A wrongful death happens because of another person’s negligence or actions. A wrongful death lawsuit is a claim against that person who may be liable for the death.
Most cases are filed by a close relative. California law provides for financial damages to be recovered. These include all financial support, past and future, provided by the decedent before death, funeral and burial expenses. Non-economic damages, such as the loss of your loved one’s companionship, love and affection can also be recovered.
If you have lost a family member because of someone else’s actions, contact an experienced San Bernardino Personal Injury attorney regarding your options.
Depending on the nature of the case, California law states that a wrongful death action must be filed within two years of the date of the death – other time periods apply to other cases. Your attorney will know how long you have to file.
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\\ tags: accident, attorney, claim, family members, lawsuit, negligence, Personal Injury, wrongful death
A surgeon in Redlands was found negligent in the diagnosis or treatment in a wrongful death suit filed by the husband whose wife died in 2009.
The woman was operated on in 2009 to remove part of her pancreas – a very complicated and risky procedure. His negligence in not recommending a more experienced surgeon who has done this surgery many times was found to have caused her death. It should have been done in a major facility, not small community hospital. A second doctor was also found negligent, but his assistance was not a factor in her death. The suit also named the hospital.
During her surgery a major vein was torn and repaired. She died that evening.
The unanimous jury awarded the man more than $4.4 million in damages. Of course, his wife was worth a lot more alive to him. If you or someone you know has been operated on by a negligent surgeon and has suffered extreme damage or death, contact a San Bernardino Personal Injury attorney who is familiar with medical malpractice lawsuits.
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\\ tags: attorney, Doctor, husband, lawsuit, negligent, pancreas, Personal Injury, Redlands, surgeon, surgery, wife, wrongful death
A Southern California hospital chain is being investigated by California and Federal authorities for an unusually high rate of life-threatening infections among its older patients. Officials are trying to determine if this high rate of septicemia infections is a serious health problem or multi-million dollar Medicare fraud. The investigation began when lawmakers reviewed questionable Medicare billings – about $2.8 million worth of expenses.
Septicemia, better known as blood poisoning, is found in hospitals with improper procedures for infection control. It is sometimes difficult to treat and can be deadly. Medicare pays hospitals more money to treat septicemia. This can result in hospitals filing ‘false claims.’
If you have a loved one that has developed septicemia or has died from it, contact an experienced Personal Injury attorney who will investigate for you. You may be able to file a wrongful death lawsuit.
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\\ tags: attorney, Federal authorities, older patients, Personal Injury, Septicemia infections(blood poisoning), Southern California hospital chain, victims, wrongful death
California Highway Patrol reported that a 21-year old Bakersfield man, a passenger in the car, was killed in the desert town of Trona recently. Police believe the driver may have been drunk when he crashed the car going around a sharp curve at an unknown speed; he lost control of the vehicle and it overturned at least once.
The driver was arrested for possible driving under the influence of alcohol. The accident was not discovered for over three hours due to no cell phone coverage in the area.
My heart goes out to the family of this young man who was killed.
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\\ tags: attorney, California Highway Patrol, car accident, driver negligence, DUI, Passenger, Personal Injury
A Jeep Cherokee transporting four people on westbound Interstate 10 in Fontana was rear-ended the other evening, causing the driver to lose control of the vehicle. The Jeep overturned several times and finally stopped under the Etiwanda overpass.
The driver of the Jeep, was pronounced dead at the scene. The passengers were taken to nearby hospitals with injuries. The California Highway Patrol is investigating the accident to determine just what happened.
My condolences go out to the family of the driver. I would suggest that the family and the passengers contact an experienced San Bernardino Personal Injury attorney to see if they can be compensated for their loss and expenses.
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\\ tags: attorney, driver, Fontana, Interstate 10, Personal Injury, rear-ended, vehicle accident, wrongful death
A 60-year old man, was crossing the intersection of Grove Avenue and Ninth Street in Upland when he was hit by a Toyota Corolla. Paramedics took the injuried man to a nearby trauma center where he was pronounced dead.
The Upland Police Department is investigating the accident and determined that the driver of the Toyota was not under the influence of alcohol or drugs. The family of the man that died may be able to file a wrongful death lawsuit if the driver of the Toyota is found to be at fault.
California Vehicle Code 467(a) defines, “Motorized wheelchair users as pedestrians, with all the same rights and restrictions as someone walking along a roadway. Vehicles are required to yield to them, and that the wheelchair users are to stick to sidewalks or shoulders and crosswalks.”
I offer my deepest sympathies to the man’s family and friends. I hope the family contacts an experienced Personal Injury attorney who will make sure the negligent party is held accountable for this tragic loss.
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\\ tags: attorney, car accident, driver negligence, Pedestrian accident, Personal Injury, Upland Police Dept., wheelchair, wrongful death
When an individual dies because of the negligence or carelessness of another person, it is a wrongful death. Sometimes it is because of actions that were taken or actions that were not taken.
A wrongful death is not a criminal action; it is a civil one. It is the responsibility of a family member or representative to file a suit on behalf of the decedent. The suit will compensate those who suffered emotionally and monetarily. A family member can also sue for punitive damages. Punitive damages punish the person who caused the death. In order for a defendant to be found guilty, it must be proved that he or she is responsible for the death.
If you are planning on a wrongful death, consult an experienced Personal Injury attorney because in most cases, there is a statute of limitations.
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\\ tags: attorney, Civil action, decedent, family member, Personal Injury, Punitive damages, statute of limitations, wrongful death
When a car or SUV has an accident with an 80,000-pound big rig, chances are the passengers will either be severely injured or killed.
This was the case when three people were recently killed in Sunland, California. Five people were in an SUV traveling on the 210 Freeway. The big rig was parked on the side of the road when the SUV slammed into it. Three of the people were killed and two survived. The reasons are not known yet. The big rig driver was not injured.
A person injured in an accident with a big rig has rights. This accident is being investigated; I hope all concerned contact a truck accident personal injury attorney to find out what rights they have. My condolences go out to the families of the people killed.
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\\ tags: attorney, California, Sunland, Truck Accident, wrongful death
A famous fashion photographer from Brazil, Alberto Jose Serejo, was killed by Daniel Howell, a Joshua tree resident while he was under the influence of prescription drugs and inhalants. The accident occurred in front of the Joshua Tree Inn. Mr. Howell was exiting Highway 62, ran a curb and hit Mr. Serejo. Mr. Serejo was taken to a local hospital where he died from his injuries.
Mr. Howell never stopped until about an hour later when he crashed again. At this time, he was arrested for the accident that killed Mr. Serejo. Mr. Howell is under arrest for DUI, hit and run driving and vehicular manslaughter.
Mr. Serejo’s family may be entitled to receive wrongful death damages from Mr. Howell since his carelessness caused Mr. Serejo’s death. This compensation can be used for the funeral expenses and loss of companionship. A lawsuit can never bring back a loved one but the survivors have the right to hold the negligent party accountable for his actions. A good personal injury attorney can pursue the interests of the family members, keeping them informed all the way.
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\\ tags: attorney, car accident, Personal Injury, wrongful death
Last month was the 12th Annual West Coast Monster Truck show. Proceeds are donated to breast cancer research. It was a good weekend and supported an excellent cause. Even though most had a good time, not everyone attending a monster truck show can say the same.
Not long ago a 6-year old boy was killed and a man was severely injured at a monster truck show in Tacoma, Washington. This happened when one of the trucks, driving around in circles, had pieces of metal fly off it, over the safety barrier, and hit the young boy and man. The metal knocked the man down and hit the boy in the head, causing him to bleed.
Both victims were taken to a local hospital where the boy died later in the night. The organizers of the show said they follow safety guidelines and do not know how this happened. They are investigating the accident.
How sad. Even though most people attending monster truck rallies have a great time, sometimes tragedy strikes. If you or a loved one ever suffer from an accident like this or any type of accident for that matter that is caused by someone else’s negligence, remember that a knowledgeable San Bernardino county personal injury attorney can at least help you get compensation for expenses, injuries and damages.
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\\ tags: wrongful death
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