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What Damages Can You Seek for Wrongful Death?

Thursday, March 16, 2017

If someone you love has been killed in a fatal accident that is the fault of another person or entity, it can be a devastating time. Not only were they taken from you suddenly, but you likely don’t want to think of the financial vacuum that their loss has created in your life. However, if someone you loved was the victim of wrongful death, you can seek damages against them.

The damages available for wrongful death vary from state to state, but in California, the available recourse is quite liberal. When filing for wrongful death, you can seek monetary compensation to cover:

  • Funeral expenses

  • Medical bill coverage for the final injury

  • Lost income including lost potential income

One major factor that is missing is the ability to seek damages for grief and emotional distress. In wrongful death cases, typically this is not something you can go after.

Who Can Seek Wrongful Death Damages?

While the damages you can seek are a little more negotiable, there is a wide array of different family members that can file wrongful death lawsuits. However, while surviving spouses, child, parents, stepchildren, and putative spouses can bring about a wrongful death claim, they must first have had some monetary dependency on the deceased if they want to get full damages aside from the coverage of medical bills and funeral expenses.

If, for example, a parent sought wrongful death damages and did not have any financial help from the deceased, they would not be able to pursue loss of potential income. However, if they needed support from the deceased, like if they paid for a nursing home, then that would open up the path for loss of income damages.

Unfortunately, wrongful death cases are often long and stressful. If you are in the Los Angeles area and need representation, contact us today so that the Law Office of Freeman and Freeman can help take some of that stress away.


Sources of Evidence to Gather After a Pedestrian Accident

Thursday, February 02, 2017

If you were a pedestrian outdoors and were involved in an accident that resulted in injury, you have the right to pursue legal action against those responsible to cover your medical bills, lost wages, and other expenses. There are rules of the road for both pedestrians and those they share the world with to ensure pedestrian accidents are kept to a minimum, but when accidents do happen, the case is not always to straight forward. To ensure you win you claim, you need strong evidence. Don’t wait until months after the accident, either. Start gathering your evidence as soon as possible, even if you choose not to seek legal action later.

Photographs

Photographs of an accident are often taken for insurance purposes, but they can also help your legal case. Be sure to get copies so you can easily counter a motorist’s defense if they try to change what happened in the accident.

Medical Records

Medical records are important for any personal injury case. They don’t prove how the accident went down, but they do prove your injuries.

Your Clothing

Many people forget that clothing can be valuable evidence. Car paint and other debris can be lodged on your clothing that prove the force of impact was enough to damage the car and therefore damage you. It is important to ask emergency room personnel to keep your clothing if your accident was bad enough to merit them disposing of it.

Evidence is crucial in a solid personal injury case. If you were injured in the Los Angeles area as a pedestrian, contact us. We can help you gather evidence and build the strongest possible case to get the settlement you deserve.

Don’t Delay Medical Care After a Slip and Fall Injury

Thursday, January 26, 2017

Falls are the number one cause of unintended injury, and while they happen every day, many people do not seek medical attention, let alone legal recourse against those responsible for it. Why is that? While slip and fall injuries can cause bruising, swelling, back pain, muscle aches, and immobility, often injuries aren’t so apparent immediately after the injury.

Often, fall injuries don’t present symptoms until the day after the injury, with some symptoms not manifesting for up to a week after. However, while you might think you can walk off an injury, if you want justice from the responsible party, don’t slip up and put off medical treatment.

Not only are you doing harm to yourself by not seeking medical treatment, but you are practically killing your case. If you put off going to the doctor for a day or two after a fall, that is understandable. However, the longer you wait to get medical treatment, the more likely it is that the legal representative of the responsible party will say that your slip and fall injuries were caused by something else. Why else would you wait to see a doctor?

It is best to go to a doctor immediately after a slip and fall accident, if not for your own health, for the health of your potential case. Often, doctors can diagnose an injury before the symptoms even start. If you have been a victim of a slip and fall injury and want to seek damages for your injuries, contact us today.

What Damages Can You Seek for Traumatic Brain injuries?

Thursday, January 12, 2017

If you or someone you know has endured a traumatic brain injury, you may be entitled to seek damages, providing the accident was not your fault. However, unlike other accidents, many don't know exactly what damages they can seek for a brain injury.

Loss of Earning Capacity

This is typically the first sort of damages that should be sought after a brain injury. It has been found that those who suffered a brain injury often retire up to 15 years sooner because they typically have trouble focusing, controlling anger, retaining key memories, and suffering from fatigue. Taking that into consideration, you may be able to receive damages because you had to take a lower paying position and your working years may have been cut short.

Life Care Damages

If you have suffered a traumatic brain injury, there are a number of costs that come with the injury. This includes physical therapy, medications, surgery, and time spent in the hospital. If the injury was not your fault, you should not be left with these bills.

Pain and Suffering

Pain and suffering can be difficult to calculate, as can its close cousin loss of enjoyment of life. In some court districts, experts on pain and suffering aren't even allowed to testify, but when they are, they present a number of economic statistics that prove that your quality of life has been diminished by a certain percentage.

If you or someone you love has been a victim of a brain injury, don't go after damages alone. With a good personal injury attorney, you can get so much more and we can assure that you win. Contact us today to see what potential for a case you have.

What Classifies as Wrongful Death?

Thursday, January 05, 2017

When someone close to you dies, it always seems "wrong," but that doesn't mean that is classifies as wrongful death. If they slip away slowly after years of sickness, it is devastating, but it is not a wrongful death. However, when a loved one passes away, it is not always so cut and dry. If you believe that a death of a loved one classifies as wrongful death and thus entitles you to legal action to help cover their medical bills and funeral fees, there are three simple situations that are applicable for a wrongful death suit.

When the Victim is Intentionally Killed

If your loved one was the victim of a murder, that classifies as wrongful death. A good example of this is the case against OJ Simpson. Not only was he put on trial for murder, but also the wrongful death of his wife, Nicole Brown Simpson, and Ronald Goldman. As the death was perceived as intentional, it was easy to classify.

When the Victim Dies Because of Medical Malpractice

If a doctor failed to diagnose a condition or they were careless in the level of care needed for a condition that resulted in death, not only can a malpractice suit be brought against them, but a wrongful death suit as well.

Car Accident Fatalities Caused By Negligence

If there is a car accident that resulted in the death of a loved one that was caused by the other driver's negligence, you can also bring a wrongful death suit against the offending driver.

While there are several other situations that can fall under wrongful death, you shouldn't have to research them on your own. If a loved one of yours has passed, you deserve time to grieve. Contact us today so that we can build your case while you spend time with your family.


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From our offices in Woodland Hills, California, Freeman & Freeman, LLP, provides legal advice and representation for clients in communities throughout the state, including those in Burbank, Glendale, Encino, Sherman Oaks, Van Nuys, Tarzana, Santa Clarita, Agoura Hills, Reseda, Canoga Park, Chatsworth, Northridge, Granada Hills, Pacoima, Panorama City, North Hollywood, Thousand Oaks, Simi Valley, Lancaster, Palmdale and Alhambra.