Articles Tagged with san diego wrongful death attorney

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The differences between personal injury lawsuits and wrongful death lawsuits in San Clemente can be confusing, especially since wrongful death law is an area of law practiced by personal injury attorneys in California. The two types of claims are closely related, but they are not the same. It is important to understand the distinctions to ensure that you take necessary steps to file the proper claim and that you do so in a timely manner. Our San Clemente personal injury attorneys will tell you more about the distinctions between personal injury lawsuits and wrongful death lawsuits. 

Personal Injury Law and Wrongful Death Law Arise Out of Another Party’s Fault for Injuries

Both personal injury law and wrongful death law in California arise out of another party’s fault or liability for injuries, which makes these two areas of the law quite similar. To be sure, both personal injury law and wrongful death law allow a plaintiff to file a lawsuit in order to hold the liable or responsible party accountable for the injuries they have caused. However, there are also a number of key distinctions that you should understand.

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matheus-ferrero-159633-unsplash-copy-300x200Wrongful death claims in Carlsbad often arise out of accidents and injuries that also seem like they could have given rise to a personal injury lawsuit. For example, a serious car accident might result in life-threatening injuries for one vehicle occupant, but that same accident might have led to fatal injuries for the driver of another vehicle. Similarly, construction accidents can sometimes lead to debilitating injuries that prevent construction workers from going back to the job due to a permanent disability, but sometimes a similar type of accident can cause fatal injuries for another construction worker. For example, a fall from scaffolding can produce different types of injuries in different people and in different situations.

How does California law distinguish between a personal injury lawsuit and a wrongful death lawsuit?

Connections Between Personal Injury and Wrongful Death Law

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It is always scary to learn that we could be driving an automobile that was subject to a product recall. In the past months, millions of vehicles were affected by a Takata airbag recall, and according to a story from PBS Newshour, it looks as if that recall is only continuing to expand.

Were you been seriouAirbagsly injured in a car accident caused by a defective automobile product? It is important to know that you can file a lawsuit to hold the manufacturer liable for your injuries. Contact an experienced San Diego product liability lawyer today to find out more about how we can assist with your case.

Airbags Can Release Metal Shrapnel, Resulting in Fatal Injuries

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When automobile drivers tafile000911994102ke their eyes off the road or experience distractions, serious and fatal accidents can occur.  Indeed, according to a recent report from NBC San Diego, a woman suffered fatal injuries after she was struck by an automobile while unloading her car “along a busy La Jolla street.”  The pedestrian accident occurred in the late morning on Girard Avenue, just across the street from Nosh Delicatessen and Orange Theory Fitness, the article reported.

Elderly Driver Strikes Victim

How did the accident happen?  According to reports, the victim, a 45-year-old woman who was a resident of La Jolla, was pinned between her own parked car and the vehicle of the elderly driver who caused the collision.  The driver, a 91-year-old, “backed out of a nearby parking spot on the west side of the street, crossed into the other side, and rammed into the woman,” according to San Diego Police Department Sergeant Joe A. Benavidas.

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Although the weather is beginning to cool down around the country, diving remains a popular sport in Southern California.  Indeed, lobster diving takes place with frequency at this time of year.  However, fatal diving accidents occur too often, and many of these deadly accidents are preventable.  If you lost a loved one in a diving-related incident, you may be able to file a wrongful death claim.

Deadly Diving Accident Near Cfile000316008356atalina

According to a recent article in CBS’s KUTV2, a vacationing physician was recently identified as the victim of a deadly diving accident off the coast of Orange County.  The victim, Jared Royer, 40, was on a lobster-diving vacation with a group of other physicians.  Royer’s brother-in-law indicated that it was an annual trip, and Royer “was an experienced diver who had been on several similar trips with his colleagues in previous years,” according to a report in The Spectrum.  The group was diving in Emerald Bay late in the evening, and around 11p.m., the other physicians noticed that Royer had not returned to the boat.

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The summer months increase the risk of childhood drowning. The weather is at its warmest, and many people in the San Diego area enjoy swimming at the beach and in pools throughout the area. However, it is extremely important to keep a close eye on children when they are near the water to prevent drowning accidents. According to arecent article from San Diego News 6, the last week of August saw six near-fatal child drownings in San Diego County.

According to Oseana Bratton, file2041245784619a nurse at Rady Children’s Hospital, “six cases of young children nearly drowning in a 48-hour period may seem like a lot, but it’s not that uncommon this time of year, and there’s plenty more hot weather ahead.” Are parents and caregivers keeping an appropriately watchful eye?

One-year-old Gabriel Clark, his four-year-old sister, and the children’s nanny were swimming in a neighbor’s pool in Oceanside. According to the article, “it was just another day for his parents, both of them at work, until his mom Karen got a heart-stopping text.” The nanny texted Gabriel’s mother with a “terrifying text” that simply said “please call me.” The nanny had placed Gabriel in a flotation device—“the kind where his feet were in the water.” Karen told San Diego News 6 that the nanny reportedly “turned away for just a few seconds to help four-year-old Mia jump into the pool.”

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Now that the spring is upon us, more California residents are enjoying vacation days on the water. However, boating accidents can be especially dangerous, and a recent sailing trip near San Francisco resulted in the death of one person and the serious brain injury of another, according to an article in ABC News.

Boat Wake

Personal injuries can occur in many different environments, and accidents during recreational activities often result from negligence.  If another person’s negligence led to catastrophic injuries or the wrongful death of a loved one in a boating accident or other activity, it’s important to speak to an experienced boating accident lawyer.  You may be eligible to file a wrongful death claim or a personal injury lawsuit to seek financial compensation.

San Francisco Sailboat Collision

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