Don't let the wrongful death of a family member be the emotional death of you!
Regardless of the situation, the loss of a family member is possibly the most stressful experience that most of us will go though in our lifetime. That irreplaceable loss is made considerably harder when the departed passed away needlessly, or if somebody else is obviously responsible for their demise. For some years, there was no recourse for the surviving members of the deceased, as every legal suit was considered to pass away with the decedent. To maintain fairness, today all fifty states have wrongful death statutes which are designed to deal with this type of loss. Lawfully, the definition of wrongful death is "death caused by the fault of another." Here are some examples of instances of being responsible for a wrongful death: driving while under the influence of alcohol or drugs (DUI, DWI), the manufacture of a defective product (or acting in the capacity of the retail distributor that sold the product in question), constructing an unsafe/unusable house or building or structure, a doctor's failure to identify an obviously deadly illness or improper diagnosis and treatment of a condition resulting in death. These are some of the most common instances of wrongful death. However, wrongful death cases are not limited to the examples given here. If you believe that a recently deceased family member died in a wrongful death situation, call a local personal injury attorney and let him/her examine your circumstances, in order to help you understand the laws and clear up all your questions. A wrongful death lawyer can help you get the justice you seek and assist you in building your claim.
A wrongful death lawyer will look into the conditions of your wrongful death claim and, if suitable, assist you in filing a grievance (complaint) and see your claim all the way through to the finish. Statutes of limitations vary from state to state. For this reason it is imperative to be familiar with the statute of limitations in place in your state. The statute of limitations in each state sets the quantity of time during which you can file a suit. This quantity of time typically starts at the time of demise and lasts for a year or longer. Despite the emotional pain you are experiencing due to the loss of a loved one, it is vital that you get in contact with a wrongful death lawyer before too much time goes by and you lose your right to file a suit because time ran out for you to file. In some cases, if the true reason of demise is revealed well after the demise and wrongful death is alleged, the statute of limitations may be extended until the issue has legal resolve. However, the significance of making contact with a lawyer in a timely manner can not be stressed enough.
Like any lawsuit, you are probably going to encounter a number of obstacles and road blocks throughout your case. Typical difficulties that you may encounter can usually be avoided by straightforward truthfulness with your attorney. If you think there is any factual error in your deceased relative's life insurance policy, this could become an obstacle in your case moving forward. For instance, if a smoker stated that he/she did not smoke, or if the person insured by the policy was older than he/she said they were when the paper work was filled out, then the claim could be thrown out. Additional, less ordinary problems can come about; this is why it is critical that you create a trusting association with your wrongful death lawyer. Common types of compensation/reimbursement you may recuperate are medical/hospital bills and funeral costs, expectation of the decedent's future wages, the loss of health and retirement benefits, loss of inheritance, reimbursement for suffering and mental pain, loss of parental care for surviving children, and wide-ranging penal damages. If you think someone in your family has passed away such under wrongful death circumstances that were avoidable, get in touch with a wrongful death lawyer today. The law is on your side, and is ready and willing to help.
If you happen to live in the Los Angeles area and you have such a claim, you can get competent advise at personal injury attorney in Los Angeles about your wrongful death case. We hope this has helped you in your pursuit for justice in your wrongful death case.
Personal Injury Lawyers in Los Angeles represent injured victims in California and counsel pro hac vice with firms across the United States for torts in: La Quinta, Rancho Mirage, West LA, Beverly Hills, Burbank, City of Industry, Claremont, Covina, Culver City, Downey, Gardena, Glendale, Glendora, Hawthorne, Hermosa Beach, Huntington Beach, Encino, Marina del Rey, Malibu, Tarzana, Northridge, Temple City, Topanga, Valley Village, Arcadia, Azusa, Claremont, Glendora, Playa Del Rey, Pomona, Redondo Beach, Santa Ana, Studio City, Manhattan Beach, Marina Del Rey, Monterey Park, Hollywood, Northridge, Playa del Rey, Pacific Palisades, Pasadena, Reseda, Santa Clarita, Santa Monica, Santa Ana, Sherman Oaks, Torrance, Universal City, Van Nuys, Whittier, Woodland Hills, Long Beach, Bakersfield, Fresno, Modesto, Oakland, Orange County, Irvine, Sunset Beach, Costa Mesa, Anaheim, Orange, Newport Beach, Garden Grove, Anaheim Hills, Riverside, San Bernardino, Palm Springs, Chino, Highland, Sun City, Mission Hills, San Diego, San Jose, Santa Rosa, Salinas, L.A., Oakland, Modesto, Santa Barbara, Sacramento, Yuba City, San Luis Obispo, Santa Barbara, Ventura, Redding. Reno, Las Vegas, Nevada, Germany and Canada as allowed under Hague Convention(s).
Friday, June 19, 2009
DUI San Jose Truck Driver Causes Series of Car Accidents
A truck driver believed to have been on medication caused a chain of mini accidents on northbound Highway 1 in San Jose. The 56-year-old motorist initially clipped a white sedan, and then kept driving, hitting several signs on the way. He eventually came to a stop, but yet again attempted to continue driving. He then lost control of the truck and it rolled over. The truck accident knocked the driver unconscious.
The windshield of the truck had to be cut out to extricate the driver. According to California Highway Patrol officers at the scene of the truck accident, the driver seemed disoriented and incoherent after the accident. The motorist told the officers that he was on medication for a health condition. The officers are continuing to investigate the truck accident.
It's fortunate that the motorist here was not able to cause any major injuries to himself or to other drivers on the highway. In the state that he was reported to be in after the truck accident, there was definitely a possibility of injuries or fatalities resulting from the crash.
Driving under the influence (DUI) doesn't have to imply driving after having imbibed alcohol, or drugs like narcotics and other prohibited substances. It can also involve the consumption of perfectly legal drugs, like prescription medication and even over-the-counter medications. For instance, some over-the-counter preparations like cough formula and cold medications have known drowsiness effects. The labels on some of these medications specifically warn against driving or operating heavy machinery. According to nhtsa.gov, NSAIDs, anti-coagulants, benzodiazepine and ACE inhibitors can impair a person's driving ability causing motor vehicle crashes. Other medications like anti-depressants also have the possibility to impair motor functioning, impacting your ability to drive safely.
The use of one of these medications alone may not impair your driving. Different medications can react with each other to produce a series of side effects that may impair your ability to drive. Older drivers are more prone to impaired driving resulting from drug use because they may suffer from health conditions that necessitate taking several medications in combination with each other.
A driver under the influence of prescription drugs can be just as impaired as a person under the influence of alcohol. When a person causes injuries in a DUI accident that results from the use of prescription drugs, they can be held liable for their actions.
The windshield of the truck had to be cut out to extricate the driver. According to California Highway Patrol officers at the scene of the truck accident, the driver seemed disoriented and incoherent after the accident. The motorist told the officers that he was on medication for a health condition. The officers are continuing to investigate the truck accident.
It's fortunate that the motorist here was not able to cause any major injuries to himself or to other drivers on the highway. In the state that he was reported to be in after the truck accident, there was definitely a possibility of injuries or fatalities resulting from the crash.
Driving under the influence (DUI) doesn't have to imply driving after having imbibed alcohol, or drugs like narcotics and other prohibited substances. It can also involve the consumption of perfectly legal drugs, like prescription medication and even over-the-counter medications. For instance, some over-the-counter preparations like cough formula and cold medications have known drowsiness effects. The labels on some of these medications specifically warn against driving or operating heavy machinery. According to nhtsa.gov, NSAIDs, anti-coagulants, benzodiazepine and ACE inhibitors can impair a person's driving ability causing motor vehicle crashes. Other medications like anti-depressants also have the possibility to impair motor functioning, impacting your ability to drive safely.
The use of one of these medications alone may not impair your driving. Different medications can react with each other to produce a series of side effects that may impair your ability to drive. Older drivers are more prone to impaired driving resulting from drug use because they may suffer from health conditions that necessitate taking several medications in combination with each other.
A driver under the influence of prescription drugs can be just as impaired as a person under the influence of alcohol. When a person causes injuries in a DUI accident that results from the use of prescription drugs, they can be held liable for their actions.
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