The owners of a dive boat that caught fire on September 2 and killed 34 people off Southern California have filed a lawsuit to head off potentially costly litigation. Some observers have condemned the move, saying it is disrespectful to the families of the deceased. The lawsuit was filed in U.S. District Court in Los Angeles by Truth Aquatics Inc., the company that owned the Conception, under a 19th-century provision of maritime law that allows vessel owners to limit their liability. The law … [Read more...]
Who Can File a Wrongful Death Claim in California?
Dozens of people may be personally affected by a wrongful death, but only certain individuals have the right to bring a claim against the liable party. Under California Code of Civil Procedure 377.60, the following parties have the right to bring a wrongful death claim if they meet specific criteria: The personal representative of the deceased’s estate; The deceased’s spouse or domestic partner and children or stepchildren; The deceased’s putative spouse and his or her children; The … [Read more...]
5 Reasons to Hire an Attorney After a Fatal Motorcycle Accident
There’s no easy way to cope with the sudden loss of a loved one. Feelings of depression and guilt can consume your life and make every day feel like a struggle. You may also be facing medical bills, funeral costs, and lost financial support if the deceased was a primary source of family income. If someone you love has been killed in a motorcycle accident and you intend to file a wrongful death claim, you can expect the insurance company or opposing party to do everything in their power to … [Read more...]
Umbrella Coverage: A Potential Source of Recovery in Tort Claims
Recovering a fair settlement after a serious injury or wrongful death is a tricky process that may involve several insurance policies. Ideally, the person or entity that caused your injury or loss will have liability insurance that covers such scenarios, whether it was a car accident, slip and fall, product defect, etc. In addition to auto, home, and renter’s insurance, some defendants have umbrella coverage. This is extra liability insurance that will kick in if the policyholder is held … [Read more...]
4 FAQs About Car Accident Wrongful Death Claims
No tragedy can match the grief of losing a family member in a sudden car accident. When the death is expected, you at least have the opportunity to say goodbye, but if the loss was caused by another person’s negligence, the burden can be especially difficult to bear. Beyond the emotional trauma, you and your family may also be facing financial turmoil due to medical bills, lost income, and funeral costs. In the state of California, though, certain family members can bring tort claims against … [Read more...]
What Can You Do After a Swimming Pool Accident?
Swimming pool accidents have grave consequences, especially for young children. Each summer we read about the horrors of young children drowning, but near-drownings have their own kind of horror. As a personal injury attorney I have seen families devastated by the wrongful death or injury of a child involved a swimming pool accident. In children ages one to four, only birth defects cause more deaths than drowning. And many victims of near-drownings are left in a … [Read more...]
Rapper Facing Criminal Charges is Sued for Wrongful Death in Civil Action
Marion “Suge” Knight is a rap mogul accused of causing a fatal car accident outside of a fast-food restaurant in California. On February 2, Mr. Knight was charged with murder and attempted murder in connection with the accident. Reuters now reports that the widow of the man killed in the collision has also filed a wrongful death claim. This civil lawsuit is separate from the criminal proceedings and it names not only Mr. Knight but also Dr. Dre , Ice Cube, and Universal Pictures as … [Read more...]
Do You Have to Go to Court for a Long Beach Wrongful Death Case?
When someone you love has been killed because of negligence or wrongdoing, you may be able to bring a wrongful death claim to recover both economic and non-financial losses. California law entitles you to compensation if your loved one is killed by a third party, including a business, corporation, or even a government entity under certain circumstances. To obtain this compensation, there are certain legal steps you must take and certain things you need to prove. To recover funds for … [Read more...]
When is a Death Considered Wrongful?
Death is always a tragedy, but in some cases a death happens because of negligence or wrongdoing. When a preventable accident occurs and someone is killed, those responsible for the accident can be held accountable. A wrongful death lawsuit is the legal process used in California to hold a person or company legally responsible for causing a fatality. A wrongful death lawsuit may be filed in situations where the accident victim would have had a personal injury claim, if he or she had not been … [Read more...]
What Damages Can Be Recovered In Wrongful Death Cases?
What Damages Can Be Recovered In Wrongful Death Lawsuits? by Michael Waks Under California law, certain surviving family members and dependents have the right to receive compensation for the wrongful death of a loved one. … [Read more...]