Causes of wrongful death

In Los Angeles, wrongful death litigation can be a complicated process. Each wrongful death case is different from the other as the process of litigation will depend on what manner the victim would have died.

But what is a wrongful death?

A wrongful death refers to fatalities that are results of another party's negligence or inadequate behavior. It may involve another person, an organization or a company.

Common Causes of Wrongful Death in Los Angeles

There are various causes of wrongful deaths in Los Angeles. The most common are the following:

* Vehicle accidents - These include car, motorcycle, trains, airplanes and other mode of transportation accidents. This also covers pedestrians who died as a result of the accident as well. The driver, vehicle manufacturer, and owners can be held liable if it is proven that the accident was a result of their negligence.

* Defective products - Product liability laws protect buyers and consumers from unscrupulous designers, manufacturers and sellers who do not ensure the safety of their product. If proven that inadequate behavior caused the defect on the product that led to a wrongful death, they can be held liable under the law.

* Medical malpractice - All healthcare professionals should perform at a standard in which other people of the same capacity would provide in the same instances. Inadequate attention and effort by doctors and healthcare professionals could lead to misdiagnosis, surgery errors and medication errors that could cause wrongful death. Wrongful death litigation against the doctor or even the hospital is to be expected.

* Workplace Accident - People working in hazardous and dangerous workplace are already at risk as it is without employers neglecting their duty to keep their employees safe. Employers can ensure safety by providing safety equipment and gears, and providing training in regard to hazardous materials and equipment. Manufacturers of defective tools and equipment can be held liable as well if that said product is the cause of an accident and led to a wrongful death.

* Slip and fall accident - Under the premises liability law, all owners must ensure that their property is safe not only for his family but also the whole community. A slippery floor, uneven staircase, unfenced pool and even animals on the loose in the premises of the property can cause an injury and even wrongful death.

People Who can file a Wrongful Death Lawsuit

In Los Angeles, the people who can pursue wrongful death litigation in behalf of the victim are:

* Immediate family - This includes the spouse or domestic partner, children of the deceased, offspring of deceased children.

* Dependents of the Victim - This includes a putative spouse from a void marriage where the court finds that he/she believes that the marriage is valid, children from the putative spouse, parents, stepchildren and a minor who has resided with the victim for at least 180 days previous the victim's death.

These deaths are very tragic as it could have been avoided if not for the negligence of other people. Los Angeles wrongful death litigation attorneys can help you get justice and what is due to your family because of the death of your loved ones.

Do I Have An Auto Accident Case?

Copyright (c) 2009 Michael Schafer

Automobile accidents cases include car accidents, truck accidents, motorcycle accidents, bicycle accidents, accidents involving pedestrians and fatal accidents (wrongful death cases). I know I am stating the obvious, but an automobile accident case is a personal injury case where an individual has been injured in a collision involving one or more vehicles. The accident was not their fault. Any type of vehicle can be involved in the accident. There are accidents every day involving cars, trucks, motorcycles and bicycles. These are all accident cases. Some will involve claims for property damage only. Others will involve claims for medical bills, lost wages, pain and suffering, as well as property damage. The bottom line is if you were in a collision involving a car you may have an automobile accident case. You should speak with an attorney to determine if this is the case.

There are two basic parts of an automobile accident case. Both liability and damages must be present for there to be an auto accident case. If one is missing you do not have a case.

Liability deals with the cause of the injury. That is how the accident happened. If the injury was a result of your own actions in most circumstances you do not have a case. If your injuries were caused by the actions of another person you may have a case. This depends on whether the other person did anything wrong or their actions were negligent. This does not mean that they intentionally caused your injury. They do not have to mean to do it. If a person isn't paying attention by talking on a cell phone and slams into the rear of your car there is usually liability. If you caused the accident you do not have a case. If there is a dispute as to liability or how the accident happened you may have a case, however, it may be more difficult to prove.

You must also have damages to have an auto accident case that can be pursued. Just because someone did something wrong or was negligent does not mean that you have a case. You must sustain some injury or have some damage that can be measured. If you are in a car accident and your car is damaged, but you are not hurt you do not have a personal injury case. You have a property damage case, but not a personal injury case. Since you have no injury you cannot make a claim for pain and suffering or in other words for personal injury. Be thankful if you are in this situation. No matter how much money you recover in an automobile accident case, it is never worth what you have to go through. If you are hurt and have to go to the doctor you probably have damages.

Your damages can include pain and suffering as well as loss wages, medical bills, loss of services, etc. Pain and suffering is not an element that is easily measured. How much is a broken arm worth? How much is a bad back worth? What if there is a herniated disc? It will be different in every case.

As always, you should consult an attorney to get advice if you think you may have a case. Many attorneys, including myself, offer a free consultation. If you think you might have a case you should take advantage of this so you can determine what your legal rights are. You can then make an informed decision on the direction that you want to go that is best for you.