved in a car accident at one point or another in their lives. As responsible drivers, we do many things to minimize the likelihood of being in a car crash, such as obeying traffic laws, driving the speed limit, making sure our vehicle is maintained, and not driving under distraction.

Despite these efforts, there are circumstances where outside elements come into play, to the detriment of the driver. It is impossible to avoid other bad drivers on the road, and it is also impossible to avoid all bad road conditions. When bad roads cause crashes, it can come as a surprise, because we expect the cities and states to maintain their roads and highways to standards of safety and driveability.

Examples of Bad Roads

There are numerous details that can affect the quality of roads and highways. From lighting to signage and poor design, roads left neglected and unmaintained can contribute to the frequency of car accident related injuries and fatalities.

  • Blind curves
  • Obstructions to vision
  • Bad landscaping designs
  • Traffic signals that are poorly placed
  • Roads with large potholes
  • Roads made from inappropriate materials
  • Poor nighttime lighting
  • Lights that are too bright
  • Broken guardrails
  • Greenery that blocks signs
  • Speed limit signs that are poorly placed

If you were involved in a car crash that you suspect was due to poor road conditions, such as any of the aforementioned reasons, poor roadway maintenance, or faulty road design, you will first need to contact your car insurance company and report the accident to them. Most liability coverage plans will aid in the recovery of injury and property damage costs due to car crashes on bad roads and highways. You will also want to consult a medical professional regarding any injuries or trauma you sustained as a result of the car crash so they are thoroughly documented. Should you choose to proceed with an insurance or personal injury claim in the Boston area, you will want to contact an auto crash lawyer in Boston.

Filing a personal injury claim as a result of bad road conditions can be complicated. Not only do the bad road conditions need to be proven, but also that the conditions were the cause of your accident. These types of claims require the experience and knowledge of an auto crash lawyer who can guide you through the process step by step. With the help of a personal injury lawyer that specializes in car accidents, you will increase the chances that you will receive the maximum amount of financial compensation to which you are entitled.

 

https://en.wikipedia.org/wiki/Traffic_collision

https://en.wikipedia.org/wiki/Personal_injury

How to Survive Traffic Court

It was one little mistake, if you think you made a mistake at all. The police officer claims you ran a stop sign, failed to yield, or that you were speeding. However, that means you just received a traffic ticket, and that can be more than a little pricey. It can have long-term consequences on your life.

That means you must be ready for traffic court as soon as possible after you sign your ticket. When you’re accused of committing a traffic violation, you must prepare to defend yourself and survive traffic court. Not sure where to start? Make sure you take the following steps before your day in traffic court.

Know the Consequences

First, don’t assume that your consequences begin and end with the fines you’ll need to pay. Instead, note that you’ll also receive points on your license, which can hurt you in the future. That’s because New York works on a points system, which means each violation with which you’ve been charged adds up.

Each violation is worth a certain amount of points, which can range from a minor three points for a passing violation to eleven points for speeding over 40 miles per hour. When you hit eleven points, however, the problems start. Those problems can haunt you long after your ticket.

If you receive eleven points, you’ll have your license suspended, along with any other fines and fees you must pay for the violations. That leaves you paying for alternate transportation, so you must fight back and get your charges dropped.

Prepare a Solid Defense

When you’ve been charged with any traffic violation, it’s best to fight back now, rather than letting the fines continue to build. So, you must plead “not guilty” and prepare to defend yourself in traffic court. Often, it’s best to have an NYC traffic ticket lawyer on your side for this.

The defense you take will depend on your unique situation and the charges you receive. For example, let’s say you’re charged with driving 25 miles per hour over the posted speed limit. In this case, your attorney might fight back by checking the speed limit in that area, taking into account the weather conditions and other issues that might affect your defense.

Otherwise, your lawyer may take another look at the radar equipment used to determine your speed. In some cases, it may have been calibrated in an improper manner, and because these machines are so sensitive, that could affect your claim. They might also talk about the officer on the scene, and about whether they received proper training.

Speak with a Lawyer First

When you get a traffic ticket, getting your charges and fines dropped will be vital. You shouldn’t have to pay those high expenses, but you’ll need help if you’re going to survive traffic court and walk away with your license. Luckily, that’s what traffic ticket attorneys are here for.

If you’re dealing with a traffic ticket, get the help you need to protect yourself and your right to drive. Instead of fighting alone, without all the tools and resources you may need, reach out for the help a lawyer can provide. Before you plead and set your date in traffic court, make sure you have the help you need on your side–it can make a big difference.

A Day in Court for a Car Accident Case

Car accident cases are quite common in many parts of the world. Nobody prays to have an accident but if you drive an automobile, you may have an accident a few times in your driving career. Below are some things you should know if you ever have a day in court for a car accident case.

Most Accidents Fall under the Civil Case Category

In most cases, if you sue another party seeking compensation for accident injuries, this will fall under the civil case category. In this case, the defendant has no criminal liability, but there is a civil liability. If you win the case, you get paid compensation by the guilty party.

The Case Can Be Settled Out-of-Court

You can still withdraw the case even if you have already taken the other party to court. Remember that your aim is not to send the other party to jail. You just want compensation for personal injuries you suffered when the crash occurred. It follows if the other party comes up with a sensible out-of-court settlement, you should accept the offer. However, you should discuss the settlement with your lawyer before you accept it.

Preparing Your Case

You cannot afford to go to court if you have not made adequate preparation for the case. Look at things this way. You were involved in a car accident and the other driver was at fault. Your car was damaged and you sustained injuries in the crash. You want to have your day in court so that the court will compel the other party to pay you compensation. The first step is to consult a lawyer specializing in car accident cases. State your case and give the lawyer all the relevant details.

File the Case on Time

It is important to file the case at the right time because car accident cases have a statute of limitations. If you do not begin the legal process at the right time, you might run into a hitch down the line.

Seek Reasonable Terms

In car accident cases, it is important that you seek reasonable settlement. This is because the court is not apt to grant all your prayers. Discuss your needs with the lawyer and this expert will help you present a good case.

When You are at Fault

In case you are the guilty party, you should not take anything for granted. Consult a competent lawyer immediately after the accident and state your own side of the story. Do not presume the other party will be lenient with you. A qualified and experienced car accident lawyer will defend you and ensure that you get relatively favorable terms in court.

Final Word

A car accident case is not a criminal matter. It might be a huge inconvenience but you can cope with it if you consult the right legal expert. It does matter if you are the defendant or the plaintiff. Seek legal representation and you will get a good deal when you have your day in court.

Sources:

1.https://en.wikipedia.org/wiki/Traffic_collision

  1. http://www.wisegeek.com/what-should-i-know-about-car-accident-liability.htm

How To Find The Best Personal Injury Lawyer Utah Has To Offer

When it comes to finding the best personal injury lawyer Utah has to offer, one must follow a few guidelines to help simplify the process. According to Wikipedia, a personal injury attorney/lawyer is an professional who offers legal assistance to persons who allege to have been physically or psychologically hurt due to the the negligence or unlawful activity of another party.


A good personal injury lawyer should be knowledgeable and experienced with regard to tort law, which includes economic or non–economic damages and civil wrongs to a person’s rights, reputation, or property. Although they are trained and certified to practice any field of law, personal injury lawyers generally handle cases that fall under tort law. For example, automobile and other injuries, work injuries, slip and fall accidents, medical mistakes, defective products, and more.

Things to Consider Before Hiring a Personal Injury Lawyer

• The initial consultation should be free
• The lawyer’s experience matters
• One does not always need to file a lawsuit
• The lawyer’s fee
• Expenses are not always included
• One may need to pay back one’s insurance company
• Lawsuits take time
• There are no guarantees

Choosing the Best Personal Injury Lawyer in Utah

According to Lawyers.com, a good personal injury lawyer should help clients collect money to pay for permanent or temporary disability, lost wages, medical expenses, pain and suffering, and any other injury–related costs. Injured patients need representation and guidance, particularly at a time when they are vulnerable. At craigsswapp.com, injured people can explore their options and get detailed information on choosing and working with a personal injury lawyer.

How is a Compounding Pharmacy Different from a Traditional Pharmacy?

Have you heard the term “compounding pharmacy” and wondered what it is. A compounding pharmacist can combine drug ingredients to customize your medication. As a result, you will have access to medicine and other solutions that are designed to improve your health specifically. We encourage you to read more to learn how a compounding pharmacy is significantly different from a traditional one.

A Compounding Pharmacy vs. a Traditional Pharmacy

  • Convenience. We are available to answer your questions every day, all day. You can connect with us in person or online which means that a pharmacist will be ready to answer your questions even on the weekend when other pharmacies are closed.
  • Cost. Our prices are affordable because we believe that high-quality medication should be something accessible to everyone and not just an elite few. If you have avoided trying a compounding pharmacy because you were concerned that you could not afford it – give us a call. We can discuss your medication needs and ways that we can keep the cost down.
  • Patient Care. A belief in holistic health drives us towards a patient-centric care philosophy. We are an important part of a three-legged stool that combines you (the patient) and your physician. Working together, we can identify solutions to improve your health and your vitality. A traditional pharmacist may only fill your medication. We seek to improve your quality of life by customizing your medications and identifying other solutions that can help you.

The Biggest Benefit of Visiting a Compounding Pharmacy Instead of a Traditional Pharmacy

As a compounding pharmacy, we become a partner in our patients’ health, providing solutions that they cannot get elsewhere. If you know someone that is struggling with their health and looking for a change, share this blog post with them so that they can become empowered to do so.