Articles Tagged with wrongful death attorney Sacramento

Helping a Grieving Friend Through a Devastating Loss

Helping a Grieving Friend Through a Devastating Loss

I’m Ed Smith, a wrongful death lawyer in Sacramento. When a friend is experiencing a devastating loss, most people genuinely want to be there for him or her. However, during times like these, they may not know what to say. Some people may be so afraid of saying the wrong thing that they choose to say nothing at all. Although that is a choice, it’s usually not a good one. While there isn’t a perfect way to respond, here are some tips on what you can do to be supportive.

Moving Forward After Losing a Loved One

Moving Forward After Losing a Loved One

I’m Ed Smith, a Sacramento wrongful death lawyer.  Grieving the loss of someone you love and care about is one of the hardest things to go through. Moving on after the loss is not easy either. It’s fair to say that coping with loss is a painful experience and that it may take a lifetime to heal. However, with time and effort, it is possible to move forward with your life.

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Some injury claims occur when a motorist or passenger is injured due to a lack of roadside maintenance. In situations where failure to properly maintain the trees or vegetative growth on or near a highway results in injury or death, a claim can be pursued against the state or a local responsible governmental agency (either city or county.)

State and local government officials have provided roads and highways and find themselves responsible for not only the actual maintenance of the road but also must provide roadside maintenance to trees, shrubbery or vegetation growing along the roadway.  However, just because a car strikes a tree, it does not automatically mean the State or local governmental agency is responsible.  What factors are involved in roadside maintenance claims?

In common law jurisdictions — and this includes all states of the United States except Louisiana — a wrongful death claim is a type of claim that can be brought against against a person or persons who are liable for the death of an individual. This claim is a type of civil action, although there may also be a related criminal action if the death resulted from a crime. The claim is ordinarily brought by the close relatives of the person who died, who is known as the “decedent.” The specific persons who can bring a wrongful death claim varies from state to state. In most states, wrongful death claims and the list of relatives who are entitled to bring them are specified in statutes. In California, this includes sections 377.60 to 377.62 of the Code of Civil Procedure, which specify that claims may be brought generally by the spouse, domestic partner, and children of the deceased person, as well as certain other relatives and dependents.

Standard of Proof

Every year there are over 10,000 yearly deaths in California, mostly from motor vehicle accidents. There are more unintentional deaths from accidents in California than in any other state.  Nonetheless, the good news is that the number of unintentional deaths is decreasing by about 1.5 % per year since 2006.

Out of the approximately 10,000 deaths per year in California, some 329 in 2012 were fatalities suffered at work.  129 of these 329 Fatalities were caused by motor vehicle crashes involving other vehicles.

Waiving a Survival Action in California
In California, if someone is suddenly killed by the wrongful act of another, there are typically two actions that the heirs or the estate can bring. One action is called a Wrongful Death Action. The other is called a Survival Action.

What is a Wrongful Death Action?

Statistics indicate that nearly one-third of motorcycle crashes occur at intersections. Of the collisions that occur at intersections, most involved a vehicle making a left hand turn at the intersection into the motorcyclist. While you, the motorcyclist, have the right to go through the intersection on a green light, sadly this does not mean that the drivers of the vehicles around you will see you.

Head_CT_scan.jpgIn some cases, patients sustaining trauma to the head and neck area will have both closed head injuries and maxillofacial trauma. Of the two, closed head injuries are more severe and need to be managed before the maxillofacial trauma is treated. Patients with closed head injuries can have intracerebral hematomas, subdural hematomas or epidural hematomas. Each of these blood clots can increase in size and can cause excess pressure on the brain. This can lead to semiconscious states or coma and, in severe cases, they can cause herniation of brain tissue through the foramen magnum at the base of the brain. Such a condition is almost uniformly fatal because the patient is unable to breathe on their own and have instability of pulse and blood pressure.

The recommendation of most physicians who suspect an intracranial injury when a maxillofacial injury is noted give the patient a CT scan of the head and face. This CT scan will determine the presence of bleeding, swelling and blood clots in the brain and will demonstrate any skull fractures or facial fractures. When the brain is stabilized through surgery or other modality, then the maxillofacial fractures, contusions and lacerations can be managed secondarily.

Approximately every 115 minutes, someone or something is struck by a train; almost 50 % of all collisions happen at railroad crossings when the automatic warning lights and automatic warning gates are working correctly. The big problem is that people think that even if their car gets stuck on the tracks, the train will be able to stop. In reality, a 150-car train going at fifty miles per hour will need at least a mile to stop.

The fact of the matter is that a car weighs only about 3000 pounds and it must come up against a several hundred ton train. The car almost always loses. These types of accidents cause about 600 deaths per year and injure about 2300 people per year in the US. About 75 percent of automobile/train crashes involve the train hitting the car in the daytime. At night, half of the collisions happen when the car does not see the train at a poorly lit intersection and strikes the train.