Many people do not know that statute authorizes recovery in California Wrongful Death for unmarried homosexuals under certain conditions. Section 377.60 of the Cal. Code of Civil Procedure was amended on October 14, 2001 to add “domestic partner” to the class of persons with standing to sue for wrongful death; this amendment did not become effective until January 1, 2003.

These rights and benefits include recognizing the right to bring tort actions for wrongful death and for negligent infliction of emotional distress as well as the right to employee benefits such as family health care, group insurance and unemployment benefits. (See Rivera, Our Straight-Laced Judges: The Legal Position Of Homosexual Persons In The United States (1979) 30 Hastings L.J. 799, 874.)

And recovery for negligent infliction of emotional distress is not limited to couples that are married. (Ledger v. Tippitt, 164 Cal.App.3d 625.) When marriage is not a requirement for recovery, there is no reason to distinguish between heterosexual relationships and homosexual relationships in determining whether the relationship is significant and stable. (Note, Marital Status Qualifications: Protecting Homosexual and Heterosex 1284 Cohabitors (1986) 14 Hastings Const.L.Q. 111, 137-139; see Butcher v. Superior Court (1983) 139 Cal.App.3d 58, 70[setting forth certain elements indicative of a stable and significant relationship].)

What this means is that in California, no matter what your moral beliefs, homosexuals who take care of each other, are apparently allowed the same rights to get paid under tort law if they are domestic partners pursuant to statute. It appears the California legislature believes a domestic partner who has the same love for a person of the same sex should be able to recover money damages when that person suffers a wrongful death.

And although many people do not know that statute authorizes recovery in California Wrongful Death for unmarried homosexuals under certain conditions. This seems to be cottage industry in the personal injury professions in big cities like Los Angeles, San Francisco, and smaller cities such as Hillcrest, and Laguna Beach with their large populations of homosexuals , transvestites and proportionally huge cases of AIDS, or acquired immune deficiency.

If you or someone you know is in a same sex domestic partnership, and they were involved in a tort, they may be leaving money on the table if one of them is injured due to the negligence or recklessness of a tortfeasor. The first step is to contact wrongful death lawyers, or a tort attorney depending upon your unique situation. Getting financial recovery for a homosexual wrongful death domestic partnership can go a long way to helping the lover who was left in the behind.

By: Michael Ehline

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If you’ve been injured in an accident or were the victim of a wrongful death, it’s very likely that the first thing anyone recommended you do (after visiting a physician) is obtain the services of a personal injury lawyer. Unless they have been through the legal process, however, that’s probably where they knowledge of the process stops. They don’t have a clue what’s going to happen after you make that phone call!

When you’ve been the victim of someone else’s carelessness, a personal injury lawyer is your most valuable asset when it comes to obtaining the compensation and negotiating the settlement that you deserve. Time is of the essence when it comes to filing your personal injury claim, so it’s vital that you contact a personal injury lawyer as soon as possible after the accident to ensure that you don’t forget any of the details surrounding the incident and, equally importantly, that you are well within your state’s statutory guidelines for filing a claim. (Most states allow you to take legal action for a year or two after the incident, but after that point declare that too much time has passed. Don’t let that happen to you!)

The first thing your lawyer is going to do is meet with you to discuss the details of your case and determine whether or not it will be able to stand up in a court of law. An experienced personal injury lawyer will have heard just about every story in the book when it comes to the events (and protestations of innocence) surrounding an accident, and they’ll be able to pick through the fine print and determine whether or not the parties responsible for the injury or death can be held liable by law for the accident. Because most personal injury lawyers work on contingency (which means that unless they manage to negotiate a settlement for you, they don’t get paid) they will be honest with you from the beginning about your chances of winning your case-they don’t want to waste hours of their time and yours when neither one of you will benefit.

From that point your personal injury lawyer will walk you through the process of filing your claim. Unfortunately, it is the victim of the accident that must prove the guilt of the other party, and while ideally everyone would be willing to step up to the plate and take responsibility for their actions, the truth is that nine times out of ten they’re going to fight tooth and nail to protest their innocence. Your lawyer will be able to help you document the evidence that they were, in fact, responsible, and they’ll file the papers through the court to get the legal wheels turning.

Most personal injury cases settle out of court, because let’s face it-no one wants the hassle or the bad publicity of a long, messy court battle. Your personal injury lawyer will work together with the legal counsel of the responsible party to negotiate a settlement for your medical bills, lost wages, pain and suffering, property damage, embarrassment, rehabilitative therapy and other expenses that may have developed as a result of your injury or the wrongful death of a loved one and help you put your best foot forward and reclaim your future.

By: Ron Subs

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We hope that you will never need the professional services of an electrocution attorney in Los Angeles or the Orange County area, but when you do, and you are faced with the tragedy of facing an electrocution accident, it is comforting to know that the experience of professional attorneys who have the utmost in knowledge in these types of cases as well as personal injury and wrongful death, are available to assist you through the legal matters and stress factors that can be involved in such a tragic accident.

Even though the law always requires all employers in taking the necessary preventative safety measures to help ensure that workers don’t fall victim to any type of electrocution accident, they do not always heed this warning and follow the rules in taking this very important safety measure that can save lives. In cases where negligent employers do not take the necessary preventative steps, it could very possibly end up in a very serious and willful civil action lawsuit. If another persons negligence is what caused an electrocution type accident which resulted in a wrongful death case involving someone you know, or one of your family members, you could possibly sue for a loss of consortium.

According to statistics in the United States, 411 victims suffered death due to electrocution accidents (US Consumer Product Safety), that per every million people, 0.63 people have died (US Consumer Product Safety). That is a very tragic number, when you consider the fact that most of these electrocution accidents were preventable accidents, and large appliances were responsible for 19% of electrocution accident deaths in the United States as of 2001 (US Consumer Product Safety), and installed home and structure wiring was responsible for 11% of electrocution accident deaths in the US as of 2001 (US Consumer Product Safety).

It is an unfortunate fact that at least twenty percent (20%) of all electrocution accident deaths result from accidents that happen at the workplace.

By: Michael Ehline

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An event may be considered as ‘wrongful death’ when somebody dies because of someone’s misconduct, neglectful acts, malpractice or omission.
The law enables the immediate family members to file a charge against the defendant.

The existing spouse, the parents or sometimes the children can hire personal representatives to pursue a wrongful death lawsuit.
Owing to the lack of such cases in the U.S., every state law is not the same.
How can a death claim in such a case be successful?

You need to produce and prove the following evidences in order to win the case:

1) Proof of death

2) The other party exercised misconduct, malpractice or omission which resulted as the death of a person.

3) The existing family members are suffering from financial crisis due to the death of loved one.

What if you win the case?

The amount that you receive may vary. The death claim is usually based on particular injury or loss. Mostly, the compensations are fair and just. The loss may include:

1) Medical treatment cost and funeral services cost

2) Loss of wages including perks and future earnings

3) Physical and emotional hurt.

4) Common damages

Some of the petitioners consider that they can get a wrongful death claim without any help, and that an attorney is not much important for the case.
In contrast, wrongful death lawyers play a very important role in such cases. So, do not forget to hire an attorney.

They have adequate understanding and required skills in them for bringing out useful outcomes. Furthermore, they have required capability to guide you.

By: Eshwarya Patel

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Bankruptcy Lawyers

The death of a person due to the negligence/misconduct of another is wrongful death. This area of the law is particularly complex and you should seek the advice of a qualified attorney.

There’s no really easy way to define a wrongful death other than it is the death of one person due to the negligence, the misconduct of another or the intention to cause harm. The definition isn’t limited to just death caused by another person, it also covers death caused by a company (while working) or an entity.

In order to bring an action in this area of the law, it can only be brought by the personal representatives of the deceased. Every state has its own unique wrongful death statute, which is why it is best to consult with a qualified attorney to determine if there is cause to proceed in your particular state.

Wrongful death suits can arise in a number of areas ranging from medical malpractice to criminal behavior and from a vehicular accident to death on the job. Damages awarded in cases such as this are most often of a financial nature because of the quality of the loss. E.g. loss of services, support, inheritance and may also include medical and funeral expenses.

To explain this another way, if the person who died had children what can be recovered are lost wages and loss of parental guidance. The person’s wages at the time of death, or last known earnings and possible future earnings make up the damage recovery formula. Keep in mind the damage recovery formula is extremely complex, and many factors will vary the final award. This is why it is critical to talk to an attorney about your case.

Of interest, if the death of a homemaker is due to negligence or misconduct of another, courts will now allow experts to testify as to the economic impact of her loss. In jury awards in some states, the other factor taken into consideration for awarding damages is whether or not the wrongdoing was extremely serious or malicious. These damages are called punitive damages to ensure others don’t act in a similar manner. An attorney will tell you if your state allows punitive damages.

By: Lance Sharp

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Defining Wrongful Death

Wrongful death is the loss of a person’s life due to a party’s negligence or carelessness. To site one general example, a raging bus rear-ended a car killing all its four passengers. In this case, the surviving family of the victims may file their wrongful death lawsuit against the bus driver and demand for suitable damages.

Primarily, this type of civil case does not involve penalties that are given to criminals but rather lets the bereaved parties to recompense for the loss of their loved one. Aside from this, the victim’s family may be eligible for making recoveries for the following:

- pain and suffering,

- emotional distress,

- financial losses,

- lost wages,

- cost of medical treatments,

- burial costs,

- loss of companionship, and

- other losses brought about by the victim’s untimely death

Determining Eligibility in Filing a Wrongful Death Action

Generally, the immediate family or close relatives of the departed may file a wrongful death claim according to the law. However, if the claimant happens to be the victim’s child who is still a minor, he must be guided or represented accordingly by his legal guardian before proceeding with his claim. Other dependents may also file their petitions as provided for under the law.

How to File a Wrongful Death Claim

The first thing that should be accomplished before formally filing a wrongful death lawsuit is to have a consultation with a credible attorney. He will properly answer all questions and impart his assistance in bringing the case in court. Then, he will make sure that all the necessary documents and evidences are already available and fully accomplished. More so, a legal counsel may also ease the claimant’s burden and enhance the merits of the case that a person who is still undergoing grief cannot do.

When to Make the Legal Action

Typically, a wrongful death claim should be filed as soon as possible since this particular legal case is covered by the statutes of limitations. This law provision sets the period in which the plaintiffs may only file their claims.

In most of the states in the U.S., the families of the victims are only given one to three years to proceed to their actions depending on the state where the incident happen. Hence, if they failed to pursue any legal dealings before the period elapse, they will no longer be allowed to file their wrongful death claims.

Our Los Angeles Lawyers are competent in handling wrongful death cases.

By: Rainier Policarpio

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Student Loan Consolidation

The passing of a loved one is never easy to bear, even if old age or a long bout of ill health have planted the idea that it is something inevitable. Tremendous grief and a not insignificant combination of financial expense and lost wages are commonly experienced complications of these difficult events and can greatly interfere with a survivor’s ability to cope with the aftermath. In the case of an accidental death, the shock of the sudden and unexpected loss is often deeply troubling.

Depending upon the specific details it may be appropriate to consider pursuing a legal action against the parties responsible for the accident or act of violence that resulted in your loved one’s death. For the victim’s family, this may offer an opportunity to hold someone accountable when criminal charges are not available or a criminal trial produces an undesirable verdict. It also may be the only form of resolution that can bring any kind of closure in the midst of such unexplainable tragedy.

Shirked Responsibility

If accidental death is painful, then there are no words that can capture the impact that a loved one’s decision to take his or her own life can have. Suicide is likely to raise numerous questions and complicated emotional responses because it is an action that is almost impossible to understand unless you possess a close personal familiarity or clinical knowledge of it. In many instances, the people who share the deepest bonds with a suicidal individual may not have any awareness that such a decision looms as a possibility. 

This is partly because people mask their own emotions so that they can protect those about whom they care. And it is partly because they are unwilling to expose such a deeply painful aspect of their interior identity. Professional counselors, however, may be privy to suicidal thoughts and the failure to intervene may constitute a sufficiently egregious neglect of duty to merit a legal action for wrongful death. 

The following persons or entities may bear some responsibility for your loved one’s suicide in a legal action:

            Therapist             Pharmaceutical company             Psychiatrist who fails to consider the implications of a prescription

There is no value in just seeking to place the blame for your loss. But when the violation of accepted standards and practices prevented the deceased from gaining the help that they needed or drove them to commit suicide, then filing suit may very well be the best way to see justice served.

No Easy Answers

There is no simple statement or detail that will undo the damage done. But the Pennsylvania wrongful death lawyers of Lowenthal & Abrams, P.C., can help you to understand the legal rights and options that you have in this extraordinarily difficult time.

By: Joseph Devine

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Criminal Lawyers

There are some instances in which filing a wrongful death lawsuit is not only possible but it is also the right thing to do.

Of all of the potential types of lawsuits, a wrongful death suit is one of the most emotional for all parties involved. This factor alone should make it clear that this type of lawsuit should only be entered into when the person or persons bringing the suit have just cause. This should not deter a person from filing a wrongful death claim, only to realize the emotional implications involved make it necessary to take it seriously.

A wrongful death claim is a civil suit, not a criminal suit. The definition of wrongful death is when a death occurs as a result of someone else’s negligence, recklessness, or irresponsibility. It is deemed just cause for a wrongful death suit when either the actions or the lack of necessary actions resulted in a death, even if the death was not intentional.

Logically, a deceased person cannot benefit from a wrongful death suit, even if it is won. His or her family members may receive monetary compensation, however, for a couple of reasons. First, the benefits of a wrongful death suit are for economic or financial purposes. One of the main examples is in instances where the deceased’s family members have been counting on him for financial support. Without his income, his family members may not have anything to live on. The money awarded to them in a wrongful death suit will be a great help. In other cases, especially for people who have little or no money of their own, the money awarded to them can offset the costs of the deceased’s funeral, hospital costs, and other similar expenses.

The emotional pain of losing a close family member is also figured in for a wrongful death suit. While there is no way to accurately or adequately put a price tag on the sense of loss and grieving, the pain that the family is going through is taken into consideration.

While many people hesitate in filing wrongful death claims, as you can see there are some very good reasons for doing so. It is not intended to make up for the presence of a loved one, nor to capitalize on his loss; instead, it is for the purpose of making life a little easier for his loved ones, even in his absence.

By: Billings Farnsworth

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Most people know that when a person is murdered, they are tried in a criminal court. But why then is there a type of civil lawsuit that can be brought against an individual or a company when a person dies?

Wrongful death is a claim in common law jurisdictions for a death of an individual. Rather than a case brought forth by the government, such as for murder, these types of cases are usually enacted by close relatives or friends.

The Difference between Wrongful Death and Murder

When a person is accused of being involved in the death of an individual, they are tried by the government under:

• 1st degree murder
• 2nd degree murder
• Manslaughter
• Criminally negligent homicide

But a civil case involving death is usually brought about when a person can not be tried criminally. But some families choose to bring about civil suits because it is easier to prove than criminal cases are. This is because of the standard of proof is different. But a person can be tried both civilly and criminally. An individual can be tried for murder in court and subsequently subpoenaed by a family member. The most famous instance of this happening was with the very high profile case of OJ Simpson who was tried in court for murder and found to be innocent but was later convicted in civil court in a suit brought on by the families of the two victims.

Who can be sued in a Wrongful Death Case?

Suing under wrongful death allows the families of individuals to take on corporations and companies rather than just one person. The most high profile cases involving the suing of corporations for wrongful death were the many cases filed against tobacco companies in the late nineties. This was one of the first instances in which individuals were able to take on a mega corporation and win. A number of these lawsuits were also class action lawsuits. A class action lawsuit is where a large group of people collectively bring a claim to court. In the case of the tobacco lawsuits, many people who had lost loved ones to lung cancer came together to present a more powerful case against the different tobacco corporations.

For more information on wrongful death cases and how they can apply to different situations, contact Charlotte area attorneys.

By: Joseph Devine

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Wrongful death claim is different from other types of personal injury compensation claims. Here the victim is not the claimant; the lawsuit is filed by the dependants who has become financially impaired after the death caused by someone else’s negligence. State laws entitle the beneficiaries for compensation.

Negligence or any form of liability can be the cause of wrongful death. In case of other personal injury claims, the injured persons submit their complaints. But in an event of wrongful death, individuals related with the decedent claim compensation for monetary damages.

There is no room for any kind of compensation against wrongful death under the Common Law. According to Common Law, right to compensation expires with the victim and the dependants have no right to claim damages for their economical hardship.

Later on, all the States incorporated distinct laws for wrongful death. This initiative definitely helped the family members of decedents killed due to negligence or wrongful act of others.

Since, it was a state-level initiative to enforce wrongful death laws; the laws are not same in all the states. Florida wrongful death laws are different from that of New York and others. However, they trace their origin to a common structure.

The elements of Wrongful Death Compensation Claim:

Elements of wrongful death are nothing but the facts need to be established before court.

1. Careless conduct of another entity is the cause of death

2. The defendant was strictly accountable or negligent for the death

3. The decedent has left behind spouse, children, dependents and beneficiaries

4. All the dependents are suffering from monetary damage because of this death

The clauses are somewhere similar like those of Tort laws or state-wise personal injury laws. Wrongful death attorneys help the claimants establish their right in court and make sure that they receive compensation for monetary damages.

Though it is easier said than done, but one needs to keep his mind cool and behave in a planned way once an incident of wrongful death happens in family. A genuine case may be forfeited if actions are not taken properly. Here are some points that help claimant pursue wrongful death claim properly:

Know the Statues of Limitations:

There is a time span after which even a genuine claimant cannot file case against the offender. Statues of Limitation vary in different states. In Florida it is 2 years after the cause of wrongful death was confirmed or suspected. An action should be taken within 2 years after suspecting wrongful death.

Delayed Discovery Doctrine:

What if the plaintiff comes to know the actual cause of death when the statute of limitation is already over? Delayed Discovery Doctrine lets plaintiff file the compensation claim by starting the SOL clock from the date on which claimant learned the cause of wrongful death or suspected the cause.

This rule varies from state to state. Some people say that in Florida, Delayed Discovery Doctrine is only applicable for product liability, not for wrongful death. Hence, it is better to consult Florida attorneys to know your options.

Some random information about filing wrongful death lawsuit:
Only the beneficiaries or the dependents of the decedent can file wrongful death claim for monetary damages.
In case there are multiple heirs, the lawsuit must be filed jointly.
The lawsuit helps dependents get compensated for economic damages, not for emotional stresses.
Florida residents should visit Florida wrongful death attorneys to get their case filed in the court of law in Florida.

By: Markus Skupeika

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