San Diego Personal Injury Lawyers Blog

San Diego Dog Attack Injuries & How To Prevent Them ~

Mon, 06 Feb 2012 03:17:07 -0800

The statistics on dog attacks are startling. There are an estimated 75 million dogs living in the United States today. According to the Centers for Disease Control and Prevention (CDC), almost 900,000 people seek medical attention for dog bite injuries each year and thousands of dog attacks are unreported.

In 2009, 32 people were killed in dog attacks nationwide. Nearly half of all American children are bitten by the time they turn 18. In fact, attacks on children account for nearly fifty percent of all reported bite-related injuries and seventy-nine percent of all bite-related fatalities.

Dog attacks are responsible for some of the most gruesome personal injuries, particularly when children are involved. Dog bite injuries frequently result in infection, permanent scarring, disfigurement, and lasting nerve damage, in addition to the substantial psychological harm caused by an encounter with a vicious dog. Dog bite injuries can have a devastating impact on the victim's quality of life for years to come, often resulting in the following:

Wound infection

Sepsis

Cosmetic deformity requiring reconstructive surgery

Loss of limbs

Loss of motor function

Nerve damage

Death

Dangerous Breeds Of Dogs

The most dangerous breeds of dogs include labradors, pit bulls, shar peis, german shepherds, rottweilers and dobermans. In fact, pit bulls and labradors are responsible for nearly half of the dog attacks in the United States each year. Even the most docile breeds can attack without warning, however. Dogs that are unaltered are far more likely to bite than animals that have been spayed or neutered.

Compensation For Victims

When dog attacks occur, the victims are entitled to compensation for their pain and suffering, medical expenses, and time missed from work while recovering from their injuries. The majority of dog bite injury claims are paid by the dog owner's insurance company, because most attacks occur on the owner's property. In fact, dog bite claims account for 33% of homeowners' insurance policies.

It is not a good idea to attempt to negotiate a fair settlement with an insurance company without the assistance of an experienced dog bite injury attorney. An attorney can fight to ensure that you receive the highest possible compensation for your or your child's injuries. If you need advice regarding your dog bite injury, call Kerckhoff Law, APC at (866) 606-3059 today.

Imperial County Dog Bite Attacks ~

Sun, 05 Feb 2012 07:07:17 -0800

California is one of the states which has a strict liability dog bite statute. The statute states that the owner of a dog is liable for damages inflicted by his/her dog if it bites a person who is either in a public place or lawfully in a private place, including on or near the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness (California Civil Code Section 3342).

The dog owner is liable whether or not the dog had ever been vicious before and whether or not the owner had reason to believe the dog would behave in a vicious manner ~ the dog does not get "one free bite."

In El Centro dog bite attacks, it is essential that prompt measures be taken to preserve evidence, investigate the attack in question, and enable physicians or other expert witnesses to thoroughly evaluate all of the injuries.

In the majority of dog bite cases, the law only allows for the injured party to collect damages designed to make him/her "whole"; however, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, there is the possibility that the victim can also recover what are known as "punitive" damages. These damages are designed not for the purpose of making the injured party "whole," but rather, to punish the wrongful conduct of a dog owner who knowingly keeps a vicious animal which could cause harm to innocent persons. In the event that punitive damages are warranted, the amount of money that the injured party can recover would be substantially more than in the typical dog bite case.

Click here to review dog bite safety tips that were previously blogged about.

San Diego Child Safety ~

Sat, 04 Feb 2012 02:17:07 -0800

Have you ever left your children under the supervision of another person? With someone at your child's school, at your church, or at another event? If so, you may have felt uneasy about that decision. Sometimes we as parents or guardians feel unsure about a decision that involves leaving our children somewhere else, and this may be because we know that our children are ill-equipped to keep themselves safe wherever they go.

Children deserve care and attention, no matter where they are or what they are doing. Parents or guardians of children who have been involved in an accident due to unsafe conditions should contact a lawyer who is familiar with injury accidents involving children.

Many parents are not aware of how to speak with their children about certain issues. Children understand subjects that they can immediately associate with. Parents should avoid using only words such as "good" and "bad" to explain something. Instead, parents should indicate why something is good or bad by explaining the consequences that certain actions have, how those actions relate to their child, and by being concrete regarding how he or she should handle themselves when faced with an unsafe situation.

Tips To Discuss With Your Children:

Wash your face and hands: You don't want to catch an illness or disease that another child has and you don't want to spread whatever you have to another child.

Don't talk to strangers: If an adult you don't know approaches you asking questions, tell him you first have to ask your mom (or your teacher or whichever adult is nearby), and then leave to go find that person.

Brain Injury Accidents In San Diego ~

Fri, 03 Feb 2012 03:07:57 -0800

Every year there are hundreds of thousands of accidents that result in head injuries. While most head injuries are mild to moderate in severity, some can be serious, causing traumatic and irreversible injuries to the brain. Traumatic Brain Injury (TBI) can cause temporary or permanent damage that may significantly diminish the quality of life of the person injured. People who sustain brain injuries deserve compensation for their medical bills, lost wages, and reduced capacity to perform routine tasks after the incident occurs.

Head injuries occur when the brain is struck with sudden physical force, such as when one's head hits the dashboard or windshield in a car crash. Traumatic brain injury occurs when the brain bounces against the inside of the skull during such an impact. The greater the force, the more likely it is that serious damage will occur. Tearing, bruising, and bleeding of the brain can cause permanent brain damage that affects every aspect of the victim's life.

In most cases, TBI is caused by blunt force trauma to the head by an object. These types of injuries are called "closed head injuries" because the skull has not been fractured. Closed head injuries can also occur when the head undergoes a severe forward or backward shaking motion, such as when whiplash occurs in a car accident. In either case, closed head injuries can present unique challenges at trial due to the fact that there are usually no external symptoms that would indicate the severity of the damages.

Another way in which TBI can be caused is a "penetrating head injury," in which a wound is caused by an object that penetrates the skull, but does not exit, thereby becoming lodged in the person's brain. Examples of this particular type of brain injury include gunshot wounds and stab wounds. Gunshot wounds can cause damage not only to the tract in which the bullet entered the brain, but also to surrounding areas depending on a multitude of factors, including the speed and caliber of the bullet. A stab wound, on the other hand, is caused by objects such as glass, nails, and even metal. The damage inflicted in these types of wounds is more localized to the tract in which the object entered the skull, and typically occurs in the skull's thin bones.

Whether an injury sustained is a closed or penetrating head trauma, it is important that you seek medical attention immediately. Additionally, it is equally important that you or your family talk to an attorney as soon as possible. In cases involving Traumatic Brain Injury, it is essential that measures be taken promptly to preserve evidence, prove the nature and extent of your injuries, and to enable expert medical witnesses to evaluate and support the cause of your injuries.

If you or a loved one has suffered a Traumatic Brain Injury, please call Kerckhoff Law, APC toll-free at (866) 606-3059 or click here to fill out our confidential intake form.

El Centro Dog Bite Attacks ~

Thu, 02 Feb 2012 07:37:07 -0800

Dog bite injuries are unfortunately common with certain breeds of dogs - in particular, pit bulls. These dogs can cause serious injuries and attack people, often because of their aggressive nature and the power of their bite. Typically a pit bull does not bite just once, but continues to attack until its prey succumbs.

California has a strict liability dog bite statute that states that the owner of a dog is liable for damages (injuries) inflicted by his/her dog if it bites a person who is either in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness (California Civil Code Section 3342).

The dog owner is strictly liable, regardless of whether the dog has ever bitten before or shown aggressive tendencies. In California, the dog doesn't get "one bite free."

In dog bite injury cases, it is essential that measures be taken promptly to preserve evidence, investigate the incident in question, and to enable physicians or other expert witnesses to thoroughly evaluate all injuries. The injuries should be immediately photographed, in order to document the evidence.

In the majority of dog bite cases, the law only allows for the injured party to collect damages designed to make him/her "whole. However, under circumstances where a relative witnesses the attack on a loved one, the relative may also have a claim for the emotional distress suffered by observing the dog bite attack.

Also, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, there is a possibility that the party can also recover what are known as "punitive" damages. These damages are designed not for the purpose of making the injured party "whole," but rather, to punish the wrongful conduct of a dog owner who knowingly keeps a vicious animal which could cause harm to innocent persons. In the event that punitive damages are warranted, the amount of money that the injured party can recover would be substantially more than in the typical case.

San Diego Pedestrian Accident Lawyer ~

Wed, 01 Feb 2012 09:17:07 -0800

The County of San Diego has many people walking on its sidewalks and roadways, both for exercise and for transportation. Safety should be the number one issue for drivers encountering pedestrians.

In 2008, according to the NHTSA, 4,378 people nationwide lost their lives in pedestrian versus motor vehicle crashes. This equates to approximately 12 people killed each day, which is not a safe statistic!

Also in 2008, there were approximately 69,000 reported pedestrian injuries (one injury every 8 minutes). However, only a fraction of crashes causing pedestrian injuries are even reported by the police, so the true number of pedestrian injuries is unknown.

Who Is Killed In Pedestrian Crashes?

Some of the more noteworthy numbers or trends are:

70% of pedestrians killed in 2008 were males

Almost three out of every four pedestrian fatalities occur in urban areas (72%)

The top four states involving pedestrian fatalities are California, Texas, Florida, and New York - which make up 42% of the nationwide pedestrian fatalities

Nearly one-half (48%) of all pedestrian fatalities occurred on the weekend (Friday, Saturday, and Sunday - 16%, 18%, and 14% respectively)

70% of pedestrian fatalities occurring on Friday, Saturday, and Sunday took place at night (4 p.m. to 4 a.m.)

38% of the 316 young pedestrian fatalities (under age 16) occurred in crashes between 3 p.m. and 7 p.m.

Causes Of Pedestrian Crashes

Driver inattentiveness is the primary cause of most pedestrian accidents. As indicated above, a high percentage of pedestrian injuries occur at dusk and nighttime, when driver visibility is reduced. A vehicle traveling just a few miles an hour can seriously injury a pedestrian, or cause permanent disability or death. At our law firm, we assist with pedestrian accidents caused by:

Speeding drivers

Negligent drivers

Drunk drivers

Reckless drivers

Drivers distracted by cell phones

As with all modes of travel, there is some risk associated with walking. However, walking remains a healthy and inherently safe activity for millions of people every year.

Appropriate San Diego Auto Insurance ~

Tue, 31 Jan 2012 03:17:17 -0800

Do you have the appropriate amount of automobile insurance available to cover you in the event of an auto accident?

California automobile insurance laws require the owner of a vehicle to have a certain amount of liability insurance on one's vehicle (California Vehicle Code § 16020). Liability insurance provides compensation to another in the event that you cause an accident and are found to be liable to that person for damages.

The minimum amount of coverage required by California law is $15,000.00 (California Vehicle Code § 16056), but you can purchase higher amounts of liability insurance in order to protect your personal assets against the risk of higher damages being awarded against you in the event you cause another person serious injuries.

When Kerckhoff Law, APC represents a person who is injured in an automobile accident, one of the first things we do is determine all possible insurance coverage that is applicable. There are two categories of auto insurance: first party coverage and third party coverage. First party coverage covers you and your property (such as medical expenses, damage to your vehicle, and the insurance company's duty to defend you in the event that you are sued as the result of your operation of a vehicle, etc.). Third party coverage is for your responsibility to pay for injury caused to other people (and vice versa), whether in your vehicle, or in another vehicle involved in the accident. The coverage (and its exclusions) is set forth in your insurance policy. In exchange for the payment of a premium, the insurance company promises to provide compensation in the event of certain occurrences. Though a full recitation of insurance coverage and laws would occupy several large text volumes, the following is brief synopsis of the most typical coverage and issues. Among the various types of insurance coverage which may apply are the following:

California Vehicle Liability Insurance

As previously stated, liability insurance is required by law (California Vehicle Code § 16020). The liability portion of an insurance policy is used specifically for defending and settling any claims, or paying any judgments rendered against the insured in an automobile negligence claim. If you are injured by the negligence of a defendant, we will make a claim under the bodily injury liability coverage of the negligent defendant's insurance policy. Liability coverage is not health insurance, and it is not designed to pay for your medical bills as they are incurred. Instead, it is designed to be a one-time settlement or payment for all of your damages. Liability insurance minimums required by law in California (California Vehicle Code § 16056) are:

Fifteen thousand dollars ($15,000) for bodily injury or death of one person in any one accident.

Thirty thousand dollars ($30,000) for bodily injury or death of two or more persons in one accident, not exceeding the per-person limits above.

Five thousand dollars ($5,000) for injury to or harm to property of others in one accident.

Oceanside Dog Bite Injuries ~

Mon, 30 Jan 2012 07:07:17 -0800

Did you know that California has a strict liability dog bite statute which states that the owner of a dog is liable for damages inflicted by his/her dog if it bites a person who is either in a public place, or lawfully in a private place, including on or near the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness (California Civil Code Section 3342)?

The dog owner is liable regardless of whether or not the dog had ever been vicious before and regardless of whether or not the owner had reason to believe the dog would behave in a vicious manner. The dog does not get "one free bite."

In dog bite cases, it is essential that prompt measures be taken to preserve evidence, investigate the incident in question, and enable physicians and other expert witnesses to thoroughly evaluate all of the victim's injuries.

In the majority of dog bite cases, the law only allows for the injured party to collect damages designed to make him/her "whole"; however, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, there is a possibility that the victim can also recover "punitive" damages. These are damages designed not for the purpose of making the injured party "whole," but rather to punish the wrongful conduct of a dog owner who knowingly keeps a vicious animal that can cause harm to innocent persons. In the event that punitive damages are warranted, the amount of money that the injured party can recover would be substantially more than in the typical dog bite case.

Click here to review dog bite safety tips.

San Diego Wrongful Death Actions ~

Sun, 29 Jan 2012 03:07:07 -0800

When a loved one's life is taken by the reckless or malicious conduct of another, did you know that you can file a wrongful death action and be entitled to financial compensation?

The damages you are entitled to recover in a wrongful death action are: (1) expenses incurred because of your loved one's death; and (2) a dollar amount decided upon by either a judge or a jury in order to punish the defendant.

Compensatory Damages In Wrongful Death Actions

Compensatory damages is money awarded to the victim's family to compensate them for:

Medical care

Funeral & burial expenses

Grief, stress, and loss of companionship

Income the victim would have earned had he/she lived

& Any other expenses brought about by the wrongful death

Punitive Damages In Wrongful Death Actions

A punitive damage award is money awarded by a judge or jury to a victim's family to punish the defendant for its intentionally malicious or reckless conduct. These damages are designed to punish the defendant so that it doesn't conduct itself in a similar fashion in the future.

Damages Limits In Wrongful Death Actions

There are certain limits on damages, which include claims by estates of persons killed on airlines while traveling between countries, and limitations of a person's workers' compensation insurance.

Injured In A San Diego Auto Accident?

Sat, 28 Jan 2012 03:07:07 -0800

Tens of thousands of car accidents occur every day in this country, and many people don't know what to do if they are involved in an accident. Knowing what steps to take to ensure that your injuries are properly diagnosed and treated, and that evidence is preserved at the scene of the accident, can significantly improve your chances of receiving a fair settlement in your case.

The following are helpful tips regarding what you should do if you are involved in a traffic collision:

Check for injuries: The first thing you should do after an accident is check for injuries - to yourself, to passengers in your vehicle, and to occupants of other vehicles involved in the crash. You should call 911 to summon an ambulance, if necessary. Seeking immediate diagnosis and treatment by medical professionals of any injuries sustained in a crash greatly increases your chances of receiving just compensation for your injuries. Keep in mind that some injuries are not always apparent to the casual observer and their symptoms can be significantly delayed. Whether you call an ambulance at the scene of the crash or contact your family physician promptly afterwards, you shouldn't hesitate to get checked out by medical professionals - even if you feel "okay" after the accident.

Call the police: It is important to call the police even if the accident is minor. A police investigation will provide proof of the accident and ensure that evidence is collected and preserved. In addition, the police will typically document witnesses' statements and examine other drivers involved in the accident to check for drug or alcohol use. The police can also be valuable witnesses to your injury at the scene, and they can assist in securing an admission of fault from the negligent driver.

Record the names of everyone involved: You should make sure you write down the names, mailing addresses, and license numbers of each and every person involved in the accident, along with descriptions and license plate numbers of the other vehicles.
Record the names of witnesses: You should be sure to collect the names, addresses, and phone numbers of any witnesses to the accident, and make a note of what they say happened. This can help to resolve any disagreements that arise in regards to how the accident unfolded.

Take pictures at the scene: You should take your own pictures, if possible, of any vehicle damage, injuries, tire marks, etc. at the scene of the accident. Even taking photos with your cell phone camera can help accident reconstruction experts determine who is at fault in your case.

Contact an attorney: You will improve your chances of recovery if you contact an attorney who is experienced in handling personal injury matters. At Kerckhoff Law, APC, we will promptly arrange for an attorney to consult with you free of charge so as to enable us to immediately take action on your behalf, while all of the evidence is still "fresh." If necessary and feasible, we will have an investigator conduct a thorough analysis of the accident scene so that no evidence goes undetected.

San Diego Spinal Cord Lawyer ~

Fri, 27 Jan 2012 03:07:07 -0800

A Spinal Cord Injury (SCI) involves damage to the spinal cord that results in a loss of function such as mobility or feeling. Frequently, the causes of injury are due to trauma (car accidents, gunshot wounds, falls, etc.) or disease (polio, spina bifida, Friedreich's Ataxia, etc.).
The spinal cord doesn't have to be severed in order for a loss of functioning to occur. In fact, for many people with SCI, the spinal cord is intact, but damage to it results in loss of functioning.

Nearly 11,000 people in our country sustain a traumatic spinal cord injury every year, which result in temporary or permanent sensory deficit, motor deficit, or bowel or bladder dysfunction. In this country, more than 250,000 people live with paralysis caused by SCI.

More than fifty percent of people who sustain an SCI are aged 16 to 30. It is more common for males than females to sustain this type of injury - the ratio is more than four to one. The most common cause of SCI is a motor vehicle accident, accounting for at least 36% of these injuries (broken down as follows: no restraints used - 20%; restraints used - 13.7%; motorcycle - 7.4%; accidents involving pedestrians - 5.2%; other - 2.1%).

Violence-related SCIs have been steadily increasing over the past two decades, and unfortunately, today violence is associated with 29% of SCIs. Falls and sports injuries result in 21% and 7% of SCI cases, respectively.

Damages To Be Recovered In SCI Cases

The amount of damages that may be recovered against a party responsible for causing SCI injury is substantial. The average out-of-pocket cost of coping with a spinal cord injury in the first year can be as high as $741,000 for the most severe injuries. For each year after that, the average cost is approximately $132,000. These amounts don't include indirect damages (which averaged $60,000 in 2006) such as:

Pain and suffering

Lost wages

Loss of consortium

Loss of enjoyment of life

These damages continue throughout the life of a victim.

If you or a loved one has sustained an SCI due to the negligence of another party, you might want to consult with an experienced San Diego spinal cord injury lawyer to find out what your legal rights are.

Have You Been Injured In A San Diego Dog Bite Attack?

Thu, 26 Jan 2012 08:07:07 -0800

Did you know that California has a strict liability dog bite statute which states that the owner of a dog is liable for damages inflicted by his/her dog if it bites a person who is either in a public place or lawfully in a private place, including on or near the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness (California Civil Code Section 3342)?

The owner of the dog is liable regardless of whether or not the dog has been vicious before and regardless of whether or not its owner had reason to believe the dog would behave in a vicious manner. The dog is not allowed to have "one bite free."

If you or a loved one has been injured by a dog, it is essential to take prompt measures to preserve evidence, investigate the incident in question, and enable physicians or other expert witnesses to thoroughly evaluate all of the victim's injuries.

In the majority of dog bite cases, the law only allows for the injured party to collect damages designed to make him/her "whole"; however, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, there is the possibility that the party can also recover what are known as "punitive" damages. These damages are designed not for the purpose of making the injured party "whole," but rather, to punish the wrongful conduct of a dog owner who knowingly keeps a vicious animal which could cause harm to innocent persons. In the event that punitive damages are warranted, the amount of money that the injured party can recover would be substantially more than in the typical dog bite case.

Click here for more information about dog bite safety.

El Centro Pedestrian Seriously Injured By Pick-Up Truck ~

Wed, 25 Jan 2012 02:57:17 -0800

KSWT News recently reported that an 81-year old El Centro pedestrian was transported from El Centro Regional Center to a San Diego hospital for his serious injuries.

The El Centro Police Department stated that Agustin Rocha suffered head trauma and a lacerated liver after being hit by a pick-up truck while he was crossing an intersection in his motorized wheelchair.

Mr. Rocha was crossing eastbound on Imperial Avenue when a pick-up truck driven by Jose Bayardo, who made a right turn from Bradshaw Drive onto southbound Imperial
Avenue, struck the victim.

The police are conducting an investigation to determine who is at fault.

Potential Causes Of Pedestrian Intersection Accidents

Driver inattentiveness is usually the cause of most pedestrian accidents. A high percentage of pedestrian injuries occur at dusk and night-time, when driver visibility is reduced. A vehicle traveling just a few miles an hour can seriously injure a pedestrian, or cause permanent disability or death. At Kerckhoff Law, APC, we handle pedestrian accidents caused by:

Negligent drivers

Speeding drivers

Drunk drivers

Reckless drivers

Drivers distracted by cell phones

Fatal Brawley Crash Kills Two & Injures Others ~

Tue, 24 Jan 2012 02:27:27 -0800

According to KSWT News and News 13, the California Highway Patrol reported that two people died and four others were injured in an auto vs. auto crash on January 21, 2012 in Brawley, California. The CHP said that at approximately 1:00 p.m., a male driver in a gray Acura traveling westbound on Fredericks Road failed to yield the right-of-way to a Honda Accord containing five occupants traveling southbound on SR-86.

Anthony Aubry was booked into Imperial County Jail and is facing felony charges of gross vehicular manslaughter while intoxicated and drunk driving.

During the crash, the Honda overturned and rolled. An 18-year old male passenger from Riverside lost his life at the scene due to his injuries. The other passenger, the decedent's 9-year-old niece, was air lifted to Pioneers Memorial Hospital where she later unfortunately passed away.

The driver of the Honda and two remaining passengers were transported to nearby medical facilities for their injuries, which included a fractured neck, skull, and back.

Drunk Driving Liability Issues

Driving while drunk is a deadly problem in California. California DUI arrests trigger two separate cases: in court, and at the Department of Motor Vehicles (DMV). The criminal case filed against California DUI defendants consists of two different statutes: California Vehicle Code Section 23152 (a), and Vehicle Code Section 23152 (b). The first count focuses on whether the driver was under the influence of alcohol or drugs to the extent that they are "unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances." This is the legal standard for being considered under the influence of alcohol or "DUI" in California courts.

The second count, known as the "per se" charge, concentrates on whether the driver's blood alcohol content (BAC) was .08 percent or greater.

Legal Rights For Wrongful Death Victims

There are many issues to be faced & dealt with, and even more to be answered following the aftermath of this devastating event. The victims and/or their families are in a very difficult situation and need guidance. Guidance is available in the form of an attorney who is very familiar with the issues at hand, and has many years of experience handling cases for families involved with similar tragic scenarios.

El Centro Wrongful Death Actions ~

Mon, 23 Jan 2012 03:07:27 -0800

Being involved in a wrongful death situation can be extremely difficult for one to endure. Coming to terms with the loss of a friend or family member can be emotionally devastating regardless of the circumstances, but when the event was caused by the negligence or wrongdoing of another person or company, it can make the situation that much worse. If you are currently embroiled in a wrongful death situation or simply would like to learn more about the legal aspects of such a case, it is prudent to do as much research as you can, as well as to contact a qualified and experienced El Centro wrongful death lawyer.

What Is Wrongful Death?

To better understand when wrongful death is an appropriate description for a fatality, let's take a look at some of the factors and circumstances when it can occur.

For a situation to be deemed "wrongful death," there must be a responsible third party. This responsibility can be due to negligence or direct action intended to harm the victim. Not only can an individual be held liable, but a company can as well. For instance, there are numerous precedent cases in which the victims' families sued tobacco companies for not properly warning users about the dangerousness of their products.

When a wrongful death is caused by the negligence of an employee of a company, the company can be held legally responsible for the wrongful actions of its employee.

When a wrongful death is caused by an individual - whether a friend, co-worker, acquaintance, or stranger whose actions caused harm to the victim - that individual is liable for the results of his/her actions.

What Types Of Damages Are Available?

There are two types of damages one is entitled to in a wrongful death action: (1) the expenses incurred because of a loved one's death; and (2) an amount of money decided upon by either the judge or jury in order to punish the defendant. Typically, the heirs of the decedent (someone who has passed) are limited to compensatory damages, discussed below. However, in certain circumstances where the conduct of the defendant is particularly egregious, the heirs may be entitled to punitive damages (see below).

Compensatory damages are money awarded to the victim's family to compensate them for medical care, funeral & burial expenses, grief, stress, loss of companionship, income the victim would have earned had he/she lived, and any other expenses brought about by the wrongful death.

Punitive Damages are money awarded by a judge or jury to a victim's family to punish the defendant for its intentionally malicious or reckless conduct. These damages are designed to punish the defendant so that it does not conduct itself in a similar fashion in the future.

Damages Limits

There are certain limitations on damages, which include claims by estates of persons killed on airlines while traveling between nations, and limitations of a person's workers' compensation insurance.