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When someone is killed by the wrongful actions of someone else it is called "wrongful death" These are among the most tragic of cases.  Many happen as the result of motorcycle accidents car accidents and other cases involving negligence.  If you have a loved one that tragically lost there life as the result of the negligence of someoene els give us a call and we can help you recover the money you deserve. 

We have represented many people under the same circumstances you are facing and understand just how tragic this situation can be.  We can get you through this the reason I do this job is to help people in the some of the worst situations life can throw at them recover.

When someone dies as a result of the negligence of others the law provides that their next of kin and their estate may act as plaintiffs to bring a civil action to recover economic and non economic damages.  This can be true even if the deceased was partially at fault.  (comparative fault).  If the death was a result of a drunk driver than punitive damages may be awarded. 

WHO IS CONSIDERED NEXT OF KIN

The people who are considered next of kin include family members of the deceased such as husband, wife, domestic partner, children, parents, or siblings, in order of priority of claim.  If a parent dies the surviving spouse / partner and children may all be plaintiffs. 

 

WHAT EXPENSES CAN BE RECOVERED?

FUNERAL AND BURIAL EXPENSES

LOSS OF INCOME FROM THE DECEDENT

MEDICAL EXPENSES PRIOR TO DEATH

LOSS OF HOUSEHOLD SUPPORT

LOSS OF CHILD REARING SUPPORT

LOSS OF MEDICAL AND RETIRMENT BENEFITS

NON ECONOMIC DAMAGES SUCH AS LOSS OF SUPPORT, COMPANIONSHIP AND AFFECTION

 

A surviving spouse or partner having lost their lfie comanion also has a seperate right damages for the terrible injury to the relationship. 

This is called loss of consortium. 

you should act promptly if you believe that someone you love has been the victim of a wrongful death claim.  Statute of limitations on accidental death claims can be as little as six months. 

The time you have depends on who caused the accident and other factors. 

Contact us so that we can give you a case evaluation and we do all the work on a contingency fee basis if we take your case.  That means we require no payment until we help you win compensation.  We can help you get through this give us a call 559 441-1418.

Injuries and hospital trips can be trauamatic events.  Here at the law office of Gerald Schwab we can help you with your injuries especially if you have been injured as a result of negligence of an apartment complex.

 

Some apartment complexes neglect the necessary repairs that are needed for there apartments.   This leaves the people that reside in those apartments at an increased risks of Death or Serious bodily injury. So you ask when can an apartment complex be liable for my injuries?

 

The apartment complex owner can be held liable for your injuries if the follwing requirements are met.

1. The party must have owned, occupied, the property on which the injured person was harmed.

2. Whena  landlord that owns an apartment on which a person is injured, or falls they can be held liable.

3. The owner must have been negligent in some manner.  in the use or maintenence of the property. 

4. This is the complicated part of this element of this offense.  and would require analyisis of whether the conditions were known, should have been known, how long how long the danger was apparent and how much it would have cost to repair the the dangerous conditition.

5. The landowners own negligence was a substantial factore in causing the harm. 

Accidents are foten the result of mutiple causes, and sometimes people arent as vigilent as they could be in keepina an eye on there footing.  The owners negligence does not have to be the only cause but only a substantial factor, in causing the accident. 

If a tenant recognizes the danger it is best to notify the management of the complex as soon as possible the apartment management must take steps to stop the danger.

If you have questions please give us a call at 559441-1418.

Many times people call my office regarding there personal injury cases.  Many times they are confused as to exact terms of the process and what exactly those terms mean.

below I will explain some of the terms that are used.

CIVIL ACTION

A legal case brought between private parties, one called a plaintiff and one called a defendant, to determine if someoene was negligent and, if so if they should pay damages and the amount of those damages.

CONTINGENCY FEE ARRANGEMENT

Allow you to hire a lawyer from a law firm without paying up front and making a down payment, and without paying by the hour.  Most lawyers charge $200.00 to $500.00 per hour for there services.  In a personal injury case the lawyer only gets paid if they win the case and the client get compensation.  Usually the attorney gets paid a percentage of the money recieved in the lawsuit.  This is usually through settlement or trial. 

CRIMINAL ACTIONS

Violations of the penal code that result in finding of guilt or innocense leading to incarceration.  In crimnal cases, the government, leading to incarceration.  In criminal cases the government prosecutes the case and a defendant can obtain a lawyer for free, from the state if he or she cant afford one.

WHAT DOES IT MEAN IF MY CASE MUST GO TO ARBITRATION?

Arbitration is basically a mini trial.  The arbitrator is appointed as a termporary judge by the court and hears evidence like a jury would through witnesses and or documents.

The Arbitrator makes rulings of law and fact and after hearing the evidence, issues a ruling of liability.  (fualt) comparitive faul, and the nature and amount of damages if any.

This decision is written into the form of an order.  The parties have 30 days from the date of the order to reject the ruling, if they do not reject the ruling it become a final judgement.  This judgment is enforced by law, is entered into the court record and the case is over with that order controlling the rights and responsibilities of the parties. 

WHAT IS COMPARATIVE FAULT?

Comparatvie fault reduces the claimants damages in an amount proportional to his or her percentage of fault. 

 

There are many other terms and words and actions that will occur in the process of a civil action, please give us a call if you have any questions and we can give you an evealuation of your case and possible actions that you can take. 

We have helped hundreds of injured people throughout the state revieve the compensation they need to put there lives back together after an accident give us a call 559 441 1418.

 

If you have been injured in an accident in Fresno ca.  give us a call. 559441-1418.  We have helped many people with the process of getting adequate compensation for there injuries. 

Many people believe that they can speak with and handle there cases without the help of an experienced Attorney.  Howver, most of the time having an experienced Attorney can help you with obtaining the maximum needed to make you whole from your accident.

If you have been injured in an automobile accident a trip and fall case or any other personal Injury matter give us a call and we will help you get the compensation you deserve.

I will be writing a series of blogs and case reports regarding many of the cases  I and collegeues that I have worked with have settled or won at trial.  These articles are meant to be informative and to show you the kind of cases our office handles.

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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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