Posts tagged "Wrongful Death"

Representing those who cannot represent themselves

Your own injuries are often things that are inherently easy to understand and process. If you broke your arm, for example, you might seek medical attention, process your doctor's diagnosis and, if applicable, seek compensation from the party responsible for the event. Many of these accidents happen every day in California. While they are serious matters, your own injuries would rarely be as confusing and enraging as those that affect your loved ones. 

How often do truck drivers abuse drugs and alcohol?

Sharing the road with semi-trucks is an unavoidable part of life for residents of California, but when cars and commercial trucks collide, the drivers and passengers in the smaller vehicles are typically those that suffer most. Commercial truck-involved crashes often have devastating consequences, and in many cases, they lead to catastrophic injuries and even death. When the drivers of those semi-trucks are abusing drugs and alcohol before getting behind the wheel, such crashes become even more likely.

Survival actions explained

A wrongful death lawsuit is typically filed following the death of a loved one due to the negligence of another. Yet what happens if your family member or friend is seriously injured in an accident, and then succumbs to those injuries weeks, months or even years later. Many come to us here at Kampf, Schiavone & Associates concerned that their lack of action during the time interval between the event that caused their loved one's injuries and the date of their deaths disqualifies them from filing a wrongful death lawsuit. If you share the same concern, you should know that there is still legal recourse available to you in the form of a survival action. 

Who is responsible for a death at a nursing home?

There are few things more distressing than the loss of a loved one, especially if it occurred suddenly. If you have reason to feel partly responsible for the circumstances that led to the loss, such as placement in a nursing home, then it could alleviate your conscience to know that the fault might not be yours at all. The California legal system is set up to investigate these events, and processing your loss through the law could lead to closure as well as your receipt of proper compensation for your loss.

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 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.

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