QUESTION: What is wrongful death? My brother was murdered and no one responded to the 911 calls until 12 hours after. ANSWER: Wrongful death refers to death caused by the negligence or misconduct of another. CCP § 377.60 establishes a statutory cause of action in favor of specified heirs of a person who dies as a result of the “wrongful act or neglect” of another.
QUESTION: What is the statute of limitations for filing a wrongful death suit in the state of California? My son was murdered in 2008 and I am interested in filing a tort case. ANSWER: According to the California Code of Civil Procedure (CCP), there is generally a two-year statute of limitations for claims involving death of a person “caused by the wrongful act or neglect of another” (CCP § 335.1). This means that a suit should be filed within two years from the death of the person, otherwise the claimant.
QUESTION: My father died in a horrific accident in February 2013. We were all devastated, and his partner of 40 years is trying to sue for wrongful death or compensation because he was her provider, but they were never married. Is she legally allowed to do this? Can a non-family sue for wrongful death? We also want to know if we have a wrongful death case as his surviving children. ANSWER: The California Code of Civil Procedure provides for certain heirs to file for a wrongful death action on their.
QUESTION: How can I get my landlord to help pay for the medical bills? ANSWER: Landowners and possessors of land owe a nondelegable duty to put and maintain the premises (including its buildings and structures) in reasonably safe condition [CC § 1714]. Generally, a person who has suffered injury through the fault of another (e.g. negligence by landlord) is entitled to “be made whole”—i.e., to be restored insofar as is possible to his or her preinjury condition through a “compensatory” damages award [CC § 3281].
QUESTION: Is the school liable for my son’s injury during a wrestling practice at his school? My son’s opponent made an illegal move (pile drive), and sent my son head first to the floor. My son sustained a spinal injury and he has not been the same since. ANSWER: There is a special relationship between a school district or its employees and students that imposes an affirmative duty on the district/employees to take reasonable steps to protect students from reasonably foreseeable risks of harm [C.A. v. William S. Hart Union.
QUESTION: A person borrowed my husband’s bike, and this person said he thinks he was hit by a car but couldn’t remember. Can my husband be sued by a person hurt by the person who only borrowed his bike? What can we do to protect ourselves? ANSWER: Generally, the owner of a motor vehicle is vicariously liable for death or injury to person or property resulting from wrongful (negligent or intentional) operation of the vehicle by any person using it with the owner’s express or implied permission [Veh.C. § 17150]..
QUESTION: Does the landlord have liability for attack under fake security cameras? ANSWER: Businesses have an affirmative duty to take reasonable steps to secure their premises, as well as adjacent common areas within their control, like parking lots, against reasonably foreseeable criminal acts of third parties. [Delgado v. Trax Bar & Grill].
QUESTION: My fiance was shot three times in a robbery attempt by a guy, and the shooter has been sentenced to 29 years in jail for the crime. My fiance is now permanently paralyzed from the chest down. What are the steps we need to take to bring a case against the state where this crime happened? ANSWER: Generally, no suit for money or damages may be brought against a government entity (or against a government employee acting in the scope of employment) unless and until a timely claim has.
QUESTION: After spilling a drink, my son was taken to the back steps used for staff and delivery and was given a “shove” down the stairs as he was being escorted by the bouncers out of the bar. His friends were at the exit waiting for him and didn’t see the push or the fall. Is the bar responsible for damages and the cost of my son’s treatment for the injuries caused by the bouncers? ANSWER: Under the doctrine of “respondeat superior,” an employer may be liable for an employee’s.
QUESTION: I was in a car accident in August 2011 while I was in the military, and the other person is suing me for a lot of money that I don’t have. It will more than likely make me bankrupt and lose my house. I have insurance which should have covered $50,000 in medical expenses. What are my options? ANSWER: The great majority of personal injury claims are settled short of trial. However, some claimants in personal injury cases will file a lawsuit first before any talks about negotiation for.
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