A wrongful death is one of the more tragic causes of action that an attorney handles. A loved one in the prime of life, or even someone elderly who has died from nursing home abuse or any other negligent act has many emotional elements.

A wrongful death claim is based on the death of someone by the negligent or intentional act of another person or company. Each of the 50 states have legislation that determines who can bring a wrongful death claim and what damages may be awarded as well as apportioned.

Death actions, as they are also called, can be the result of auto accidents, a defective product, tainted drug, or by a medical error including wrong diagnosis, errors in surgery, or the breakdown of medical equipment. Depending on the type of case, there may be different standards for determining liability, what standard of proof to apply, and a cap on what damages may be awarded.

In California, there is a two-year statute of limitations for bringing a wrongful death lawsuit, or one-year from the date the negligence is discovered or should have been discovered if it is a a medical malpractice or an asbestos case. These are subject to certain exceptions for suits against municipalities and the ages and capacity of the claimants.

Car Accident Fatalities

All drivers have a duty to exercise ordinary care in operating their auto. This also applies to the conditions under which the car is driven. Even though the speed limit may be 65 mph, you may not exercising ordinary care by driving 65 mph under extremely foggy conditions or when it is snowing or raining heavily.

Many car accidents are caused by intoxicated drivers or those under the influence of illegal or prescription drugs. In these cases, an injured party may be able to claim punitive damages, or exemplary damages, which is designed to punish the driver and to prevent future, similar conduct.

Death by Medical Malpractice

Medical negligence, or malpractice, also causes numerous deaths each year. Physicians are held to the standard of care exercised by competent similar physicians under similar conditions and in the same medical community. For example, a general practitioner (GP) will not be held to the same standard as a neurosurgeon, but the GP does have a duty to refer someone to a specialist if a reasonable diagnosis would have lead a similar GP to do so.

Medical accidents can also occur from faulty equipment or a poorly trained staff. A patient’s medical history must be detailed so that the wrong drugs are not administered or a procedure undertaken that exposes the patient to an unreasonable risk. Not accounting for a patient’s diabetes or interactions with certain drugs can lead to serious consequences such as cardiac arrest, stroke, organ damage, and death.

Damages in a malpractice case are limited in California and in most other states, regardless if a death occurred or not. In California, there is a cap of $250,000 on noneconomic damages, also referred to as pain and suffering or the loss of society, love and affection in a wrongful death case. There is no cap or limit on economic losses, which include medical expenses, funeral and burial expenses, and the loss of income during the working life of the decedent.

To initiate a medical malpractice suit, however, a physician must be given 90-days notice.

Further, most states, including California, require that a medical expert in at least the same medical field as the alleged negligent medical provider, submit a signed affidavit, also referred to as a certificate of merit, attesting to the negligent conduct before the court will allow the suit to proceed.

Product Liability

These cases require proof of negligent design or manufacture of a product that was used in the manner intended and which caused death, either because it was defectively designed or that there was an error in its manufacture. Usually, the injured party must present expert testimony to show that a safer product could have been designed according to the technology that existed at the time of the accident.

In some product liability cases, a product determined to be unreasonably dangerous may come under the concept of strict liability, so that negligence is presumed and an injured victim need only prove the nature and extent of their damages. An example is a death by an animal attack.

Claimants in Wrongful Death

Who can sue in a wrongful death case may depend on the marital status of the claimant, and who are the surviving heirs. Ordinarily, the children of a deceased parent can bring an action as may the parents of a deceased child. In the latter case, parents may not be able to have standing, or the right to sue, if the child was an adult and the parents were not financially dependent on their child, or if they were estranged.

Similarly, if spouses were separated at the time one of them was killed, the survivor’s damages claim may be severely limited.

Generally, an award is apportioned equally among the children and surviving spouse if a  parent died. If there are no children of the deceased and no parents, the surviving siblings may be able to bring a lawsuit. In some jurisdictions, an administrator of the decedent’s estate may have to bring the action on behalf of any surviving siblings.

In states that recognize civil unions, there are usually statutes that allow the surviving partner to bring an action as if they were a surviving spouse. In California, the issue of same sex marriage is still in flux, but it appears that at least registered civil union partners have the same rights as married, heterosexual couples.

In cases where a city, town, school district, county or state government is sued for wrongful death, the action must be brought under the state’s tort claim act. In California, for instance, the municipality must have notice of the claim as well as other information within six months of the accident date.

The government entity must accept or deny the claim within 45 days or it is deemed denies if there is no response after 45 days. If denied, the claimant must file a suit within six months.

Bus accidents may not be as common as passenger vehicle accidents, but the consequences from one can be as serious and deadly as the worst auto collisions.

Buses obviously weigh more than passenger vehicles and have wider turning angles. Also, the majority of buses do not have seat belts and they are not required to have them.

Bus drivers are commercial drivers, regardless if they are driving a city bus, school bus, tour bus, or long distance bus like Greyhound. Drivers must obtain a commercial driver’s license and pass a road test. They are also required to submit a medical report certifying they have undergone a medical examination within the past two years, and must submit to a physical every two years thereafter.

Any number of other factors also cause bus accidents. Driver error from inexperience or improper judgment in reacting to a hazard is common. Intoxicated driving or drug impaired driving is another. Even if a driver has taken a prescription drug, he or she can be charged with a DWI or DUI if the drug impaired driving conduct adversely affected his or her driving conduct.

A recent accident in New York underscored some of the issues facing passengers and bus safety. In late 2011, a bus carrying people from a casino in Connecticut back to New York swerved to avoid a tractor-trailer and collided with a guardrail, continued out-of-control down the roadway and into a sign post that sliced through the bus’s interior. The crash killed 15 passengers and injured 17 others.

Although the bus driver claimed the truck was responsible, passengers said the driver had fallen asleep and was only awakened when the bus hit rumble strips on the shoulder.

The lack of seat belts may have led to some of the injuries and fatalities. This particular bus also had a “black box,” or engine control module, commonly found on aircraft, and a forward-facing camera that told investigators what was occurring in front of the driver in the moments before and during the accident, an invaluable tool that many personal injury attorneys and law enforcement undoubtedly wish was mandatory for all motor vehicles.

A consequence of the accident was that two U.S. Senators introduced legislation mandating seat belts on buses. Similar legislation had been introduced in 2007 following the crash of a college baseball team bus that killed five members of the Bluffton University team.

The U.S. Department of Transportation has also called on the implementation of available technology on buses that provides warnings of impending collisions and that automatically changes the bus’s speed under certain circumstances.

A major factor in bus accidents is the lack of driver training. A review by the National Traffic Safety Board found that many bus companies were hiring drivers who had lost their commercial licenses in other states but had been able to obtain one in others. The Board and other industry spokespersons have called for greater enforcement measures to ensure that qualified drivers are hired and driving.

If you or a loved one have been injured in a bus accident, it is essential that you retain a personal injury lawyer who is experienced and knowledgeable in bus accidents. Because many buses are part of a municipal transit system, any claim for damages must be brought to the attention of the proper municipal agency pursuant to your state’s tort claim act, which governs injury claims and lawsuits against city, county and state government.

Investigating a bus accident requires knowing what documents to obtain and how to analyze any data and other information to establish liability. An attorney can also  ensure that all proper forms are completed and the proper procedures and deadlines followed so that your injury claim is not dismissed before it has been presented.

Sometimes the logic of a driver in a car accident escapes everyone.  Imagine a driver smashing his car through the side of a home and then disappear.  Luckily no one was in the home at the time of the accident.

The driver did not pull his car out of the home to escape.  He left the car sitting inside the family’s home and fled on foot.  It is hard to imagine how the driver expects to avoid being found when the police have the car, the license number, and likely numerous fingerprints.  The car is a orange colored Dodge Charger.  Police request if you know of anyone who might be involved, or if you witnessed the accident, to please contact police in South Los Angeles.

Can you picture how you would feel if you came home to discover your home had been smashed into by someone’s car?  You find your exterior wall smashed through.  Personal belongings in the home are destroyed.  You are faced with major expenses for rebuilding the area of the home.  Who is going to pay for all of these damages?

Your mind would be racing trying to think if this is going to affect your monthly home owner’s insurance.  Will your home owner’s insurance pay?  Should you expect the car insurance of the driver to pay for damages?  What if insurance does not cover all the costs?

The best way to get the process on the right track is to contact a California car accident lawyer.  While your car was not involved the accident still involves a car wreck and will be his specialty.  The auto accident attorney will understand how the auto insurance company will view the accident.  He can negotiate for you to get the maximum settlement possible.

This incident brings up a few other interesting questions.  What if the car was stolen?  What if the car was borrowed and the owner had no knowledge of the accident?  How will that affect your ability to make a claim against the auto insurance?  These questions are not easily answered by home owners or car owners.  This is another reason it is a good idea to work with a car accident lawyer.  They can look at all of the facts concerning the vehicle, the driver at the time of the accident, and give you information on who is liable for the repairs to your home.

This type of situation is not limited to just homes either.  Many times you may have damage to your yard, lawn decorations, or other items you own from someone else’s careless driving.  If the incident involved a car accident then the professional you should seek guidance from is a car accident lawyer.  Instead of throwing your hands up in disgust and just accepting you are going to pay the expenses out of your own pocket, take those few extra minutes and get good advice.   It can save you money and frustration in a most unusual situation.

Earlier this year the California legislature attempted to raise the fines for distracted driving.  They felt the $20 fine for first time offenses and $50 for subsequent offenses was too low and not causing a change in drivers’ behavior.  California Governor Brown saw the issue differently and vetoed the bill keeping the current fines in place.

When you consider distracted driving is the number one cause of car accidents in the state of California this decision is somewhat confusing.  The state continues to take a hard stance on drivers under the influence of alcohol or illegal drugs.  It has been show in numerous studies in California and around the world that the use of mobile phones reduces a driver’s ability just as severely as having a .08 percent alcohol blood level which is equal to California’s legal limit.

Keep in mind the $20 or $50 fine will not be your biggest cost if you are involved in a car accident while you are distracted by using a mobile phone or other device.  You increase your chances of facing lawsuits and other criminal charges due to your neglect to drive safely.  This could result in you being liable for thousands of dollars in damages or even more.

The reverse is equally true.  If you are involved in an accident where the other party was distracted by the use of their cell phone you may be entitled to compensation for their neglect.  The best way to determine the possibility of being compensated for damages to your property or physical injuries from the vehicle accident is to contact a California car accident lawyer.  They can review the case and the finding of the police investigation to determine the correct course of action.

It is important to note the current California laws do allow for the use of mobile phones equipped with a hands free option.  You must ask yourself as a driver does the use of your phone even with hands free option still distracts you.  For most drivers the answer is yes.  You cannot split your focus your attention fully on the road when you are trying to discuss plans for supper, a business deal, or family troubles while you are driving down the road.

The fact  you have not broken a driving law in California does not eliminate the possibility of someone filing a civil suit against you for damages resulting from the accident.  The best choice as drivers is to avoid the use of mobile phones and electronic entertainment devices while driving.  This increases our personal safety and reduces our liability.

If you are involved in an accident where you are certain the other driver was using a mobile phone otherwise distracted visit with a California auto accident lawyer to find out your best options.  You should not be burdened with the cost of medical treatment, car repair, and a rental car due to another driver being distracted while they were driving.