Wrongful death claims are not the only action Californians can take when a loved died because another party has been negligent. There is a lesser known method of obtaining damages called survivors' actions. They are similar, but different.
People in California who have been injured in a car accident have a whole list of new concerns that they must juggle in addition to their everyday lives. Car crash victims may have to worry about fixing or replacing their vehicle, dealing with insurance companies, as well as paying their medical bills and other unexpected costs. Those who are seriously injured might even have more grave concerns, such as regaining their health and mobility.
People in California who have been through a minor car accident probably just want the whole ordeal to be over and done with as soon as possible. However, they probably don't want to give up their rights and get stuck paying significant car repair bills, medical bills, insurance premiums and other costs stemming from the accident. When the other parties involved in the accident or insurance companies won't cooperate, sometimes taking them to court is the only solution.
A tragic accident occurred earlier this month when a man pushing his 7-month-old child in a stroller entered a Point Loma crosswalk. Without warning, a person driving an SUV turned right at the intersection and slammed directly into the man and the stroller, causing serious injuries to both the man and his child. Both were rushed to Scripps Mercy Hospital with life-threatening injuries, including broken bones and serious head injuries.
People who have lost a family member in a car accident may have questions about the damages they may be able to gain in a civil wrongful death lawsuit. Of course, putting a price on a human life is truly impossible, but California's wrongful death laws try to encompass the many ways in which a deceased loved one contributed and provided various services for their family.
People in California who have lost a loved one need time for grieving the life of a close friend or family member. But when their loved one is killed as the result of another person's negligent or reckless behavior, they may also want justice by holding that person accountable for their actions. People who cause the wrongful death of another in California may be required to pay significant damages to the remaining spouse, children or other immediate family members of the deceased victim.
Residents in Southern California may have heard about the latest arrest of rap music mogul Suge Knight, who now faces a multitude of serious criminal charges including murder after he allegedly ran over two men in a parking lot.
Getting out on the open road can instill a great sense of freedom and adventure. However, there are unfortunately inherent dangers that come along with that freedom, and sometimes these dangers manifest themselves in tragic ways. Any car accident can be a scary situation, but when an accident injures a loved one, or worse, these experiences can be incredibly heartbreaking. When that accident was caused by the negligence of another party, there may be legal recourses available.
People who are injured in a California car accident, slip and fall or any other accident have a lot of things to worry about. Not only does paying for unexpected and costly medical treatment become a serious issue, but if a person's injuries are severe enough, they may not even be able to continue working, compromising or completely cutting off the income of a person or family.
When it comes to assessing fault and liability for accidents and injuries in California, there are a few concepts that people should be aware of when deciding about whether to file a civil lawsuit. California's civil tort laws hold that a person is responsible whenever they act negligently, or fail to act if they owe a duty of care to someone, but their duty to compensate the victim is limited to the amount of fault they are responsible for.