San Diego Personal Injury Lawyers Blog

San Diego Wrongful Death Damages ~

Sat, 19 May 2012 02:27:36 -0800

The damages sought in wrongful death cases provide surviving family members compensation for emotional and financial losses suffered as a result of their loved one's death. Some losses are straightforward and relatively easy to calculate - such as the financial support your loved one would have provided had he or she survived the accident. Other damages, however, are more difficult to quantify in dollars, such as the loss of companionship that results from the decedent's death. The many types of recoverable damages in wrongful death cases include:

•Direct Expenses: Medical bills and funeral expenses incurred as a result of the decedent's death.

•Loss of Benefits: Retirement or pension benefits the decedent would have received had he or she survived the accident.

•Loss of Future Earnings: Future wages that the decedent would have earned that would have contributed to the support of surviving family members.

•Loss of Companionship: Emotional support and companionship loved ones have lost as a result of the accident, as well as for the mental pain and suffering resulting from the decedent's death.

•Emotional Distress: Emotional trauma suffered as a result of the defendant's wrongful conduct in limited cases, such as when a family member actually witnesses the decedent's death.

•Punitive Damages: Damages awarded to punish the defendant for his or her wrongful conduct.

Typically, the award you are entitled to recover in wrongful death cases cannot include damages for the decedent's physical pain, emotional suffering, or disfigurement experienced before death. For more information on the types of damages that may be recoverable in your wrongful death case, contact Kerckhoff Law, APC at (866) 606-3059 today for a free initial consultation.

Wrongful Death Common Carrier Liability ~

Fri, 18 May 2012 02:27:47 -0800

Common carriers are defined as companies that offer transportation services to the public. Common carriers are held to a high standard of care (more than the "reasonable" standard in negligence cases) to prevent foreseeable risks of harm to passengers. Federal and state laws regulate a common carrier's liability to the survivors of passengers who are killed while using the carrier's services. Generally, the following businesses are considered common carriers:

•Commercial bus lines

•Cruise ships

•Domestic airlines

•Ferries

•Motor carriers & freight carriers

•Trains

Whereas in negligence cases, defendants are held to a "reasonable" standard of care, common carriers are held to the utmost standard of care in ensuring the safety of passengers while embarking, disembarking, and on-board the carrier's vehicle or vessel.

If your loved one has been killed while a passenger on a common carrier, contact Jason Kerckhoff today at (866) 606-3059 to discuss the details of your case.

San Diego Wrongful Death Cases ~

Thu, 17 May 2012 07:05:23 -0800

Wrongful death cases may be litigated under several different theories of law, depending on the circumstances surrounding the decedent's death. However, most wrongful death cases involve accidents caused by negligence. Negligence occurs when a person or business entity fails to exercise due caution to prevent a foreseeable risk of harm to another person. Some wrongful death cases involve common carriers, such as airlines, cruise or bus lines, or rail companies, who are held to an even higher standard of care than defendants in traditional negligence cases in preventing injury or death to passengers. In addition, if the death was the result of a defective product or poorly-maintained premises, the case may be argued under an alternative legal theory. Below are brief summaries of the most common legal theories governing wrongful death cases:

Negligence

Negligence is defined as the failure to use reasonable care to avoid a foreseeable harm to another person. If an individual or business entity's negligence causes the death of someone to whom that person owes a duty of care, he or she may be liable for damages resulting from the person's death. In order to prove to the judge or jury that the defendant(s) were negligent in your wrongful death claim, you must demonstrate all of the following:

1.That the defendant owed the deceased a duty of care.

2.That the defendant breached that duty of care by failing to prevent a foreseeable risk of death.

3.That the defendant's breach of duty caused the decedent's death.

4.That there are monetary damages resulting from the death.

Depending on your state of residence, you may be barred from recovering damages - or your amount of recovery may be reduced - if you or the deceased were partially responsible for causing the accident. To learn more about the law of negligence in your state, contact Kerckhoff Law, APC at (866) 606-3059 to discuss your case.

Defective Products

Wrongful death cases arising from accidents caused by defective or malfunctioning products are governed by the law of "products liability." Products liability is the area of law that deals with the responsibility of the manufacturer, wholesaler, or retailer of a product for any injury or death that may result from the use of that product. Strict liability is a legal term used in products liability cases which means "liability without fault." A person or entity who is held strictly liable will be responsible for any damages caused to another, even in the absence of negligence or other fault. To prevail in a products liability cases, you must demonstrate that the product was "unreasonably dangerous for its intended use" as a result of manufacturing defect, design flaw, or labeling defect that failed to warn consumers of a potential hazard. If you have lost a loved one due to a defective or malfunctioning product, call Kerckhoff Law, APC at (866) 606-3059 today for a free initial consultation. Our office can ensure that the defective product is preserved and properly examined by an expert to be presented as evidence at trial.

Premises Liability

Some wrongful death cases may be tried under the legal theory of "premises liability." Under this theory, a property owner has the legal responsibility to maintain his or her premises in a condition that reduces risk of injury or death to potential users of the property. Property owners owe different degrees of responsibility to different people who enter their property or use their facilities, depending on whether they are invited guests, business associates or trespassers. If your loved one was killed in any type of accident on someone else's property, you should seek the advice of an experienced wrongful death lawyer immediately. The wrongful death experts at Kerckhoff Law, APC will fight to achieve full compensation for your emotional suffering and financial losses. Call (866) 606-3059 today for a free consultation with an experienced wrongful death attorney regarding your case.

San Diego Wrongful Death Law ~

Fri, 11 May 2012 07:07:07 -0800

A wrongful death case is a civil suit filed when a person's death results from the negligent, reckless, or intentional conduct of another person or business entity. Wrongful death claims compensate surviving family members for the emotional suffering, loss of companionship, and financial losses experienced as a result of their loved one's death. The lawsuit is brought by the the victim's ("decedent's") estate or by surviving family members, because the decedent can no longer file a lawsuit on his or her own behalf. It is important to note that a wrongful death suit is a civil suit, which means it can be brought even if the wrongdoer has not been charged with a crime in relation to the decedent's death. In most states, the following four elements must be established to prevail on a wrongful death claim:

1.The death was caused, either wholly or partially, by the defendant's wrongful act or acts.

2.The defendant acted negligently in causing the victim's death or can be held strictly liable.

3.The victim has a surviving spouse, children, or other dependents who have legal standing to file a lawsuit.

4.Survivors can prove measurable damages that have resulted from the victim's death.

The burden of proof in wrongful death cases is by a preponderance of the evidence, which is typical in civil cases. This means that the party with the burden of proof must convince the judge or jury that there is greater than a 50% likelihood that the decedent's death was a result of the defendant's wrongful conduct. If the judge or jury finds that 50.1% or more of the evidence weighs in the plaintiff's favor, he or she will prevail in the case.

Several defenses exist in wrongful death cases that may limit or even prevent you from recovering damages in your case. One is the statute of limitations, which is a state-enacted law which bars recovery to plaintiffs who do not file a lawsuit within an established time limit. Statutes of limitations vary depending on your state of residence. Other available defenses are limited to those that could have been made against the decedent if he or she had lived and filed his or her own claim for personal injuries. The most common of these defenses is comparative negligence. Comparative negligence is conduct by the decedent that contributed to his or her own death. If a decedent is found to be comparatively negligent, the amount of any damages awarded may be reduced by the percentage of fault assigned to the decedent. The defense of comparative negligence, however, is a fact for the jury to consider that cannot be determined until after the case is in trial.

If you've lost a loved one in any type of accident, you would be well-served by seeking the advice of an experienced wrongful death attorney. We will fight for you to achieve maximum compensation for your emotional suffering and financial losses, so that you can concentrate on the difficult grieving process. Call Jason Kerckhoff at (866) 606-3059 today for a free consultation.

San Diego Wrongful Death Overview ~

Sun, 29 Apr 2012 07:25:27 -0800

The death of a close family member changes your entire life in an instant. Dealing with the death of a loved one is never easy, but it is especially difficult when the death results from an accident caused by someone else's negligence. Surviving family members are not only dealing with grief and emotional turmoil, but also may be facing serious economic difficulties if they relied on the deceased family member for financial support.

If you have lost a loved one in an accident that was caused by the negligent or reckless conduct of another, you may be entitled to file suit for wrongful death. Although, nothing can make up for the loss of a loved one, wrongful death suits help family members seek justice for their loss and receive monetary compensation for the income the deceased would have earned if not for the wrongful conduct.

Wrongful death claims stem from a variety of different types of accidents, including medical malpractice, workplace accidents, and property owners' failure to maintain premises in a safe condition. Some of the many types of accidents that result in wrongful death include:

Motorcycle accidents

Motor vehicle accidents

Airplane, train, or bus accidents

Animal attacks

Slip and fall accidents

Defective products

Drowning accidents

Medical malpractice

Nursing home abuse and neglect

Truck accidents

Workplace accidents

The majority of wrongful death cases arise out of accidents caused by the negligence or wrongdoing of another person or employer. If your loved one has been killed as a result of someone else's negligence, contact Kerckhoff Law, APC at (866) 606-3059 today for a free initial consultation regarding your case.

April National Distracted Driving Awareness Month ~

Tue, 10 Apr 2012 17:07:32 -0800

The following is a guest blog from Console & Hollawell ~ New Jersey personal injury attorneys:

"One Text or Call Could Wreck it All," that is how the National Highway Traffic Safety Administration (NHTSA) warns against cell phone usage while driving on their website advocating for the end of distracted driving. April is National Distracted Driving Awareness Month, and as any Woodbridge car accident attorneys would tell you distracted driving has become an epidemic in this country.

Woodbridge, New Jersey had the most fatal car accidents in Middlesex County in 2011 with 16 fatalities. Although New Jersey has laws set in place to offset the high number of accidents caused by distracted drivers there are still far too many crashes where someone was using a cell phone or performing another inappropriate task while driving.

The NHTSA reported that in 2009 16 percent of all fatal accidents in the country involved distracted driving, while that may not seem like a lot having nearly 5,500 people killed in such a negligent way is unacceptable. Distracted driving is more than just talking on a cell phone, it includes any action that takes the driver's attention away from the road including:

• Texting
• Talking on the phone
• Eating or drinking
• Putting on make up
• Fixing your hair
• Reading (including looking at maps)
• Using a GPS or navigation system
• Adjusting a radio or mp3 player
• Watching a video
• Talking with other passengers

Still don't think that distracted driving is a problem? Think about this: the average text message will take your eyes off of the road for about 4.6 seconds. If you are travelling at 55 mph that means by the time you look up at the road again you will have traveled the length of a football field completely blind.

A study released by the University of Utah also explained that talking on the phone, whether it is hands-free or not, impairs a driver's reaction times just as much as having a .08 blood alcohol concentration. That means that driving distracted is just as dangerous as driving drunk.

We all need to be proactive in putting a stop to distracted driving. The best way to do so is to make sure that people are aware of the problem, so in April do your part to end this epidemic and save lives.

If you or someone you love has been injured by a distracted driver you may be entitled to compensation for your injuries. Experienced car accident lawyers in New Jersey will work with you and ensure that you understand your legal rights and options. Visit distraction.gov for more information about what you can do to end distracted driving.

San Diego Wrongful Death Actions ~

Sun, 01 Apr 2012 07:07:57 -0800

Wrongful death 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. Whether you are currently embroiled in a wrongful death situation or simply wish 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 San Diego wrongful death lawyer.

When Is It Wrongful Death?

In order 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 where it occurs.

For a situation to be deemed "wrongful death," there must be a third party who is responsible. 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.

Free Consultation With A Brawley Personal Injury Attorney ~

Tue, 06 Mar 2012 07:27:03 -0800

We offer a free consultation to anyone who has been seriously injured or suffered the death of a loved one due to the negligence of someone else.

If you are in need of legal guidance, a Brawley serious injury attorney with 25+ years of legal experience will provide answers to your questions.

Jason Kerckhoff offers free consultations over the phone or in person ~ with no obligation. Our free case review will give you the information you need in order to determine whether or not to pursue your personal injury claim.

Free San Diego Personal Injury Consultation ~

Wed, 29 Feb 2012 07:25:37 -0800

Jason Kerckhoff offers free consultations to anyone seriously injured or who has suffered the death of a loved one due to another's negligence.

If you need legal guidance, an San Diego personal injury attorney with over 25 years of experience can provide answers to your questions.

Jason Kerckhoff offers a free consultation over the phone or in person ~ with no obligation. Our free case review will give you the information you need in order to determine whether or not to pursue your personal injury claim.

California Truck Accidents Cause Personal Injuries ~

Fri, 24 Feb 2012 03:07:07 -0800

Approximately 3.5 million truck drivers are on our nation's roadways and represent an integral part of our economy. However, because of the size and prevalence of commercial trucks, truck accidents pose a significant risk to other motorists and pedestrians. Recent data reflects that approximately every 16 minutes, a person is killed or injured in a truck accident. Nearly 98 percent of the fatalities involve the death of a driver or passenger who is not an occupant of the truck.

Causes Of Truck Accidents

Performance errors occur when a driver overreacts or panics and further increases the
risk of a crash/accident

Non-performance causes a risk when a driver falls asleep at the wheel, sustains a heart
attack, or is otherwise unable to drive due to a physical impairment

Distracted or inattentive driving

Poor decision-making by a driver who:

Follows another vehicle too closely
Is going too fast for the road conditions; or
Misjudges another vehicle's speed or direction

In approximately four percent of fatality crashes, truck driver fatigue was listed as the primary reason for the crash. Additionally, approximately six percent were caused by the driver's consumption of alcohol.

Truck Crash Injury Legal Rights

Large truck accidents are an unfortunate reality occurring on our roadways. After a crash involving serious injury or the wrongful death of a loved one, it is extremely important to work with a law firm that specializes in personal injury.

Unfortunately, people can be negligent, reckless, or violent, and their irresponsible or wrongful behavior causes injuries to innocent victims. When these tragic, expensive injuries happen to you or a loved one, the person or company who caused the injuries should be held responsible.

The types of skills required to successfully handle a serious truck crash injury or wrongful death case are very specific. Our San Diego personal injury law firm is dedicated to assisting injury victims in obtaining the maximum financial compensation they are entitled to, so that they can move on with their lives.

Free Personal Injury Attorney Consultations In El Centro ~

Mon, 20 Feb 2012 07:07:27 -0800

A. Jason Kerckhoff offers a free consultation to anyone who has been seriously injured or has suffered the death of a loved one due to another's negligence.

If you are in this unfortunate situation and need legal guidance, an El Centro personal injury attorney with many years of experience can provide you with answers to your questions.

Jason Kerckhoff offers free consultations over the phone or in person, with absolutely no obligation. Our free case review will give you the information you need in order to determine whether or not to pursue a claim.

Calexico Pick-Up Truck Kills One In Holtville ~

Fri, 17 Feb 2012 07:27:27 -0800

KSWT News reported that a Calexico man was killed after being struck by a pick-up truck on February 16, 2012. The Imperial County Coroner's Office identified the victim as 31-year-old Braulio Camayo Galvan. According to the CHP, Mr. Galvan was walking a herd of sheep from a field near the intersection of State Route 115 and Norrish Road in Holtville, Califorina, when a pick-up truck hit numerous sheep before striking Mr. Galvan.

The 68-year-old pick-up truck driver, Jesus Meza Cosio, was traveling 60 miles per hour as he approached the intersection. He saw an amber light flashing ahead, but was unable to see the sheep or the man due to the time of day. The incident is still being investigated.

Wrongful Death Claim

A wrongful death claim is a suit that arises from the death of an individual that was caused by the negligent, reckless, or malicious conduct of another. A wrongful death suit is different from other types of personal injury claims because the victim (the "decedent") is not bringing suit; rather, it is the victim's family members or estate. As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family and/or estate have suffered due to the death of the victim.

Legal Rights For Wrongful Death Claimants

There may be many legal issues to be dealt with in the aftermath of this tragic incident. The victim's family is in a difficult situation and may need guidance and support. Guidance is available from a wrongful death attorney with years of legal experience. We understand that no amount of money can make up for the loss of a loved one. However, we help our clients achieve financial security, so that they can focus on recovering from their loss.

San Diego Dog Bite Lawyer ~

Thu, 16 Feb 2012 03:27:37 -0800

Have you or a loved one been the victim of a dog bite or dog attack? The dog owner may be responsible for the damages incurred, including medical bills, loss of earnings, pain and suffering, among other items that may be claimed.

Preventing A Dog Bite Attack

To prevent a dog bite attack, one should take the following preventative steps when encountering a dog:

Don't interact with an unknown dog, and only interact with an animal when its owner gives permission

Don't interact with dogs that are drinking, eating, restrained, resting, sleeping, injured, old, or with their puppies. They will naturally be more defensive and more likely to attack.

If one is in danger of a dog bite attack, prevent interaction with the dog and remain calm. Don't run away, as this may cause the dog to chase and attack you. Instead, remain still at a 90-degree angle to the dog, avoid eye contact, and slowly back away after it loses interest.

Dog Bite Personal Injury Liability

California dog owners are strictly liable for injuries caused by their pets. When a dog bites someone, the owner of the dog is usually liable for the victim's injuries and related medical care and treatment. Following a dog mauling resulting in a serious injury, victims are advised to consult with an experienced San Diego dog bite lawyer. An attorney who has handled dozens of pit bull attack personal injury claims can advise the victims of their legal rights to obtain compensation for their injuries, and the best course of action to recover maximum compensation.

San Diego Wrongful Death Lawyer ~

Tue, 14 Feb 2012 03:07:07 -0800

A wrongful death claim is a suit that arises from the death of an individual that was caused by the negligent, reckless, or malicious conduct of another.

A wrongful death suit is different from other types of personal injury claims because the victim (the "decedent") is not bringing suit; rather, it is the victim's family members or estate. As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family and/or estate have suffered due to the death of the victim.

We understand that no amount of money can make up for the loss of a loved one. However, we help our clients achieve financial security so they can focus on recovering from their loss.

Personal Injury Attorney Brawley ~

Mon, 13 Feb 2012 07:37:57 -0800

You may or may not be aware that personal injury incidents occur every day. However, the majority of victims are unable to recover money for their damages, which include their injuries, medical bills, loss of earnings, and pain and suffering. Regardless of whether one's injuries are major or minor, there is one commonality - they may be caused by someone else's negligent or reckless behavior.

Maybe you have experienced a slip and fall accident because an employee of a company failed to clean up a spill or to warn of the dangerous condition. Maybe you were the victim of a car accident because someone carelessly ran a red light through an intersection. Perhaps you were injured by the purchase of a defective product which didn't function correctly. In each of these scenarios, someone else was responsible for your injuries, and should be held accountable. It is only fair that the responsible person or company should pay for your damages.

If you or a loved one are a Brawley personal injury victim, an experienced personal injury attorney can help to determine whether or not you have a valid claim.