Thursday 31 August 2023

How Long Does A Wrongful Death Lawsuit Take

How Long Does A Wrongful Death
Lawsuit Take?

Losing a loved one due to someone else’s negligence is heart-wrenching. While seeking justice through a wrongful death lawsuit is crucial, it’s understandable that the duration of the legal process is a pressing concern for grieving families. A common question we encounter is, “How long does a wrongful death lawsuit take?”

The timeline for a wrongful death lawsuit varies. Each case is distinct, and numerous factors can influence its duration. Some cases might conclude within months, while others can extend for years. The complexity of the case, the evidence presented, and the parties involved can all impact the time it takes to reach a resolution.

At The Scranton Law Firm, we recognize the urgency and emotional toll these cases can have. Our dedicated team of wrongful death attorneys is here to guide you through every step, providing clarity on the process and potential timelines.

For a comprehensive understanding of how long a wrongful death lawsuit may take and other related questions, reach out to us at (888) 424-5757. Our experienced wrongful death lawyers are ready to offer a free consultation and address all your concerns.

What Constitutes A Wrongful Death Lawsuit ?

A wrongful death lawsuit arises when an individual’s death is caused by the negligence, wrongful act, or default of another person or entity. This legal action seeks justice for the deceased and compensation for the survivors or the estate of the departed.

To successfully pursue a wrongful death suit, certain elements typically need to be established:

Death of an Individual: Central to any wrongful death lawsuit is the undeniable fact that a person has died.
Negligence or Intent: The plaintiff must demonstrate that the defendant’s carelessness, recklessness, or deliberate actions contributed to or caused the death.
Causation: Beyond establishing negligence or intent, it’s crucial to prove that the defendant’s actions (or lack thereof) directly resulted in the death.
Quantifiable Damages: The death should have led to measurable financial burdens, including medical bills, funeral and burial expenses, lost wages, and non-economic damages like loss of companionship and the emotional distress of the survivors.

In the U.S., the specifics of a wrongful death suit are dictated by state laws, meaning the process and prerequisites can differ considerably across states. Given the complexities involved, consulting a seasoned wrongful death attorney is paramount to navigate the intricacies of the relevant jurisdiction and ensure the best possible outcome.

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Pursuing An Insurance Settlement Tor Resolve A Wrongful Death Claim

Pursuing a wrongful death settlement often begins by filing a claim with the responsible party’s insurance provider. Such settlements are common in personal injury cases, where insurance companies play a pivotal role.

For example, auto insurance providers handle wrongful death claims stemming from vehicular accidents, while homeowner’s insurance addresses incidents on private properties. Similarly, professional liability insurance covers medical professionals in cases of medical malpractice.

When dealing with a wrongful death claim, the initial step involves submitting the claim to the insurance company of the party at fault for your loved one’s accident. Following this, an insurance adjuster might present a wrongful death settlement offer. However, it’s essential to approach such offers with caution for two primary reasons:

Insurance companies often aim to minimize their payouts, leading them to propose lower wrongful death settlement amounts than what might be fair.
Once a settlement is accepted, the door closes on pursuing any further legal action for additional damages.

Given these complexities, it’s crucial to have a wrongful death attorney represent your interests. By doing so, you ensure that the wrongful death settlement negotiated truly reflects the magnitude of your loss and the damages incurred

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How Long is the Wait for an Insurance Claim Settlement? When you’ve reached a successful negotiation, your attorney will oversee the subsequent steps until you receive the settlement. Typically, wrongful death claims settled through insurance take anywhere from a few weeks to several months.

Initiating a Wrongful Death Lawsuit Regrettably, insurance settlements don’t always conclude amicably in wrongful death cases. Circumstances that might necessitate filing a wrongful death lawsuit include:

The insurance company of the defendant not presenting a reasonable offer.
Denial by the defendant of their role in the death.
Unjustified rejection of your claim by the insurance company.
Damages that surpass the defendant’s insurance policy’s maximum payout.
Stagnant negotiations.

In such instances, your case would proceed to a civil court, where the evidence is presented before a judge or jury to reach a verdict.

Duration of a Wrongful Death Lawsuit in Court While trials can be both costly and lengthy, many families and estate representatives prefer a swift settlement. However, certain situations leave families with no option but to pursue the matter in court.

The duration of a wrongful death lawsuit in court varies based on the specifics of the case. Some might conclude within months, while others could extend over years. Your attorney will provide insights into the potential timeline of your wrongful death lawsuit, ensuring you’re prepared for the journey to secure the compensation you deserve.

Determinants of Wrongful Death Claim and Lawsuit Durations The timeline of a wrongful death lawsuit can be influenced by multiple factors, such as:

1. Quality and Quantity of Evidence: For a wrongful death claim to succeed, it’s essential to demonstrate the defendant’s negligence that resulted in the death. For example, in a car accident scenario, evidence must show the driver’s negligence towards other drivers and pedestrians. Gathering robust evidence like medical records, accident scene documentation, surveillance footage, police reports, and witness testimonies can expedite the case.

2. Reluctance from Defendant or Insurance Provider: If the defendant or their insurance company is uncooperative, it can prolong the compensation process. Sometimes, this is a strategy to pressurize you into a hasty settlement. In such situations, pursuing a wrongful death lawsuit might be the best course of action.

3. Intricacy of the Case: Certain cases, like medical malpractice, inherently require detailed investigations, making them time-consuming. Conversely, cases like slip and fall accidents might be more straightforward. However, if the deceased had a role in the incident, determining their level of fault can add to the case’s duration. Comparative negligence rules, which vary by state, can also impact potential damages.

4. Additional Complicating Factors: Several other elements can add complexity to your case:

Involvement of multiple parties at fault.
Claims against large corporations.
Encountering bad faith insurance tactics.
Cases with multiple victims or fatalities.

Our legal team can provide an estimated duration for your claim or trial based on your case’s specifics.

5. Statute of Limitations: Each state has its own timeframe for filing wrongful death suits, with most states setting a two-year window from the date of death. There are also specific exceptions that might allow lawsuits beyond this period. Your attorney will guide you on the relevant state regulations applicable to your situation.

Connect with an experienced attorney for a No-Cost Case Review

Three of the most common questions we get are “How long does a wrongful death lawsuit take?’ or “What’s the typical duration for settling wrongful death claims?” or “How does the timeline of a wrongful death lawsuit compare to an insurance claim?”

While these inquiries are understandable, the answers aren’t straightforward due to the myriad of factors involved.

Our experienced wrongful death legal team can help you better answer these questions and all the wrongful death questions that you have during your free consultation. With a track record of resolving numerous wrongful death claims annually and settling more then $1,000,000,000 for our clients our attorneys can provide insights into the potential timeline of your case.

Fill out the contact form for a complimentary consultation. We’re here to navigate you through the legal journey and advocate for justice following your loved one’s tragic loss. Rest assured, any sensitive or confidential information shared during our free consultations is safeguarded under the attorney-client privilege.

Furthermore, our personal injury attorneys operate on a contingency fee structure for accepted wrongful death cases. This means you’re not charged unless we secure compensation for your family.

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The post How Long Does A Wrongful Death Lawsuit Take first appeared on Scranton Law Firm.

source https://scrantonlawfirm.com/how-long-does-a-wrongful-death-lawsuit-take/

Tuesday 29 August 2023

Tragic Pedestrian Accident in Sacramento Leaves One Dead

Fatal Pedestrian Accident, Sacramento, Ca

Sacramento, CA – Sacramento, a city known for its vibrant culture and bustling streets, recently faced a heart-wrenching incident that has left its community grappling with sorrow. On an otherwise ordinary Saturday evening, tragedy unfolded near the intersection of Center Parkway and Arroyo Vista Drive. A man, whose identity remains under wraps, met a tragic fate when he was struck by a vehicle. The clock had just ticked past 8:30 p.m. when emergency services received the distressing call.

Racing against time, first responders arrived at the scene, only to find the man lying motionless on the road. Despite their relentless efforts to revive him, he was pronounced dead at the location. The aftermath of the fatal pedestrian accident saw a scene of chaos and grief, with the vehicle’s driver, visibly shaken, choosing to stay and cooperate with the authorities. The incident has raised numerous questions about road safety, pedestrian rights, and the responsibilities of drivers, setting the stage for a deeper exploration into the legal implications of such unfortunate events.

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From the viewpoint of an experienced Sacramento pedestrian accident attorney, pedestrian accidents, especially those resulting in fatalities, are intricate and multifaceted. Determining liability is paramount, and this process is often a meticulous one, involving a thorough examination of the circumstances surrounding the accident.

Several factors come into play when assessing liability:

Pedestrian Behavior: Was the pedestrian using a designated crosswalk at the time of the accident? Were they adhering to traffic signals and rules? Pedestrian behavior plays a significant role in determining fault. For instance, if the pedestrian was jaywalking or crossing against a traffic signal, it could influence the outcome of any legal proceedings.
Driver Conduct: Were there any impairments or distractions affecting the driver, such as alcohol, drugs, or mobile phone usage? Was speed a contributing factor? The driver’s behavior leading up to the accident is scrutinized to ascertain if any negligence was involved. A driver found to be under the influence or distracted can face severe legal consequences, both criminally and civilly.

Environmental and Infrastructure Factors: Were there adequate street lights? Was the crosswalk clearly marked and visible? Sometimes, external factors, such as poor lighting or lack of proper signage, can contribute to accidents. In such cases, city or state agencies might be brought into the legal fold, especially if it’s determined that a lack of proper infrastructure played a role in the accident.
Witness Accounts: The presence of witnesses, as highlighted in the reports, offers a more transparent account of the events leading up to the accident. Their testimonies can be instrumental in court, potentially influencing the outcome of both criminal and civil litigation. Witness accounts can corroborate or challenge the statements provided by the driver and any other involved parties.
Vehicle Condition: Was the vehicle involved in proper working condition? Were there any mechanical failures, such as brake malfunctions, that could have contributed to the accident? Sometimes, the state of the vehicle can play a role in pedestrian accidents.

The driver’s decision to remain at the scene is not only commendable but also legally prudent. Fleeing the scene of an accident, particularly one involving a fatality, can lead to severe legal repercussions, including felony charges. In contrast, their cooperation can be seen in a favorable light, especially if they were not at fault.

While the immediate aftermath of fatal accidents is undeniably tragic, the legal ramifications can be extensive and complex. It’s essential for both the victim’s family and the driver to seek legal counsel to navigate the intricacies of personal injury law. Such incidents are a stark reminder of the fragility of life and the importance of road safety. Our hearts go out to the family of the deceased during this challenging time. At the Scranton Law Firm, we have dedicated over 50 years to assisting families navigate the complexities of personal injury law. If you or a loved one find yourselves in a similar situation, trust in our expertise. Contact the Scranton Law Firm today for professional legal guidance.

Frequently Asked Questions

Q: What steps should I take if I witness a pedestrian accident?
A: Ensure safety, call 911, and provide a statement to the authorities.

Q: How is liability determined in pedestrian accidents?
A: Through evidence, witness statements, and sometimes traffic camera footage. Both driver and pedestrian actions are evaluated. Talking to an experienced pedestrian accident attorney can help when determining liability.

Q: Can the victim’s family pursue legal action?
A: Yes, they can file a wrongful death lawsuit, seeking compensation for their loss. A Sacramento pedestrian accident attorney can help you understand the statutes of limitations on wrongful death cases

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The post Tragic Pedestrian Accident in Sacramento Leaves One Dead first appeared on Scranton Law Firm.

source https://scrantonlawfirm.com/tragic-pedestrian-accident-in-sacramento-leaves-one-dead/

Monday 28 August 2023

2 Year Old Killed In Fatal Parking Lot Accident

Fatal Pedestrian Accident, Fremont, Ca

Fremont, CA – In a devastating incident that has left the community in shock, 2-year-old Leonid Grigorev was fatally struck by an SUV in a Fremont, California parking lot. As a Fremont personal injury attorney with years of experience, it’s crucial to dissect this tragic event from a legal standpoint. This article aims to provide valuable insights that could help prevent future tragedies and guide families who find themselves in similar devastating situations.

On August 24, 2023, at approximately 6 p.m., Leonid Grigorev was in a business center parking lot on Mowry Avenue when he was struck by an SUV. The driver remained at the scene and is cooperating with the police investigation. However, many questions remain unanswered, including the speed of the SUV and whether it was moving forward or reversing at the time of the accident.

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Duty of Care

In legal parlance, “duty of care” refers to the moral and legal obligation to ensure the well-being of others. In the context of driving, this duty is heightened in areas like parking lots, where pedestrians, and particularly children, are often present. Did the driver in question exercise this duty of care? That’s a question that a Fremont car accident attorney would seek to answer.

Negligence and Liability

Initial reports suggest that neither speed nor impairment were contributing factors. However, this does not automatically absolve the driver of liability. A comprehensive investigation is essential to rule out other forms of negligence, such as distracted driving or vehicle malfunction. These are critical points that any skilled Fremont personal injury lawyer would investigate.

Wrongful Death Claim

The family of Leonid Grigorev may be considering a wrongful death claim, a legal action that can provide compensation for a range of losses, including emotional and financial. While no amount of money can bring back their child, a successful claim can offer some form of relief during this difficult time.

Parking Lot Accidents: A Closer Look

Common Causes

Parking lot accidents are more common than most people think. They often occur due to:

Distracted Driving: Activities like texting or changing the radio station can be fatal.
Poor Visibility: Many parking lots are not well-lit, making it difficult to see pedestrians.
Reckless Behavior: Ignoring stop signs or speeding can lead to accidents.

Legal Remedies

Victims have several legal avenues available:

Personal Injury Claims: For those who survive with injuries.
Wrongful Death Claims: For families who have lost a loved one.
Property Damage Claims: For damage to personal property.

Preventive Measures

Prevention is always better than cure. Simple steps can make a difference:

Increased Awareness: Both drivers and pedestrians must be alert.
Proper Signage: Clear and visible signs can guide behavior.
Speed Limits: Adhering to speed limits can prevent many accidents.

The Role of Legal Representation

Legal guidance is invaluable in the aftermath of such a tragic event. A qualified Fremont personal injury attorney can navigate the complexities of the law to ensure that justice is served and appropriate compensation is secured.

Frequently Asked Questions

What is a Wrongful Death Claim?

A wrongful death claim is a legal action that can be filed by the family of someone who has died due to the negligence or misconduct of another. In the case of Leonid Grigorev, if it’s determined that the driver was negligent, the family may have grounds to file such a claim.

How Long Do Families Have to File a Wrongful Death Claim?

The statute of limitations varies by state. In California, the general rule is that a wrongful death claim must be filed within two years of the date of the person’s death. Consulting a Fremont wrongful death attorney as soon as possible is crucial.

What Types of Compensation Can Be Recovered?

Compensation in wrongful death cases can cover medical and funeral expenses, loss of income, loss of companionship, and emotional suffering. Each case is unique, so the amount of compensation will vary.

Are Parking Lot Accidents Common?

Yes, parking lot accidents are more common than most people realize. According to the National Safety Council, at least one in five accidents occur in parking lots, resulting in significant injuries and fatalities each year.

What Should Witnesses Do?

If you witnessed the accident, it’s crucial to come forward. Your testimony could be vital in establishing the facts of the case. The Fremont Police Department is urging witnesses to provide any information they may have.

Can Property Owners Be Held Liable?

In some cases, yes. If the parking lot was poorly lit or had inadequate signage, the property owner might also be held partially responsible for the accident. A Fremont personal injury lawyer can help determine this.

How Can Such Accidents Be Prevented?

Preventive measures include better lighting in parking lots, clear signage, and public awareness campaigns. Drivers should always be extra cautious in parking lots, and pedestrians should be aware of their surroundings.

What Should You Do If Involved in a Similar Accident?

First, seek medical attention immediately. Then, consult a Fremont car accident attorney to understand your legal rights and options. Gathering evidence and acting quickly can be crucial for your case.

The tragic loss of 2-year-old Leonid Grigorev in a Fremont parking lot serves as a sobering reminder of the dangers that can lurk in even the most mundane places. If you or a loved one has been affected by a similar tragedy, you don’t have to navigate this challenging time alone. The Scranton Law Firm, with over 50 years of experience and more than $1,000,000,000 recovered for our clients, is here to help. Reach out today for a consultation that could significantly impact your future for the better.

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The post 2 Year Old Killed In Fatal Parking Lot Accident first appeared on Scranton Law Firm.

source https://scrantonlawfirm.com/2-year-old-killed-in-fatal-parking-lot-accident/

Tuesday 22 August 2023

Injuries While Driving for Uber or Lyft: Understanding Your Rights

by Christian Scranton

Injuries While Driving for Uber or Lyft: Understanding Your Rights

Rideshare driving, as a fresh frontier in transportation, has brought about a myriad of changes and challenges for drivers across the world. Among these challenges are the legal nuances that come into play when a driver gets injured during a ride. Can you imagine being in such a situation, unclear of your rights or the next steps? Let’s demystify this for you.

Legal Protections for Rideshare Drivers

Being a rideshare driver is not just about ferrying passengers from Point A to Point B. It’s about understanding the landscape you’re operating within, especially the legal one. The intriguing part? It’s not as straightforward as traditional driving jobs.

Employment Status: Drivers as Contractors

So, why does employment status matter? Well, it’s the cornerstone of your rights as a driver. Most rideshare companies, like Uber and Lyft, tend to classify their drivers as independent contractors rather than employees. At a first glance, this might seem like a mere label, but it bears significant weight when it comes to issues of liability and compensation.

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Being an independent contractor often implies more flexibility in choosing work hours. You’re your own boss in many ways. However, the flip side is that it also means less direct oversight and fewer inherent protections in case of mishaps. Without the umbrella of ’employee’ status, you might find yourself facing challenges when seeking compensation for injuries sustained while working.

The Insurance Quandary

Have you ever pondered what happens insurance-wise when you’re behind the wheel for Uber or Lyft? It’s not just your personal car insurance at play. Both Uber and Lyft offer insurance for their drivers, but there’s a catch. Their insurance coverage isn’t constant—it depends on what you’re doing at the time of any incident.

For instance, if you’re waiting for a ride request when an accident happens, only limited liability coverage might be available. If you’re en-route to pick up a passenger or have one in your vehicle, a more comprehensive coverage kicks in. It’s imperative to be aware of these nuances so that you’re not caught off guard.

What to Do if Injured While Driving for Uber or Lyft

Accidents, as unfortunate as they are, do happen. The silver lining? Being prepared and knowledgeable can make the aftermath less chaotic and more manageable.

Steps Immediately After the Incident

If you find yourself in an accident while driving for a rideshare service, remember the golden rule: safety first. Before diving into the blame game or panicking about potential implications, ensure all involved parties are safe. Call the police if required and seek medical attention if there are any injuries, even if they seem minor.

Reporting to the Rideshare Company

This step is non-negotiable. Whether it’s a fender bender or a more serious collision, always report incidents to the platform you’re associated with. Not only does this keep you in compliance with their guidelines, but these companies may also have specific protocols or support mechanisms to assist you post-incident.

Potential Cases and Claims

Should you find yourself injured, remember: all is not lost. Depending on the circumstances, there could be avenues for legal recourse.

Personal Injury Claim

This route involves seeking compensation for any injuries sustained. It can encompass medical bills, therapy costs, lost wages due to downtime, and even damages for pain and suffering.

Claims Against Third Parties

If another party is at fault, like another driver, there’s potential to file a claim against their insurance. This is where things can get legally intricate, emphasizing the importance of professional legal counsel.

Important Considerations in Rideshare Injuries

Rideshare accidents can be complex, with various factors influencing the outcome.

Time Limits for Filing

Every state has what’s termed a ‘statute of limitations.’ Think of this as a countdown timer; it’s a window within which you need to stake your claim. Once it expires, your ability to seek compensation might diminish.

Compensation Variables

How much can one expect in compensation? Several factors play a part, from the severity of the injury to the clarity of who’s at fault. Insurance limits, both yours and those of the other parties involved, can also influence the compensation amount.

Seeking Professional Assistance

Navigating the maze of rideshare injuries isn’t for the faint-hearted. Sometimes, the waters are just too murky.

Benefits of Legal Counsel

Having an attorney by your side can be a game-changer. They can assist in understanding your rights, gathering necessary evidence, and ensuring you get the compensation you rightfully deserve.

When to Contact a Lawyer

The golden rule? Sooner rather than later. Especially if the injuries are severe or there’s contention about who’s at fault. An experienced rideshare accident lawyer can help guide you through what can be some very murky waters!

Conclusion

While ridesharing offers a flexible way to earn, it doesn’t come without challenges. Being aware of your rights and the complexities involved ensures you’re not left in the lurch if the unexpected happens. Be informed, be prepared, and always prioritize safety.

FAQs

Do Uber and Lyft provide insurance for their drivers?

Yes, both platforms offer insurance, but the coverage details can vary based on specific situations.

What differentiates an employee from an independent contractor concerning legal protections?

Typically, employees have more robust legal protections and benefits, while independent contractors might get flexibility but fewer inherent legal safeguards.

Can I take legal action against another driver if they’re at fault?

Absolutely. If another party was responsible for the incident, you could potentially file a claim against their insurance or them directly.

How quickly should I notify Uber or Lyft after an accident?

It’s prudent to report any incidents immediately, preferably within 24 hours.

Is legal consultation necessary even for minor injuries?

Yes. Consulting with an attorney ensures you’re aware of your rights and any potential compensation avenues, irrespective of the injury’s severity.accidents

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The post Injuries While Driving for Uber or Lyft: Understanding Your Rights first appeared on Scranton Law Firm.

source https://scrantonlawfirm.com/injuries-while-driving-for-uber-or-lyft-understanding-your-rights/

Thursday 31 August 2023