The Williamson Law Firm has represented hundreds of individuals and families who have lost loved ones as a result of the negligence, carelessness, or recklessness of others. The loss of life not only causes emotional trauma but often financial hardship as a result of the deceased’s medical bills combined with the loss of a loved one’s income. The stress placed upon families is immeasurable. Sadly, we often take our mental well-being for granted when we experience the devastating loss of a loved one.
At the Williamson Law Firm, we understand that when a death of a loved one occurs, lives are forever changed. Simple pleasures become chores. Daily routines are disrupted. Economic losses are often devastating. It does not matter whether the death was caused by an automobile accident, defective product, or other negligent, careless, or reckless conduct. Our attorneys provide effective, aggressive investigation and representation, thereby allowing our clients to recover monetarily for all the losses they’ve suffered.
In California, you must prove another party’s careless or reckless actions to win a wrongful death claim. Parents, spouses, brothers and sisters and children may have wrongful death claims for the loss of a loved one. These individuals (plaintiffs) can file one of several types of personal injury suits (torts) against the responsible parties (defendants). Some of the key principles of personal injury are as follows:
Negligence is the failure to use reasonable care. Negligence is present when an individual’s careless act or failure to act has caused injury. While the act may be unintentional, the defendant may still be liable for damages. There is often liability insurance for acts of negligence, provided by the auto insurance, the homeowner’s insurance, or another general liability insurance policy.
Intentional or reckless misconduct is the malicious or intentional infliction of harm that results in an injury or death. If the misconduct results in death, the family of the victim may recover punitive damages (damages meant to punish) under some circumstances.
Comparative negligence may arise when the actions of the deceased person have contributed to his or her own harm. If the decedent is comparatively negligent, that will reduce the amount of the award to his or her family members. The negligence is divided between the decedent and the defendant and the damages are reduced accordingly.
Damages are awarded to victims who have suffered personal injuries or wrongful death as a result of the misconduct of another individual or business. In California, damages are awarded for special damages, including medical bills and lost earnings, for scarring and disability, for loss of enjoyment of life, for loss of consortium, and for pain and suffering. Punitive damages may be awarded in some wrongful death cases.
Personal injury and wrongful death cases are technical and can be complex. We have over 38 years of experience before administrative boards, trial courts and appellate courts, and have prevailed on claims for the most serious personal injuries.
Personal injury and wrongful death cases are always emotional. While you are upset or grieving, you should not make any major decisions that will limit any future recoveries without consulting an attorney. You should not enter into any settlement, sign any release or accept any money in exchange for releasing an individual, corporation, or insurance company from liability without first knowing what insurance coverage or other redress is available to you and your family.
The Williamson Law Firm can help you decide your best course of action and can develop the best legal strategy to prove your claim.
We handle a wide variety of personal injury and wrongful death cases, including those involving:
- Motor Vehicle Accidents;
- Medical Malpractice (including malpractice by doctors, nurses, and other health professionals);
- Premises Liability (including a slip and fall accident and the failure to warn of a danger on the premises);
- Product Liability (including defects in the manufacture or design of a product and the failure to warn of a product danger);
- Bicycle Accidents; and
- Construction Site Accidents;
Physical and emotional injuries in these cases may come in all varieties. The following are some examples of the types of injuries that may be the subject of a personal injury claim.
- Traumatic Brain Injuries, Closed Head Injury, and other Injuries resulting in Severe and/or Permanent Brain Damage;
- Joint, Spinal Cord, Neck, and Back Injuries;
- Fractures and Dislocations;
- Birth Defects and Birth-Related Injuries;
- Amputations, Burns, and Scars;
- Seizure Disorders, Cancer, and other Serious or Terminal Medical Conditions;
- Emotional Trauma, Mental Anguish, Anxiety, Depression, and other Psychological or Emotional Conditions;
- Loss of Consortium (a spouse’s or child’s loss of the companionship, help, and affection of a person who has died); and
- Other Severe, Permanent, and Crippling Injuries, as well as injuries of lesser severity.