If you have lost a loved one due to the actions or negligence of another person or company, you have our sincerest condolences. There is nothing more tragic than a life being cut short due to something that should have been avoidable. Here are the most common causes of wrongful death suits:
- Motor vehicle accidents – Whether the offending driver was driving recklessly, distracted, sleepy, or under the influence, many car accident fatalities qualify as a wrongful
- Medical malpractice – Whether medication is dispensed incorrectly, a procedure is performed improperly, or an obvious diagnosis is missed or provided incorrectly, the doctor or medical facility may be at fault.
- Defective products – If a company knew about the defect and failed to provide a recall in time, or the defect was due to negligence in some way, this can qualify as a wrongful death case. It can also be something like a failure on the manufacturer’s part to inform the user of safe practices for the use of the product.
- Work accidents – Whether the accident was avoidable due to poor safety protocols or the company failed to train their employees properly, these foreseeable incidents qualify as a wrongful
Legal Assistance for Grieving Family Members
When you are grieving a loss, you need compassionate assistance from an experienced wrongful death attorney. Petrov Law Firm is southern California’s source for the care you need when tragedy strikes. Call 619.344.0360 to learn how we can help you get the compensation you deserve.Read More
There is nothing more tragic than losing a loved one prematurely due to someone else’s negligence. We’re going to list 6 broad categories of circumstances that constitute wrongful death. If your family has faced one of these situations, you need to find a compassionate lawyer to help you through this difficult time.
- Medical malpractice – Doctors and their staff need to perform the right medical procedures and provide the proper doses of medication to avoid culpability in a patient’s death.
- Auto accidents – Whether the other driver was under the influence of something, driving recklessly, or just plain negligent in driving practices or in maintaining the vehicle, it may qualify as wrongful
- Transportation accidents – Cars are not the only place where a wrongful death can occur. The same holds true when a person travels via plane, train, or bus.
- Product defects – Whether there is something wrong with the product itself or the instructions on how to use it safely, this may qualify as wrongful
- Failure to properly train employees – If an employee is killed on the job because he or she received insufficient safety training regarding a foreseeable danger, the incident may have been preventable.
- Unsafe roadways – Road hazards happen, but what if the hazard is fixable and has been in place for weeks or even months with no warning to drivers. This may qualify as a wrongful death case as well.
Legal Assistance When You Need It Most
If your family is dealing with a tragedy due to one of the circumstances noted above, contact Petrov Law Firm. We provide the compassionate legal assistance that families in Southern California need when calamity strikes. Call 619-344-0360 to speak to someone about your circumstances today.Read More
The CDC used 2013 figures to illustrate just how much fatal car accidents cost California residents every year. We’re not talking about the emotional toll that these deaths take on families. These numbers strictly represent the financial toll. The figures may prove shocking to you.
- $38 Million – This represents the medical costs left behind by patients who died in car accidents in the state of California in 2013 alone.
- $4.44 Billion – This staggering number is the amount of work loss costs incurred by these accidental deaths. Take, for example, the husband, father, and businessman who doesn’t make it home from work one evening. His family has lost perhaps decades of his income.
Of course, there is no way to calculate the impact of such tragedies in mere numbers. That’s why wrongful death plaintiffs often receive more than just medical compensation and compensation for loss of future income. Pain and suffering, as well as emotional losses, also need to be considered, and that can lead to settlements that provide well for a family during the long time of emotional healing that needs to take place following such a catastrophe.
Compassionate Lawyers for Your Wrongful Death Case in California
Petrov Law Firm has the compassionate lawyers that you want on your side during a wrongful death suit. Please remember though that time is of the essence when you have a case like this. As a result, we encourage you not to delay in calling our San Diego office at 619-344-0360.Read More
Recent research reveals that sitting at a desk is not as safe as most people think. However, there are still plenty of jobs that pose more immediate threats. Here are five of the most dangerous jobs. Did yours make the list?
- Police Officer – An officer of the law is putting his or her life on the line to protect others. That is certainly a commendable career option. Unfortunately, it also means dangers that don’t necessarily end when an officer’s shift is over. You always need to be cognizant of your surroundings to ensure that the job isn’t trying to follow you home.
- Lumberjack – Logging is one of the most dangerous jobs around. One wrong move can end a life quickly in a field that involves high-powered equipment and an extremely heavy product. Long hours add fatigue to the list of dangers.
- Construction Worker – Not only is safety equipment vital for workers in this industry, but you run the full risk of injuries due to the elements from frostbite in the dead of winter to the risk of heatstroke in summer.
- Mechanic – The list of dangers in this workplace environment can’t be understated. From noxious chemicals to dangerous tools, a mechanic’s shop is no place for an untrained individual. Even professionals can quickly come to harm if you let your guard down.
- Metalworker – Welders and other metalworkers are dealing with intense heat, bright lights, sharp metallic edges, and more. From an equipment malfunction to a mistake in safety protocol, this profession can go from zero to deadly in an instant.
Personal Injury Attorneys San Diego Workers Can Trust
If you have been injured working in a dangerous job, the fault may be due to negligence or lack of safety training by an employer. To learn if you are eligible for compensation, contact the personal injury professionals at Petrov Law Firm. California residents can call 619-344-0360 to schedule a consultation.Read More
The state of California has heavy penalties in place for DUI offenders. These laws are in place to discourage drivers from getting behind the wheel while intoxicated. A drunk driver can destroy lives in an instant. Despite these penalties, many injuries are still sustained each year due to driving while intoxicated. Here is a list of some of the penalties in place in the state of California.
The minimum penalty for a first-time offender (assuming no one is hurt or killed) includes:
- $1,800 in fines and assessments
- 2 days in jail or 3 months with a restricted license (only driving back and forth to work or treatment is allowed)
- 3 to 9 months of mandatory treatment (depending on BAC) which costs about $500
- Loss of license for 30 days (the restricted license begins after this period)
These penalties quickly escalate for second and third-time offenders. However, if someone is hurt or dies as a result of the DUI, penalties may include a felony that will result in prison time. Depending on whether the person was a previous offender, the minimum sentence will be somewhere between one and five years.
If You or a Loved One Has Become the Victim of a Drunk Driver
If you have been hurt or have tragically lost a loved one due to someone driving under the influence, you deserve to be compensated for all of your losses. This can include lost future wages, medical costs, pain and suffering, and more. The compassionate lawyers at Petrov Law Firm can help you to handle these sensitive matters when you may not mentally be in a position to seek a reasonable settlement yourself. Let us help you start to put the pieces back together. In many wrongful death cases, we only get paid if we win for you. Just call 619-344-0360 for help in the state of California.Read More
Regardless of the motor vehicle manufacturer you purchase your car from, you are bound to run into a recall sooner or later. What is a recall? Why should you respond promptly when you receive one? We will discuss the answers to these questions and more.
What Is a Recall?
If a manufacturer discovers that a part of one of their vehicles is defective, a recall will be immediately issued. This is a notification for owners of a particular year, make, and model to head over to the dealer for the part to be changed out for one that is not defective. The work is performed at no charge since it was the manufacturer’s fault.
Why Respond to a Recall Notice Right Away?
Once the company notifies you of a recall, their liability should something happen is reduced or eliminated. In other words, you can no longer say that it was the manufacturer’s fault because you have knowledge of the issue and an offer to fix it for free. If you are injured or injure someone else because of the defect, it may actually be your fault rather than the manufacturer’s at that point. This makes it vital to follow through on recall notifications immediately.
If Your Vehicle Has Malfunctioned
If you are injured by a vehicle that has malfunctioned, even if there was a product recall, you may still be eligible for some compensation. The personal injury attorneys at Petrov Law Firm can help you to see if you have a legitimate case and can also back you up while pursuing the best possible settlement. Call 619-344-0360 today to get started.Read More
In a wrongful death case, California courts are charged with a serious duty. The value of the loss needs to be calculated to compensate a grieving family adequately. While the loss of a loved one in a tragic accident cannot be calculated with any formula, there are several things that go into determining the amount of compensation a family will receive. We’re going to look at the four primary losses that make up wrongful death compensation.
What Financial Elements Comprise a Wrongful Death Case?
When compensation is determined, all amounts are calculated at present values and not estimations of future market values. Here are four losses that are calculated:
- Expenses connected with the funeral and burial.
- The individual’s contribution to household income. This includes all the money the individual would have made during the rest of his or her life in support of the family. It also includes retirement plans, investments, and any other form of income.
- If the individual would have made monetary gifts to certain family members, this is also calculated. For example, if a parent had been setting aside savings for a child’s college tuition, this amount is included.
- The services the family member provided to the household at no charge must also be calculated. For example, if a grown son took care of his mother’s yard every weekend, the cost of ongoing lawn service would have to be compensated for.
Additional Elements in Compensation Calculation
Of course, many elements of a loss are more emotional than financial. As a result, compensation may be provided in the following areas:
- Loss of love, companionship, protection, etc.
- Loss of sexual relations for the decedent’s partner
- Loss of guidance and training for those being raised by the decedent
Obviously, these elements cannot be calculated in the same way as financial losses. As a result, evidence needs to be presented showing the decedent to be loving. This may include testimony from family members, photos, videos, and so on to show that the individual was present in the lives of those seeking compensation.
If You Have Lost a Loved One
If you believe you may have a wrongful death case on your hands, contact Petrov Law Firm right away by dialing 619-344-0360. Our empathetic attorneys will help you to receive the full compensation you deserve for your tragic loss.Read More
When a person dies as a result of someone else’s negligence, the survivors may be able to file a wrongful death lawsuit. This kind of lawsuit seeks compensation for the loss of the survivors, such as funeral expenses, lost companionship, and even lost wages from the deceased.
What is a wrongful death claim? Who can file it? How quickly must it be filed? What damages can be collected, and how are they distributed? These are the questions this blog post seeks to address.
What Is A Wrongful Death Claim?
A wrongful death lawsuit is a legal suit in a civil court that seeks a civil redress against the person or company who played a part in the death of the decedent. The compensation is paid in the form of monetary damages.
Who Can File a Wrongful Death Lawsuit?
The dead person called the “decedent,” obviously, cannot file the lawsuit themselves, and even not legally allowed to file the lawsuit. Another person must file the lawsuit such as:
– A surviving spouse
– Adult children
– A parent (when the decedent is a minor.)
– A single member of a civil union or domestic partnership
– More distant family members can file a lawsuit in many states if the decedent was a single male adult.
– The executor of will (if the decedent had a will) may also have the sole right to file a claim on behalf of the decedent.
It should be noted that only one wrongful death lawsuit can be filed on behalf of the decedent. If multiple lawsuits are filed due to a family disagreement, the court will most likely consolidate them into one lawsuit.
When Must a Wrongful Death Lawsuit Be Filed?
Every state allows at least one year. The only exception is if you are claiming the government or an employee of the government played a role in the decedent’s death. In such case, you’ll need to file documentation known as a “notice of claim” within 90 days of the death.
What Damages Can Be Collected?
Damages are awarded solely for the benefit of the decedent’s surviving spouse, children, and other dependents in most states. In cases where there are no surviving spouse, children, or dependents, the damages may be directly paid to the estate. Damages available in a wrongful death case varies depending on the facts of the particular case, and the state it is filed in. Some common types of damages paid includes:
– Funeral and burial expenses,
– Medical bills,
– Loss of wages,
– Lost contributions to child or spousal support,
– Loss of household and other services the decedent would have performed,
– Loss of prospective education and training,
– Loss of care, comfort, and guidance the decedent would have given to his or her spouse and children.
– Also, pain and suffering suffered by the decedent in the moments before death.
If you believe a loved one has died due to intent or negligence by another person or company, you have recourse through the law to recover monetary damages through a wrongful death lawsuit. Contact Petrov Law Firm at 619-344-0360 for a consultation.Read More
When an injury results in death, close relatives of the victim can file a wrongful death case. (Had the incident caused just an injury, the case would have likely been a personal injury claim.) Different states allow for different family members to file wrongful death claims. If someone close to you has died from another’s neglect, contact a personal injury attorney to file your case immediately.
Generally, wrongful death cases occur because of an accident stemming from neglect. Intent to cause harm would mean the case is a criminal matter. For example, if a construction crane falls and kills someone walking by the construction site, the victim’s family would file a wrongful death case.
Not all wrongful death claims, however, are easy to identify or prove. For example, if a skier hits a tree and dies while skiing, generally the business that owns the ski trail wouldn’t be liable in a wrongful death case. Skiing has some inherent risk and the skier assumes most of that risk. However, if the trail had been mismarked as an easy path, but was, in fact, intended for more experienced skiers, the owner could be held liable. Again, neglect is key in proving that ski trail management should have more diligent about guiding less experienced skiers to the safer options.
Spouses, parents, and children are responsible for filing the wrongful death case. If you have a family member that you suspect died because of someone else’s neglect, contact a lawyer immediately. Evidence of neglect disappears quickly and witnesses become hard to locate. Don’t let a wrongful death go unnoticed.Read More
Perhaps you were shopping at the convenience store, checking into a motel, or simply using the ATM, and you and the business were robbed. Your routine activity became part of a criminal act. Generally, the hold-up is over as quickly as it began. Suddenly, you’re lying on the floor, your wallet is gone, and the criminals are speeding away in car.
If you’ve been the victim of a crime like this, you know the aftermath continues for years. Nightmares, paranoia, and agoraphobia are just few of the symptoms you suffer. But who is responsible for helping you with these post-trauma symptoms?
No business can guarantee that a crime won’t occur on its premise. However, businesses have a responsibility to their employees and clients to enact reasonable crime-prevention methods to deter criminals. Working cameras, proper lighting, and internal cash-handling procedures can reduce the likelihood of crime significantly.
Just as in a physical injury (slip and fall) that happens on a commercial property, businesses are responsible for the emotional distress from a hold-up or robbery. You might be eligible for recouping the cost of psychological treatment, anxiety medications, and lost wages.
You might (or might not) receive a letter from the business or its insurance company indicating how much time you have to submit a claim. A personal injury attorney will be able to investigate the company’s insurance policy to see if your losses and costs are already listed as covered expenses.
You are the victim of a preventable crime. Make sure to hold the business responsible for keeping you safe.Read More