California Wrongful Death Claim 101

If you’ve lost a loved one due to the actions of another. It doesn’t matter whether the actions of the defendant in your case were intentional or negligent- if it wasn’t for the actions of the defendant, your family member would still be with you today. Below we discuss the ins and outs of California wrongful death laws so that you can prepare yourself for your the claims process.

Filing Within The Statute Of Limitations

First and foremost, you need to make sure that you file your claim before the statute of limitations runs out in your case. The time limit for a wrongful death claim in California is two years from the date of the decedent’s passing.

If you do not pursue your claim within the statute of limitations, you will be unable to have your case heard in court, and you will not be able to recover compensation for the damages both you and your deceased loved one endured.

Who Can Pursue A Claim?

California laws regarding who can file a wrongful death claim are very strict. The following entities may be able to pursue a claim under the appropriate circumstances:

  • The decedent’s surviving spouse, children, or domestic partner
  • The decedent’s surviving parents or siblings
  • The decedent’s stepchildren
  • The decedent’s putative spouse or children

The surviving spouse, children and/or domestic partner of the deceased will be the first parties entitled to file a claim first. If none of these parties are in the decedent’s line of descent, then anyone who might inherit the deceased’s property and assets would be able to file a claim, such as the deceased’s parents or siblings.

Also, those family members who can demonstrate financial dependance on the deceased such as the decedent’s stepchildren, putative spouse, or children of the putative spouse will also be able to pursue a wrongful death claim. The term putative refers to an assumed, but not by-law binding, marriage between the deceased and other person.

Damages That Can Be Recovered

There are two different ways that damages are categorized in a California wrongful death claim: those that the decedent suffered or would have sought in a personal injury claim, and those that the family suffered upon the death of their loved one.

The losses of the deceased might include lost wages and damage to their earning potential, medical bills accrued due to their injuries, and funeral and burial costs.

Damages that will be attributed to the surviving family members pursuing the wrongful death claim would include the loss of financial support, the loss of companionship and love, the loss of household services, and  the loss of community and guidance.

Your attorney will be able to go over all of the losses that could be considered when calculating the value of your claim to ensure no damage is unaccounted for.

Speak With A California Wrongful Death Lawyer

If you have additional questions about how to go about filing a wrongful death claim, reach out to the wrongful death lawyers of Dickson Kohan & Bablove today. Your attorney will work to secure the compensation you need to pick up the pieces of your life.

The Many Things an Employment Lawyer Can Help You With

Have you thought about how important it can be to hire a law professional when dealing with an employment dispute? Employment lawyers are some of the best people to have on your side when it comes to employment issues. You will find they help in a variety of ways and they can certainly ensure you get more value for money too. So, what are the many things in which an employment lawyer can help you with? Read on to find a few things they can do so you don’t have to.

Preparing for Court

Employment lawsuits can go to court and that means presenting evidence. Gaining evidence such as documents and witnesses can be so important and an employment lawyer can help with such things. This is truly an important part for most individuals as it’s not always easy to deal with preparations for court. Remember, you have a lot of laws to abide by and having to create a case with the best chance of winning is going to take some skill. When you look at a professional, you will find your case is presented in a better and more effective manner.

Acting on Your Behalf for Settlements

Taking on an employer and winning an employment lawsuit is not going to be easy. There will be discussions over potential settlements and trying to go between one party and another is not easy, especially as some people won’t see eye-to-eye. However, when you use a law firm, they can do all the hard work for you. They can act as a representative and accept a settlement on your behalf. They essentially represent you in any and all legal proceedings, even if it doesn’t go to court. This can be so useful and it’s good for those who have no clue of the law too.

Presenting a Case

For those who have to take their case to court, it can be a very stressful time and it’s certainly not easy for those who have never had experience in this field. It puts a lot of pressure onto someone and for most; they don’t know how to do this successfully. However, by looking at an employment lawyer, they can deal with everything so you don’t. They can present the case in an effective manner so that the court can follow the evidence and hopefully they can win. Presenting a case in court poorly is the best way to lose the case; that is why more and more people hire a professional lawyer.

Get Help When You Need it Most

Dealing with employment disputes are terrible because it’s difficult as you are going up against your former employer and it’s not the most pleasant experience. For most, they find they struggle to go through a case simply because they feel awkward as to what they are doing. However, with an employment lawyer, it might be far easier to go through the entire process. It can make life easier for all and hiring a good law firm to represent you can take a load from your shoulders.

Check out this post for more informations and help: http://www.barryspalding.com/the-benefits-of-hiring-a-labor-lawyer/

The Benefits of Hiring a Labor Lawyer

Have you thought about hiring a labor lawyer? To be honest, when it comes to labor disputes, no matter which side you are on, you can often find it’s full of ups and downs. It’s not easy at the best of times to deal with labor disputes and sometimes, having the services of a lawyer can be more beneficial to both sides than you believe. So, what are the benefits of hiring a labor lawyer and can they really help your cause today?

Making the Terminology Easier to Understand

Lawyers and the legal system are full of complicated jargon that very few people understand. Sometimes, you can only understand what lawyers are talking about when you are within the same field and that can be a real issue for most people during a dispute. However, when you look at hiring a law firm you can make things far easier. That is why it’s time to look at hiring a professional labor lawyer. It is not only a smart way to get the best way to get expert advice but to also make the terminology surrounding the events far easier too.

You Need Someone Who Knows Employment and Labor Laws Well

Let’s be honest, there are lots of laws surrounding labor and employment and if you are not well informed of them, you can be left short-changed. It’s not always easy to approach a dispute when you don’t know this area of the law well which is why it’s best to hire someone. One of the best benefits to come from hiring a labor lawyer has to be down to them understanding and knowing the latest laws and guidelines. This will benefit you simply because you get advice and the best way to proceed. They know the laws which will make things far easier for you in the long-term.

No Need to Do the Hard Work                                                

If someone has been fired from work and the employee thinks it’s unlawful then there is a potentially a lawsuit to face. For most people, they don’t know how to approach these cases and don’t have the ability to represent them in court either. By hiring a professional they can actually make your case for you. A law firm can represent someone unlawfully fired in court but they can present a well thought out case and find witnesses and other evidence to support their case. It’s something which most regular people don’t know how to do which is why a lawyer is needed and they make it easier for all.

Make Life Easier

When you deal with an employment or labor dispute, it’s going to be very tough. You have a lot to take care of and not a lot of time to do just that. However, when you get advice and hire a professional lawyer, things can be made far easier. It’s time to think about getting someone who knows this area of law well and who can offer real help to you too. A labor lawyer is well worth the money.

Read more here: https://www.thebalancecareers.com/employment-law-advice-best-websites-2071543

Legal Services of Labor Law Attorneys

Despite what you might think, labor law attorneys don’t just have to represent employees or employers in court. There are many things in which labor lawyers take care of and each service provided can be just as important as the next. What so many people don’t realize is that legal services provided by labor law attorneys can be used by both employers and employees. Want to know more about their legal services? Read on to find out more.

Labor Lawyers Can Review Policy Statements for Businesses

A labor lawyer can actually take a very close, in-depth look into the type of business policies an employer has created. They can do this for both the employer and employee to ensure the policy complies with the latest employment laws. This can be a very useful service to ensure employee manuals and everything else is in order and is fair above all. It will make a real difference if employment policies are not at the standard they should be and a labor lawyer can help ensure they meet all standards.

Help with Wage Issues

Employees can make a complaint against their former or current company stating they have not been paid the exact money they were promised when they began their employment. Also, employers can also make complaints against employees who may have been overpaid due to errors with payroll and fraud in overtime and hours worked. Labor law attorneys have the ability to assist with these cases. Lawyers can also help the government sort out these issues too if the government has filed a complaint against the business in question.

Representing Employers in a Labor Dispute

If an employee has taken their employer to court over a labor dispute, the business or employer will need someone to represent them in such matters. A labor lawyer can do just that. They have the ability to go into court with them and represent them so that they present a fair case. A lot of people go through these disputes each year and while they are mostly resolved outside court, some have to go to the courts in order for a judgment to be made.

Can Employment Lawyers Help?

While you might not think these lawyers can help anyone but the employer, think again. Labor lawyers can represent both the employer and employees. These are the people who can help to ensure there is a fair hearing and for both parties to present a fair case should the matter go to court. Labor law attorneys can offer up a lot of assistance and they can do so much for those who really need help with labor disputes.

Get Legal Help When You Need it Most

When you are dealing with employment issues, you have to have someone on your side to help. It is not easy at the best of times to go through such matters. For most, they have real issues over settling a dispute. However, while it might seem impossible to take on such a case, there are people who can help deal with the case on your behalf. A labor lawyer can assist you in many ways and they really are some of the best people to talk to.

Read more here: https://www.nytimes.com/2018/02/04/business/economy/tips-rule.html