Wrongful Death – Accident Attorneys will help you and your Family

Wrongful Death

Wrongful death is the term used when someone causes the death of another person. The death may be caused by the actions of someone or by their failure to act (neglect). Wrongful death is a civil action rather than a criminal action. Since the person killed (decedent) cannot file suit or collect damages, it is the family or representatives of the estate that do so. The intent is to recompense family members who have suffered monetarily and emotionally from the death.wrongful death - accident attorneys Damages can be assessed for lost wages and benefits, loss of companionship, and emotional pain and suffering caused by the trauma.

A defendant can only be held responsible for a wrongful death if it can be proved that the defendant’s conduct was the cause of the death. It must be proved that the death would not have occurred without the defendant’s act. The time between the defendant’s action and the death of the decedent is not a factor as long as it can be proved that the defendant’s action was the cause of death.

If it can be shown that the decedent was partially responsible for his death, then he may be found to have comparative or contributory negligence and dependent upon the state in which the incident occurred, damages may be awarded based on the percentage of negligence imputed to the decedent. Also, if the decedent failed to seek appropriate medical care and that failure led to his death, there may be no grounds for a wrongful death claim or a reduction to an award.

Different states have different methods for deciding who may file a wrongful death suit and who may recover damages. Generally, it must be shown that the death was caused by another’s wrongful act; that the act was such that the decedent would have been due damages from the act; and that monetary damages did arise from the act. If these three criteria are met, it is possible that a wrongful death claim can be filed.truck accident lawyers - wrongful death claim

In a case of wrongful death, damages are assessed to compensate family members for their loss. There are many ways in which damages can be calculated. Since damages can be awarded in a number of areas, it is important to examine each one carefully.

– The most obvious loss in a case of wrongful death is the actual expense occasioned by medical and death expenses. These are usually easy to determine.

– Less obvious but equally important is the loss of future earnings and benefits, as well as the loss of companionship. These damages are more difficult to calculate and include anticipating the lifespan and earnings of the decedent, as well as the relationship to remaining family members.

– Loss of companionship is very difficult to calculate since it is totally subjective and does not lend itself to empirical measurements. It is a measure of the emotional pain and suffering experienced by the survivors.

– A final area of damages is punitive damages. This is an amount awarded to punish the person who caused the death, rather than to compensate for a specific loss. It can typically only be awarded when the action of the defendant was intentional or grossly negligent.personal injury attorneys - wrongful death lawyers

If you or a loved one is in need of legal assistance, call Gonzalez & Garcia Toll Free at (800) 352-HURT or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.

Car Accident involvement | Personal Injury Attorneys can help

Car Accident involvement | Personal Injury Attorneys can help

At some point in your life, you will probably be involved in a car accident. It may simply be a bump in the parking lot, or you could end up in a more serious accident where people are injured. In any case, knowing how to react to a car accident will improve the outcome for everyone involved. car accident lawyers

You may be wondering, “Why do I need to know what to do if I’m in a car accident?” If you do not follow the proper procedure, your insurance company could refuse to pay your claim. In addition, you could face fines if you do not follow legal procedures. Being aware of the steps to follow will help you when you file police reports and when you file for insurance compensation.

As a precautionary measure, keep first aid supplies and an emergency kit in your car. Flares, a bright orange vest, a cell phone, and a disposable camera are all helpful objects to have in case of an accident.

If you are in a moving vehicle when an accident occurs, immediately and safely pull over to the side of the road, turn off your car, and turn on your hazard lights. Check to see if anyone is hurt. If there is an injured person, do not move them until you take standard first aid measures. Place flares, cones, or triangles alongside the road a few hundred feet before the accident so traffic is aware that there is an accident ahead.
Call 911 and inform them of any injuries. If you are on a freeway and do not have access to a cell phone or telephone, check for a roadside phone that you can use.
Trade information with everyone involved in the accident. Be sure to exchange the following:

-Name, address, phone number of all drivers

-Name, address, phone number of all passengers or witnesses

-Driver’s license numbers and license plate numbers

-Insurance companies of all drivers involved

-Registered owners of all cars

-Year, model, make, etc. of all cars involved

Do not discuss what happened with anyone else but the police. Do not say that it was your fault, and do not make accusations. These comments may be used against you later. If time and accident conditions allow, take notes about your perception of what happened.
Immediately report the accident to your insurance company, and to the police if there is over $500 in damages (in Washington state-check with your state laws for the dollar amount in your state). You may find that the other driver has filed a report stating that the accident was your fault.
If you have or suspect an injury, visit a doctor right away.
Following these simple steps will keep the accident scene as safe as possible, and will help to ensure that no one has to bear unnecessary blame. The next time you are involved in an accident, whether it be a fender-bender or a rollover, don’t panic. Now you know the proper procedure for dealing with this type of situation.

Contact our Car Accident Lawyers if you have ever experienced a personal injury and think others are at fault for the accident.