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If you have lost a loved on because of the negligence of someone else you may be wondering what compensation you are due, and what you can recover.  We have helped many people with the same questions and have helped them recover the money they need to get there lives back on track after the loss of a loved one. If after reading this blog you have questions give us a call at 559-441-1418, and we can set up a cas evaluation to help you.  

So if you have lost a loved one due to another persons negligence, you may be able to file a claim for compensation.  There are four types of compensation that surviving members often recieve at the conclusion of wrongful death claims.  

 

WHAT ARE THE FOUR TYPES OF COMPENSATION YOU CAN RECOVER IN A WRONGFUL DEATH CLAIM?

1. MEDICAL BILLS Whether you or a loved one suffered a preventable injury or developed a prentable ilness, he or she may have required extensive medical treatment.  Unfortunately, medical bills arent dischargeable when loved ones pass away.  and tha tmeans you may be facing huge healthcare costs that you cannot afford without filing a compensation claim. 

2. LOST WAGES If you or a loved one wa a primary income earner for your household his or her death may have devestating effects on your familys finances.  It can be difficult to afford day-to day-  lving expenses whithout his or her income, but a wrongful death claim can help you recoup some or all of that money. 

3. FUNERAL COSTS- Funerals are more expensive than ever, and trying to afford one when youre already facing so many expenses can be overwhelming.  Wrongful death claims help provide relief for families who are worried that they might not be able to give their loeved ones the funerals they deserve. 

4. LOSS OF CONSORTIUM Above all else, losing a loved one means losing a person you deeply cared about and who provided many types of support to you and the rest of your family.  Wrongful death claims also take that loss into consideration when settlement claims are calculated.  

If you have more questions give our office a call we can get you through this having helped many people before and getting them through what is almost always a difficult process. 

If you or a loved one has been injured in a car accdient you will need experienced representation to make sure you recived that you get the compensation you need due to someoene elses negligence.  

You will have many questions and I will explain a little about the statute of limitations below so that you can prepare yourself. Nothing in this article is meant to be legal advice as to your specific questions get legal advice as soon as possible. 

 

HOW LONG DO I HAVE TO FILE A CLAIM FOR PERSONAL INJURY AFTER AN ACCIDENT?

In a car accident personal injury lawsuits you have two years in which to bring your lawsuit.  after which your claim will be barred from being brough to court.  The statute of limitations for property damage resulting from a car accident is three years from the date of the accident.  If you were involved in a car accident with a governmental agency. 

HOW LONG IS THE STATUTE OF LIMITATIONS FOR GOVERNMENTAL ENTITY, LOCAL OR FEDERAL,? THE STATUTE OF LIMITATIONS IS SIX MONTHS

From when the motor vehicle accident occurred, if the governmental entitly denies the claim, which is often the case, you will have six months from the date of denial to file the lawsuit for personal injury claim against the governmental agency responsible example of governmental entitly defendants ae city police departments, state highway patrols, munipal trash trucks, public houses, common carriers and other motor vehicles owned by a governmetal entity or opeated by a governmental employee who may have casused you injury in car crash.  

If a family member was killed in car accident then you may have the right to pursue wrongful death claim agains the representative party.  A representative of the survivors who suffer damages resulting from the victim's death can file a wrongful death suit agains the responsible party.  The same statute of limitations also applies to wrongful death suits caused by an automobile accident.   Some governmental entities are immune from wrongful death suits, so it is important to have a car accident attorney experienced in wrongful death claims to handle your case.  

Just because you can file a lawsuit immediately following your auto accident does not mean that you should.  Recovery from serious inuries can take a long time and further treatment may be required if treatment is not successful.  Consequently, you and your treating medial providers should hava firm treatment plan in place before setting youre claim.  An experienced motor vehicle accident lawyer can work with medical providers to ascertain the amount of care in the future in order to quantify your damages claim.  Too often do victims of car accidents require further treatment, but settled their claim in haste.  resulting in out of pocket expenses that can quickly add up.  

On the flip side waiting until the waiting until the last possible moment to file a lawsuit meetng all of the proper legal requirements and the statute of limitations may expire. And your claims become worthless at that time.   At that time you will be responsible for your future and past loss out of pocket with no reimbursements from anyone.  Whereas if you filed your suit on time than the wrongful driver will be responsible for your costs both present damages and future damages.  

If you or somoene you love was injured in a car accdident fell free to contact Gerald Schwab at 559441-1418 we can set up a free case evaluation and discuss your legal options and ability to protect you and your family.  We have helped many hundreds of people before and we can help you get through this.  

 

 

Unfortunately for many people vehicular manslaughter lawsuits come about fromt the increase in deaths of bicyclist.  Many times DUI related fatalities involve people walking and bicycling when they are injured.  

There are strict laws that will punish the drunk driver or the negligent driver in the criminal courts and many people believe that is the only recourse available to them is through the criminal courts; however, this is not accurate.

WHAT ARE THE STATISTICS FOR PEDESTRIANS AND BICYLIST BEING KILLED BY NEGLIGENT OR DRUNK DRIVERS?

According to the National Highway Traffic Safety Administration 3602 people were killed in California Motor vehicle collissions in 2017.  The majority of the fatal collissions nvolve more than one vehicle and other vehicle occupants and the most likely victims of the collisions, followed by pedestrians, motorcylist, and bicyclist.   Thrity one percent of those involved at least one driver with a blood alcohol lever of 20 or above, more than twice the legal limit. 

California Vehilce Code 23152 makes it unlawful for persons who is under the influence of alcoholic beverage or drug to drive a vehicle while intoxicated which is presumed at a blood alcohol level of 0.08 percent or greater by weight.  Commercial drivers, and drivers carrying passengers in exchange for compensation (taxis, Uber, Lyft, etc.) are presumed to be intoxicated if they have  blood alcohol level of .04 percernt or greater.  

ACCIDENTAL DEATHS CAUSED BY MOTORY VEHICLES AND VEHICULAR MANSLAGTHER

California Penal Code section 192 (c)  defines vehicular manslaughter as unlawful killing of a human being driving a vehicle in the commission of an unlawful act or a lawful ac t which might produce death in an unlawful manner.  

 

The sentencing for this crime would also, depend on wether the crime was committed as a felony or a misdemeanor.  Cases where the driver was intoxicated command more severe punishments depending on whether there was gross or ordinary negligence. 

the consequences can be evern more serious if the person acted with wanton disregard for the safety of others.  

If you have been injured by such a person than you should call us right away even though the person may be punished through the criminal legal system you still may be entitled to compensation for

lost wages

medical bills 

future damages

and other forseable damages  

There could be statutute of limitations issues so if you feel that you have been harmed by the negligence of another driver or is someoen has lost there life a a result of criminal negligence you may still be able to file a lawsuit agains them for there negligent behavior and recieve compensation for your injuries.  

Give our office a call at 559-441-1418, and we can help you get the compensation that you deserve having filed cases like this in the past and having recovered we know the ins and outs of the system and can help you. 

 

If you or a loved one has suffered a traumatic brain injury you should consult an Attorney as soon as possible to discuss your possibility of a lawsuit is someone has been negligent and at fault for your injuries.  

 

EXAMPLES OF TRAUMATIC BRAIN INJURY

Some people have come into our office and stated they woke up in an ambulance a little fuzzy and unaware of exactly how they got there.  They are taken to the emergency room and treated.  The emergency room had given the recovering person a concussion recovery handbook.   The individual doubted there were any long term affects of the concussion.  However, they discover later that their focus has been affected.  

CONCUSSSIONS

Mild traumatic brain injuries are under diagnosed.  They hide in the margin.  The patient will "deny loss of consciousness" in the same ambulance report that notes his repetitive questioning.  

DIAGNOSIS AND TREATMENT OF TRAUAMATIC BRAIN INJURY

A mild traumatic brain injury can seem mild to the treating nuerologist.  However, it can be anything but mild to the person being affected.  

Cloudy thinking

headaches

difficulty reading

some executive functioning deficits

These can be difficult and make life very problematic.

RECOVERY

The recovery from traumatic brain injury could take a long time. The majority of people that suffer mild brain injuries do recover however there coud be long term problems and this makes the amount of money you recover problematic because you may not know how much you need to fully recover.  

And if you suffer even a small brain injury the chances of having a much worse brain injury down the line is incrased.  For example you suffered a mild brain injury and you again suffer a mild brain injury the damage the second time could be much worse.  

If you are an injured person you should consult both legal and medical help to get all the compensation you may need for your brain health and to make sure that you do not have recurring problems.  Or at the very least you are properly compensated for the care of the current injuries.  You may need to speak with a neurosyphologist and a vocational rehabilitation expert to illustrate the individuals income or lost income potential, lost earning capacity, and so forth.

So if you have any questions give us a call at 559441-1418. 

 

 

 

 

If you have been injured on someones property you many entitled to compensation for your injuries.  Gerald Schwab is  a Premises Liability Attorney in Fresno and he may be able to help you give him a call. 559441-1418.

The area of law referred to as premises liability includes common cases such as 

slip and fall

falling objects 

animal attacks 

and more

If you are the owner of property and welcome another person onto your property for any reason you can be held liable for injury if something were to happen to them.  

This is most often associated with things like falls in the grocery store and or tripping on the steps of the office.  But can also be applied to things like the office, and private residences.  

If you believe you have been injured in an accident on somoenes property and you belive negligence was at fault contact our offfice today.  

We can help you get through this and recover the damages you need to make you whole.  There are several ways a slip and fall or premises liability case can occur. 

slip and fall of water leak

explosion on property that causes injury

animal attack that could have been prevented

inadequeate security based on the circumstances

dangerous swimming pools or other water features. 

because there are so many diffferent cases that could involve liability it is a good idea to contact our office as soon as possible if you believe that you have been injure as a result of somoene elses negligence on someones property. 

Give us a call at 559441-1418.

Finding the best fit for your personal injury case can be a difficult process.  If you or a loved on has been injured in an accident give us a call and we can help you get the compenstation you need. 

Suffering a seious personal injury or car accident is a life changing experience characterized by fear and uncertainty.  This is especially true if the injury is severe.  and its occurance was out of nowhere.  If this has happened to you it may be in your best interest to hire a fresno personal injury attorney to help you, and advocate for your full and fair financial compensation. 

 

In order to recover the compensation you that you need to pay for your medical bills, compensate for your lost wages, and recompensate you for your noneconomic damages like pain and suffering you should consider hiring a fresno personal injury lawyer. 

consider results experience and client testimonials not just who does the most advertising.  

RESULTS

Ask the Attorney for some of his past results before you hire the Attorney to work on your case. 

CLIENT TESTIMONIALS

Make sure that the Attorney has had plenty of clients from the past that can tell you about his results. 

EXPERIENCE

If you have been in a car accident than you need an experienced car accident attorney the same for any type of injury. 

watch out for firms that have fake review or online spam marketing if these firms are doing this type of thing than they may be involved in other unsaviory activities. 

 

If you have any further questions give us a call at 559-441-1418.

Schwab photo

Gerald Schwab, Jr.

PERSONAL INJURY ATTORNEY SERVING ALL OF CALIFORNIA

Law Office of Gerald Schwab, Jr.
Fresno Personal Injury Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: (559) 295-0391
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