Wrongful Death Defined

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Death is something that every living being in this world will face. It is a reality of life that cannot be avoided, only delayed. However, it doesn’t mean that one can’t live a full life. That is why people always ask questions about why someone dies ahead of them. This is also one of the reasons why losing important people for you really do hurt. People can die because of diseases or freak accidents. Though painful, those are causes of death that are much easier to deal with and accept. However, when the death of your loved one is something that is caused by the actions or negligence of some people that is when it gets harder to deal with. You can’t and must not just let their death go in vain.

Giving justice to your loved one’s untimely passing

Losing your loved one because of an unfortunate incident brought about by one’s actions or negligence is truly painful. That is why the federal and state laws came up with a way on how you can make the people responsible for the passing of a loved one liable for their actions. A wrongful death charge is something that you can file against someone who has indirectly caused the death of a loved one. This civil action can be filed by the close relatives of the victim. There are certain statues that depend on which state you are residing as to when and how you can file such claims.

Filing a wrongful death claim

While a lot of people know that you can file a wrongful death claim to avenge the death of your loved one, not a lot of people know how it is filed. And so, here is a quick guide on how you can file a wrongful death claim.

• Meet the basic requirements in filing a claim. First up, a proof of death is needed. Then you need to collect pieces of evidence or present witnesses that can prove that the death of your loved one is caused by a particular person or a group of people. Finally, you need proof that you, or a group of people are suffering from trauma, whether emotional or financial as a result of the death of that loved one.
• Hire a Los Angeles wrongful death lawyer to help you. You need the assistance of a legal expert before you do file a claim. They will guide you in doing the best things that could make your claims strong. These lawyers will be legally representing and guiding you in this highly technical battle.
• File your claims in compliance to the statutes in your state. Depending on what state you are on, there are statutes that limit the filing of wrongful death claims. That is why you should consult a Los Angeles attorney to help you file your claims according to the laws governing such claims.

After filing such claims, expect a hard-fought legal battle if this does not end up in a settlement. So make sure that you also are ready for all of the consequences and the challenges that come with filing a wrongful death claim. What matters here is that you have legal avenues to seek justice for the untimely loss of a loved one.

Can Speech-to-text Devices Save You From Crashing?

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When voice-activated functionality came out on on mobile phones like Apple’s “Siri” and Google Voice, people thought that this could actually be the end of one motorist’s driving woes. Imagine, just say what you need and what you want the phone to do and it’ll figure things out all by itself. You just need an Internet connection and a good understandable speaking and you’re all good to go. However, it seems like this new tech doesn’t work as promised.

Even more distractive

The main reason why voice to text apps was made is to eliminate distraction. Especially when driving, these apps promise to be great tools to minimize, if not completely avoid distracted driving. However, tests made by researchers from the University of Utah say that these cause even more distractions while driving. About 12 male and 20 female drivers aged 18 to 33 were equipped with sensors were given a battery of tests in vehicle simulators and real cars. These studies prove that sending text messages using a speech to text app were more distractive than just listening to the car’s radio or talking to passengers.

Consumer Electronic groups challenge the studies

An industry group, the Consumer Electronic Association has disputed the findings of the University of Utah research. According to the group, the researchers of the university have made “a number of methodology flaws” that resulted in the findings that they have. The group questions the results of the research of the popular university.

The dangers of distracted driving

In another report made a year ago, the National Safety Council said that the use of mobile phones have something to do with 24 percent of all vehicle crashes in the US. A Los Angeles attorney finds this strange since most states now have laws banning the use of mobile phones while driving a motor vehicle. Every year, thousands of Americans die because of accidents caused by distracted driving. The government, even consumer electronic groups are trying hard to do everything to come up with a solution to end distracted driving. This will prevent injuries and deaths that is caused by accidents and there would be no need for a Los Angeles wrongful death lawyer to make claims for these loss of lives.

Los Angeles Couple Gets Justice for Their Child’s Wrongful Death

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For parents, nothing is more important than being able to raise your kids. Being your very purpose in this world, you only want the best for your children. One of the most painful thing that can happen to parents is to see their kids die before them. But what if your child’s death is caused by somebody else’s fault? That could easily be the worst thing ever right?

Challenges of having a special child
Raising a normal kid is hard as it is. Raising a child with disabilities is simply harder. They have special needs and therefore require more attention and caring. Despite these hardships, you will still do anything that you can to ensure that they are well taken care of and that their needs are provided for. In these situations, you’d probably hire professionals that can help you give the best possible care for your kids. But what happens when the people you hired failed to do their jobs and instead cause your child’s demise?

Deadly caregivers
One California couple has lost their daughter, a woman diagnosed with schizophrenia, died due to suffocation in the presence of her caregivers. According to the investigation, 33-year-old victim got mad after one of the caregivers took a photo of her. She started to get violent prompting the caregivers to restrain her in the room. However, the victim was improperly restrained in her bed, causing her to suffocate. To make matters worse, the caregivers don’t know how to administer CPR, failing to revive the victim.

The Battle for justice
Any parent would do anything to get people responsible for their child’s death accountable for their actions, or the lack of it. That is why, the couple asked the help of a Los Angeles wrongful death lawyer and filed the proper complaint against the caregivers and the company that hired them. After a taxing legal battle, the couple was awarded $7.7 million payment for damages caused by the victim’s death.

This victory is a proof that medical professionals should have the right training to make sure that their patients get the best care possible. Moreover, this is a great affirmation that the state and federal personal injury laws are working, giving victims the justice that they deserve. While the compensation may not be enough to bring back the life of your child, the thought that you fought for and got justice for their death is what’s more important.

About Wrongful Death: Existing California Laws

 

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Most forms of personal injury results to the injury of a person involved in an accident. However, there’s one form of personal injury that ultimately results in the person’s death. This is what we call wrongful death. Just like any form of personal injury, this stems from the liable party’s negligence or misconduct.

Basically, the defendant or the liable party in a wrongful death accident could either be an individual or an entity. More importantly, the surviving members of the deceased person, or any qualified person not-blood-related to the person, can file a wrongful death lawsuit against the liable party.

Wrongful death lawsuits often stem from the most common personal injury accidents, including but not limited to the following:

• Vehicle accidents (e.g. cars, motorcycles, trucks, buses, or motorcycle accidents)
• Pedestrian accidents;
• Dog bites and other animal attacks;
• Product liability caused by defective goods; and
• Medical malpractice.

Moreover, every state has its own wrongful death laws, including the State of California. Here, such claim can be filed against the liable party by any of the following eligible persons:

• The decedent’s spouse;
• The decedent’s children, stepchildren, or grandchildren;
• The decedent’s parents, especially if they were dependent on him before the decedent died; or
• Any qualified person who oversees the decedent’s estate; especially if the deceased doesn’t have children or grandchildren.

Like every state in the U.S., the State of California has its own statutes of limitations with regard to filing wrongful death cases. If the death of your loved one stemmed from a motor vehicle accident, slip and fall, or any other form of personal injury, you and your surviving members may file a wrongful death lawsuit within two years from the date of the decedent’s death.

Meanwhile, if it is caused by medical malpractice, you have three years from the date of the injury, or, if it is determined weeks or months after the decedent died, one year from the date of discovery. Also, if the death of your loved one was caused by a defective product, you have two years to file for wrongful death.

Indeed, taking on such a high-profile lawsuit can be very difficult. Apart from dealing with the legal battle to get compensated for the damages you and your family incurred, you’d also have to mourn for the sudden demise of your loved one. In this regard, it is important that you seek the expertise of any Los Angeles personal injury lawyers who can help represent you.