Archive for the ‘ Wrongful Death’ Category

California Statute of Limitations

Wednesday, August 4th, 2010

Statutes of limitations in California courts vary depending on the individual case. A statute of limitation is the time limit from when an injury or damages took place that an individual or party has to file a suit in the court of law. These statutes are all different and have varying timeframes depending on the type of case. For example, a medical malpractice suit has a statute of limitation of three years from the date of injury or one year from the date of discovery while the statute for a wrongful death case is two years. Of course, there are exceptions and different stipulations depending on specific case circumstances.

The Law Offices of Samer Habbas specialize as Los Angeles personal injury lawyers and its surrounding areas and are very experienced in the many areas of personal injury law. By contacting a Southern California injury lawyer, you can receive more specific and detailed information on cases regarding negligence, medical or other types of malpractice, wrongful death, discrimination and abuse as well as other topics.

Because there are many extenuating factors that can come into play when determining whether you in fact do have a case and which statutes of limitations apply, it is important to contact and work with a personal injury attorney so you do not miss any opportunities to recover damages. Over the years, the attorneys at the Law Offices of Samer Habbas have been effectively representing the people of Southern California who have been victims and suffered major injuries from car accidents, day care and nursing home abuse, brain injuries and wrongful death to smaller injuries suffered from dog bites and slip and fall injuries.

If you feel that you suffered an injury, your best course of action is to call an experienced and qualified lawyer in the Los Angeles area such as a Samer Habbas Southern California personal injury lawyer. To schedule a consultation to discuss your case, call 1.888.848.5084 today.

Wrongful Death: Facts You May Not Know

Wednesday, July 21st, 2010

It’s been a little more than a year since the death of superstar Michael Jackson here in Los Angeles. The case is a source of interest to many of the wrongful death lawyers at The Law Offices of Samer Habbas who grew up listening to the music of Michael Jackson and the Jackson Five.

Many consider Jackson’s death a wrongful death case caused by his doctor’s negligence. Jackson’s personal physician, Dr. Conrad Murray, administered the powerful drug Propofol to help him sleep. However, Propofol caused his death instead.

For the last year, there have been countless news articles about Michael Jackson’s accidental death. Some of the stories have inadvertently passed along incorrect information about wrongful death lawsuits in Southern California. In order to dispel any misconceptions you may have, we’d like to make you aware of some facts:

Who can file a wrongful death lawsuit?

An immediate family member such as a spouse, domestic partner or child can file a wrongful death lawsuit. Parents, brothers and sisters or grandparents can make a claim for wrongful death if the victim was unmarried and childless.

When can you file a wrongful death lawsuit?

Each state’s statute of limitations specifies the length of time in which one must file a lawsuit for wrongful death. One must file a California wrongful death lawsuit within two years of the victim’s death or the discovery of the injury causing the death. In the case of a wrongful death lawsuit filed against a doctor, like Jackson’s, a person must file within one year.

What type of damages can one recover in a wrongful death lawsuit?

Compensation for wrongful death cases includes burial or funeral costs, medical expenses, out-of-pocket expenses, pain and suffering, loss of companionship, loss of service to the family, loss of earning potential and loss of pension.

If you have any other questions about the wrongful death of a loved one in Southern California and Los Angeles, contact The Law Offices of Samer Habbas. We offer a free consultation to discuss your case. Call us today at 888.848.5084.

Wrongful Death Frequently Asked Questions

Friday, July 2nd, 2010

The California wrongful death attorneys at the Law Offices of Samer Habbas place an emphasis on client education so that their clients may make informed decisions about which course of action will be best for them. While our Orange County wrongful death attorneys can answer many questions during a free consultation, many clients struggling with the loss of a loved one want to know the same things. To that end, here are some wrongful death FAQs answered by our experienced Los Angeles wrongful death attorneys:

What is wrongful death?

Wrongful death is the result of a person engaging in wrongful actions that caused the death of another person such as reckless driving, driving while drunk or high, deliberately intending to murder someone and other acts of negligence and recklessness.

Aren’t murder and wrongful death the same thing?

From a legal standpoint, no. Murders trials are criminal lawsuits while wrongful death cases are determined by civil lawsuits.

Who can pursue a wrongful death lawsuit?

Laws differ from state to state, but in California, the people who may file a wrongful death lawsuit include the following: “The victim’s surviving spouse, domestic partner, children, and offspring of deceased children, or, if there are no surviving children of the victim, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the victim by intestate succession (a person dying without a will).”

Is there a time limit for filing wrongful death claims?

Wrongful death statutes of limitations vary from state to state. In California, those wishing to file a wrongful death lawsuit have two years from the date of the incident or accident that caused the wrongful death.

To receive specific answers to your wrongful death questions, contact the California wrongful death lawyers at the Law Offices of Samer Habbas today at 888.848.5084 to schedule a free consultation to discuss your case.

What is a Wrongful Death Claim?

Monday, May 10th, 2010

If the negligence or unjust actions of an individual or other entity results in someone being killed, a wrongful death lawsuit may be filed against them, and they may be liable to pay monetary damages to the victim’s family. Unlike “normal” negligence lawsuits, which are usually filed by the party injured by the negligence, wrongful death claims differ from these in several ways. These differences can be quite complex and situational and are best described by an experienced California wrongful death lawyer such as Samer Habbas.

In the simplest terms, there are four elements of a wrongful death claim. The elements include the following:

  • A death that was entirely or partly caused by the conduct of the defendant
  • The defendant was negligent and strictly liable for causing the victim’s death
  • There are surviving children or other dependents
  • The victim’s death has resulted in monetary damages

Again, the specifics of what differentiates a wrongful death claim from other types of negligence claims can be very situational. An experienced Southern California wrongful death attorney like Mr. Habbas would best describe this information. If you have lost a loved one due to the negligent acts of another party, you may wish to schedule a free consultation with Mr. Habbas. He can explain why your case does or does not qualify for a wrongful death claim in plain language so that you and other family members can make informed decisions about which course of action will be best for you. Call toll-free 888.848.5084 today to schedule a free consultation with Long beach wrongful death lawyer Samer Habbas and receive answers to your questions.

Resource link:  Wrongful death

California Judge Will Hear Wrongful Death and Other Lawsuits Against Toyota

Tuesday, April 13th, 2010

A California U.S. district court judge renowned for his ability to parse complex legal cases has been selected by a federal panel to hear an increasing number of wrongful death and other lawsuits against Toyota Motor Corporation. The lawsuits have been filed against the giant automaker for injuries, death and other damages caused by sudden acceleration, sticking gas pedals and other safety problems that have caused the automaker to recall over eight million vehicles.

Federal Judge James V. Selna will hear the federal lawsuits filed across the country that blame Toyota for incidents where some of their models have accelerated out of control, causing at least eight confirmed deaths, many injuries and wrongful death and other lawsuits.

Judge John Heyburn II, chairman of the panel, called Judge Selna “well regarded and skilled” in the panel’s order Friday. “Judge Selna’s 28 years of private law practice at the very highest levels and in some of the most complex cases leaves him well prepared for a case of this magnitude,” Judge Heyburn said. Judge Selna will make the decisions on how or whether to lump all the lawsuits into class actions and make rulings on evidence and other important decisions.

The families of California wrongful death victims have their own decisions to make, such as which Los Angeles wrongful death lawyers should represent them as well as many other decisions. They may wish to schedule a free consultation with Southern California wrongful death attorney Samer Habbas. He has many years of experience providing legal counsel to families struggling with the loss of a loved one. Mr. Habbas has earned the respect of other California wrongful death lawyers for his work ethic and dedication to his clients. Call 888.848.5084 today to schedule a free consultation with Los Angeles wrongful death attorney Samer Habbas.

Resource link: California Judge Will Hear Wrongful Death and Other Lawsuits Against Toyota