Wrongful Death Archives

What do you do if a loved one dies in nursing care?

Losing someone you care about is never easy. However losing someone when you have entrusted that individual's care to a responsible professional organization has the potential to be even more distressing. Luckily, California law would offer you some recourse should the unthinkable happen to a relative of yours in a nursing home.

Is a wrongful death settlement taxable?

If you have received a wrongful death settlement in California, it is likely a large chunk of money. One thing that may come up is if you need to pay taxes on that money. It is money received and not earned, but are settlements like this taxable? The IRS rules can be quite confusing for your average person, so here's a look at things in layman's terms.

When a loved one dies due to elder abuse

Wrongful deaths occur in various ways and we have talked about many of them on our blog. In some instances, a person may pass away due to a defective product or an accident that happened in the work place because of someone else's negligence. However, there are some people who are particularly vulnerable, such as elderly folks and those who live in assisted living care facilities, whose lives are lost because of negligence and carelessness. If your loved one passed away in a nursing home and you believe that their death occurred because of an employee's poor behavior, you may want to look into the case further and pursue the justice your loved one deserves.

Could you die from a chiropractic adjustment?

When you go to the chiropractor, you probably do not think that anything you have done could result in death. However, neck manipulations are a concern because they can lead to narrowed arteries, tears in blood pathways and even blood clots, which may cause a stroke. As Science-Based Medicine notes, neck manipulations should only be used when all other methods of treatment have failed and only when this type of manipulation has been shown to be beneficial for your condition. 

Wrongful death and medical malpractice

When someone dies in California as the result of medical malpractice, the surviving family members often file a wrongful death suit against the doctor and/or medical facility whose negligence caused the death of their loved one. As bsfdea.com explains, the Institute of Medicine calculates that as many as 100,000 Americans die each year from preventable medical errors.

What is wrongful death?

If one of your loved ones has passed away due to the negligence of someone in California, such as a doctor, a nursing home or a distracted driver, you may have a wrongful death action. Wrongful death also can be the result of malice, such as murder. In these cases, the civil action for wrongful death is completely separate from any criminal prosecution. It is not necessary that the perpetrator be convicted of a crime for you to be successful in your wrongful death suit.

Wrongful death and large truck collisions

Whether someone loses their life because they were prescribed the wrong medication or involved in an accident at work that was caused by malfunctioning machinery, there are many examples of wrongful death. However, large truck accidents are a major cause of fatalities that could have been prevented in San Bernardino, and other California cities.

Auto accidents and wrongful death

While there are many types of wrongful death cases, such as those which involve medical malpractice or a defective product, fatal auto accidents caused by someone's negligent behavior are especially prevalent in San Bernardino, and the rest of California. At Kampf, Schiavone & Associates, our law firm recognizes the many challenges that families frequently exprience after they have lost a loved one because of someone's careless behavior.

Wrongful death cases take many forms

If you have recently lost a family member, you are likely struggling with a number of challenges. For example, you may have a great deal of emotional pain, an inability to pay your bills and concerns about your future or the impact your loved one's death will have on other family members. Unfortunately, many people in San Bernardino and other communities across the state have passed away due to someone's reckless behavior or a company's negligence. Every wrongful death claim is unique and it is vital to understand that these cases take a variety of forms.

What are the statute of limitations for wrongful death?

If you recently lost a loved one due to another person's negligence, you may have a number of questions and be unsure of how to handle the situation. However, it is essential to make sure that those responsible for your loved one's death are held accountable for their actions. In San Bernardino, and all throughout California, some people who are facing this hardship decide to take legal action. However, you should understand the statute of limitations for wrongful death.

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