In wrongful death suits, there is a statute of limitations that governs how long after the death a claim can be pursued. If the statute of limitations has run out on your particular claim, there are still ways you can pursue justice for the loss of your loved one. To extend the time frame of the claim, you may either request that the court waive the limit, or request that the opposing part waive the limit, or use circumstances to toll the statute.
A man was tragically killed in a collision with a motorcycle on June 26 while walking outside by his home near San Bernardino. The man had reportedly left the house to take a walk just moments before being struck and killed by the motorcyclist, only about 25 feet from the home.
Summer is upon us and it is the time of year that many people are choosing to spend their free time and weekends heading down to a nearby beach, lake or river. For many residents of California's Imperial, Riverside and San Bernardino counties, the Colorado River is the destination of choice for getting out on the water and relaxing with loved ones. Tragically, every year there are individuals who will never return from that day on the river. Increased river traffic means a seasonal rise in boating and other water-related fatalities.
There is no greater fear for parents of young children than their children dying. When that happens, if there is fault, parents may file a lawsuit alleging what is legally known as wrongful death. This was done recently by the parents of two boys who drowned in waters overseen by the Port of Los Angeles.
Individuals and families in California and across the rest of the country sometimes suffer the cruelest of fates, namely, the wrongful death of a loved one.
College sports fans in California may be interested in a case filed against the NCAA, the manufacturer of a helmet and three sports officials at Frostburg State University, including the head coach, the trainer and the running back coach. The wrongful death lawsuit was filed in 2013 by the parents of a Division III player at the university who died during practice in 2011.
On Feb. 2, a California family filed a wrongful death lawsuit claiming that a long-term gas leak from a nearby plant caused an elderly family member's medical problems to become more severe, ultimately leading to her death. Thousands of residents who were living near the Aliso Canyon plant in Porter Ranch have been relocated temporarily due to symptoms suffered as a result of the gas leak.
Many Californians have vehicles with keyless ignition systems. This feature comes on many newer vehicles and is one that most people like. The issue with these systems is they do not have an automatic shut-off safety feature after drivers park their vehicles and exit with the fob without turning off the ignition. This lack of an automatic shut-off feature has led to multiple deaths from carbon monoxide poisoning.
If a family files a wrongful death claim related to an incident involving a decedent who was covered by Medicare, there could be situations in which damages that are awarded might be subject to liens placed by Medicare. Because this is not always the case, California individuals may need clarification before filing a claim. The type of claim filed and state standards serve as guidelines related to proceeds being attached by Medicare.
Two separate lawsuits have been filed against Caitlyn Jenner, the former Olympian Bruce Jenner. The legal actions concern a deadly accident on the Pacific Coast Highway in California near Malibu. The stepdaughters of the deceased female victim of the accident have prepared a wrongful death lawsuit and cited Jenner as the defendant. Another woman, who survived the wreck, has also named Jenner in a personal injury lawsuit.