No to metes a la sala de justicia solo. Confienos.
Protegaremos sus derechos.
Hold on to your hats ladies and gentlemen. Keep your medical care providers on hold. The following entries are all true verified stories that can cause and may not be limited to; shortness of breathe, light-headedness, and spontaneous bursts of laughter.
1. A 27-year-old Michigan man was involved in a minor rear-end collision. Four years later, he sued the man who rear-ended him, claiming the accident caused a change in his sexuality. He no longer desired his wife and was unable to perform sexually. He claimed that the accident actually changed his entire personality, causing him to leave his wife, move in with his parents, and begin hanging out in gay bars. The worst part of this case? He actually won it! He was awarded $200,000 and his wife was awarded $25,000.
2. A woman hit a man on a snowmobile as he crossed a street. The man died at the scene. The police decided that because the man had cut in front of her without warning, she was free of blame. However, she turned around and sued the man’s widow, claiming that she suffered crippling psychological and emotional pain from watching the man die. As if the widow didn’t have enough to deal with, already trying to cope the untimely death of her husband…
3. A surfer recently sued another surfer after he had supposedly “stolen his wave.” The case was immediately dismissed because no price can be placed on the “pain and suffering” one endures when he watches another surfer ride a wave that was “intended” for him… Maybe I’ve got this a little own something before you attempt a lawsuit over it’s “violation.”
4. While attempting to moon someone out of his 4th story dorm room, an Idaho student lost his balance and fell, injuring himself. He sued the university for “not warning him of the dangers of living on the fourth floor.” Who would have imagined that gravity had such an impact.
5. In Naples, Italy, a young man and his girlfriend were engaging in “amorous activity” in the back of his little car when it was rear-ended by a large car. According to the man, the impact from the collision caused them to momentarily lose control, resulting in pregnancy. The couple sought compensation not only for car repairs, but also for the cost of the wedding that the couple decided to have after discovering his girlfriend was pregnant.
6. A man attempts to kill himself by jumping in front of a subway in New York City. His plan fails, however, and he lives through the incident. When he recovers, he sues the city of New York for $650,000. Why? Because the train hit him.
7. A German bank robber was arrested recently after a teller realized the robber was hard of hearing and tripped an alarm. According to the Chicago Sun-Times, the robber is now suing the bank for exploiting his disability.
8. Robert Lee Brock sued himself for $5 million. He claimed that he had violated his own civil rights and religious beliefs by allowing himself to get drunk and commit crimes which landed him in the Indian Creek Correctional Center in Virginia, serving a 23 year sentence for grand larceny and breaking and entering. What could he possibly have to gain by suing himself? Since being in prison prevented him from having an income, he expected the state to pay. This case was thrown out.
9. Richard Overton sued Anheuser-Busch for false and misleading advertising under Michigan State law. The complaint specifically referenced ads involving, among other things, fantasies of beautiful women in tropical settings that came to life for two men driving a Bud Light truck. In addition to two claims of false advertising, Mr. Overton included a third claim in his complaint in which he claimed to have suffered emotional distress, mental injury, and financial loss in excess of $10,0000 due to the misleading Bud Light ads. The court dismissed all claims.
10. Now here we have it the grand winner of them all. A North Carolina man purchased 24 rare and expensive cigars. Because of their value, he decided to insure them…against fire. The man smoked all of his cigars in less than a month and had yet to make a single payment on his fire insurance. He filed a claim against the insurance company, stating that he had lost his cigars in a “series of small fires.” The insurance company obviously refused to pay, believing that he had simply used the cigars as intended. The man won his case against the insurance company because they failed to specify the type of fire the cigars were insured against. Because they failed to define an “unacceptable fire,” the insurance company accepted the ruling against them and paid the man $15,000 for the cigars he had lost in the “fire.” However, the best part of this story is yet to come. Shortly after the man cashed the check, the insurance company countered and had him arrested on 24 counts of arson. The man was sentenced to 24 consecutive 1-year prison sentences.
When someone dies due to the fault of another person or entity (a car manufacturer for instance), the survivors may be able to bring a wrongful death lawsuit. Such a lawsuit seeks compensation for the survivors’ loss, such as lost wages from the deceased, lost companionship, and funeral expenses. Here’s a primer on wrongful death claims — what they are, who can sue, who can be sued, and what damages may be recovered.
What is a Wrongful Death Claim?
A wrongful death claim exists when a person dies due to the legal fault of another person. The right to file a lawsuit for wrongful death is a relatively new concept. “common law” (the laws brought to the United States from England) did not allow this kind of lawsuit. But during the last century, state and federal courts created the right to bring a wrongful death action. Every state in this country now has some kind of wrongful death law.
Wrongful death claims involve all types of fatal accidents from simple car accidents to complicated medical malpractice or product liability cases. Persons, companies, and governmental agencies can be legally at fault for acting negligently (failing to act as a reasonable person would have acted) and for acting intentionally.
Who May Sue for Wrongful Death?
A wrongful death claim must be filed by a representative on behalf of the survivors who suffer damage from the decedent’s death (they are called the “real parties in interest”). The representative is usually the executor of the decedent’s estate. The “real parties in interest” vary from state to state. Some of those people might include:
Immediate family members. In all states, immediate family members like spouses and children (including adopted children) and parents of unmarried children can recover under wrongful death actions.
Life partners, financial dependents, and putative spouses. In some states, a domestic or life partner, anyone who was financially dependent on the decedent, and a “putative spouse” (a person who had a good faith belief that he or she was married to the victim) have a right of recovery.
Distant family members. Some states allow more distant family members, such as brothers, sisters, and grandparents, to bring wrongful death lawsuits. For example, a grandparent who is raising a child may be able to bring an action.
All persons who suffer financially. Some states allow all persons who suffer financially from the death to bring a wrongful death action for lost care or support, even if they are not related by blood or marriage to the victim.
Parents of a deceased fetus. In some states, the death of a fetus can be the basis for a wrongful death suit. In several other states, parents cannot bring a wrongful death action to recover for financial and emotional losses resulting from the death of a fetus. In those states, the parents can bring a wrongful death action only if the child was born alive and then died. Check your state law and consult with an experienced wrongful death attorney to find out if such an action is allowed in your state.
Who May Be Sued for a Wrongful Death?
Wrongful death lawsuits can be brought against a wide variety of persons, companies, government agencies, and employees. For example, in a car accident involving a faulty roadway and a drunk driver, a wrongful death action might include defendants such as:
•the driver or employer at fault in the automobile accident
•the designer or builder of the faulty roadway
•a government agent who failed to provide adequate warnings regarding a road hazard that caused the accident
•the manufacturer, distributor, or installer of a faulty or dangerous part of the vehicle
•the persons who sold, served, or gave alcohol to the impaired driver, or
•the owner of the premises where the alcohol was served.
Immunity for Government Agencies and Employees
In some cases, certain persons or agencies may be immune from a wrongful death lawsuit. That means they cannot be sued for wrongful death. Who might be entitled to immunity again varies from state to state. For example, in some situations, government agencies and employees might be immune from a wrongful death lawsuit, or even family members in certain circumstances.
Recent federal laws provide immunity from wrongful death claims to defendants in railroad collisions and certain product liability cases including medical devices. Such immunity might also extend to drug manufacturers — this will be decided by the U.S. Supreme Court in 2009.
The damages available in wrongful death lawsuits vary a great deal from state to state. Many states “cap” or limit the amount and type of damages, especially in medical malpractice claims.
Types of Damages
In general, there are three types of damages that may be available to the survivors in a wrongful death lawsuit: (1) economic, (2) non-economic, and (3) punitive.
Economic damages. These include the value of the financial contributions the victim would have made to the survivors if he or she didn’t die, and include the following:
•medical and funeral expenses connected to the death
•loss of the victim’s expected earnings
•loss of benefits, such as pension plans or medical coverage
•loss of an inheritance caused by the untimely death, and
•the value of the goods and services that a victim would have provided.
Non-economic damages. Although less tangible, non-economic damages often have more value than economic damages. Examples include:
•damages for the survivors’ mental anguish or pain and suffering
•loss of the care, protection, guidance, advice, training, and nurturing from the deceased
•loss of love, society, and companionship from the deceased, and
•loss of consortium from a deceased spouse.
punitive damages. Punitive damages are awarded to punish the defendant for especially bad conduct. In many states these damages are not available in wrongful death lawsuits or not recoverable against certain defendants including most governmental agencies. However, treble damages (which are in an amount equal to three times the actual damages) may often be recovered against nursing homes for elder abuse and death.
Interest and attorneys’ fees. In some states, the survivors can recover interest on the damages from the time they were incurred up to the time they are collected. And in some cases the survivors can get reimbursed from the defendant for attorneys’ fees and costs incurred in the bringing the lawsuit.
Calculating Damages
Calculating damages can be extremely complicated, and the parties often use expert witnesses, such as economists and actuaries, to give their opinions on the proper amount of damages. These calculations include not only income and benefits earned outside the home, but also the monetary value of services and care provided inside the home by a homemaker parent (such as child care, cooking, laundry, house cleaning and maintenance, shopping, education, medical care, and transportation).
Time Limits for Filing a Wrongful Death Claim
Every state sets certain time limits, called the “statute of limitations,” on bringing wrongful death lawsuits. The general rule is that a lawsuit must be filed within two years of the date of the misconduct that caused the death of the victim.
In certain cases, however, the statute of limitations may be as short as one year. Special rules apply to minors (minors usually have two years from the date they reach their majority to file a lawsuit) and persons with a mental disability and in cases involving fraud or intentional acts.
In many states, the statute of limitations does not begin ticking until the harm is discovered (sometimes called the “date of discovery”). For example, if a doctor’s failure to diagnose cancer is not discovered for years after the error (because the cancer lays dormant), the statute of limitations may not start until the patient learns of the cancer.
Some states put an upper limit on the date of discovery in certain types of cases, such as construction, product liability, medical malpractice, and legal malpractice claims. For example, a state may say that a survivor may bring a lawsuit within two years from the date of discovery of harm, but not more than five years from the actual infliction of the harm.
Who is responsible for an injury resulting from a slip and fall accident? Many thousands of people are injured each year — some very seriously — when they slip or trip and fall on a dangerous floor, a flight of stairs, or a rough patch of ground. Sometimes the property owner is responsible for the accident, and sometimes he or she is not.
If you have been injured in this way, first consider that it is a normal part of living for things to fall on or to drip onto a floor or the ground, and for smooth surfaces to become uneven. Also, some things put in the ground — drainage grates, for example — serve a useful purpose there. So a property owner (or occupier) cannot always be held responsible for immediately picking up or cleaning every slippery substance on a floor. Nor is a property owner always responsible for someone slipping or tripping on something that an ordinary person should expect to find there or should see and avoid. We all have an obligation to watch where we’re going.
However, property owners do need to be careful in keeping up their property. While there is no precise way to determine when someone else is legally responsible for something on which you slip or trip, cases turn on whether the property owner acted carefully so that slipping or tripping was not likely to happen — and whether you were careless in not seeing or avoiding the thing you fell on. Here are some general rules to help you decide whether someone else was at fault for your slip or trip and fall injury.
Determining Liability
To be legally responsible for the injuries you suffered from slipping or tripping and falling on someone else’s property, one of the following must be true:
•The owner of the premises or an employee must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item to be underfoot.
•The owner of the premises or an employee must have known of the dangerous surface but done nothing about it.
•The owner of the premises or an employee should have known of the dangerous surface because a “reasonable” person taking care of the property would have discovered and removed or repaired it.
The third situation is the most common, but is also less clear-cut than the first two because of those pesky words “should have known.” Liability in these cases is often decided by common sense. Judges and juries determine whether the owner or occupier of property was careful by deciding if the steps the owner or occupier took to keep the property safe were reasonable.
What Is “Reasonable”?
In determining a property owner’s “reasonableness,” the law concentrates on whether the owner makes regular and thorough efforts to keep the property safe and clean. Here are some initial questions you can ask to determine whether a property or business owner may be liable for your slip or trip and fall injuries:
•If you tripped over a torn, broken, or bulging area of carpet, floor, or ground, or slipped on a wet or loose area, had the dangerous spot been there long enough that the owner should have known about it?
•Does the property owner have a regular procedure for examining and cleaning or repairing the premises? If so, what proof does the owner have of this regular maintenance?
•If you tripped over or slipped on an object someone had placed or left on or in the floor or ground, was there a legitimate reason for the object to be there?
•If there once had been a good reason for the object to be there but that reason no longer exists, could the object have been removed or covered or otherwise made safe?
•Was there a safer place the object could have been located, or could it have been placed in a safer manner, without much greater inconvenience or expense to the property owner or operator?
•Could a simple barrier have been created or a warning been given to prevent people from slipping or tripping?
•Did poor or broken lighting contribute to the accident?
If the answers to one or more of these questions come out in your favor, you may have a good claim for compensation. However, you must still think about whether your own carelessness contributed in any significant way to your accident.
Your Own Carelessness
In almost every slip or trip and fall case, you must decide whether your carelessness contributed to the accident. The rules of “comparative negligence” help measure your own reasonableness in going where you did, in the way you did, just before the accident happened. There are some questions you should ask yourself about your own conduct — an insurance adjuster will almost certainly ask them after you file your claim.
•Did you have a legitimate reason — a reason the owner should have anticipated — for being where the dangerous area was?
•Would a careful person have noticed the dangerous spot and avoided it, or walked carefully enough not to slip or trip?
•Were there any warnings that the spot might be dangerous?
•Were you doing anything that distracted you from paying attention to where you were going, or were you running, jumping, or fooling around in a way that made falling more likely?
You don’t have to “prove” to an insurance adjuster that you were careful, but think about what you were doing and describe it clearly so that an insurance adjuster will understand that you were not careless.
A dog bite, the name sounds so simple that it could probably be overlooked as the very serious issue that it presents. Of course, this also can and may be subject to some interpretation depending on which side of the “coin toss” you land on. But a dog bite can cause more than just physical harm to both the victim and dog owner. Dog bite laws vary in each state, county and city. Most officials take into account the dog’s previous behavior and situation during which the bite occurred. Some states do protect dog owners, especially if this is the first time the dog has bitten someone and the owner has followed all laws regarding leash and animal containment.
Quarantine:
You may be required to quarantine your dog after he has bitten someone. Sometimes the quarantine can take place in the owner’s home or the dog may be taken to a shelter or humane society for a few days while the bite is investigated. If the dog is quarantined at a location other than your home you will have to pay for all shelter costs before you can take the dog home.
Vicious Attacks:
Local officials may require your dog be killed, especially if the bite is part of a vicious attack against the victim. A dog being destroyed only happens when officials believe the dog has a vicious nature and has the potential to attack and bite again. Some local laws may allow you to keep your dog as long as you install escape-proof and childproof fencing in your yard.
Insurance Claim:
The victim of a dog bite can file a claim against your home owner’s insurance. He can file to have all of his medical bills related to the dog bite paid for by your insurance company. Be prepared to answer questions from your insurance company about what happened, what happened to your dog and the date of the dog bite.
Civil Suit:
In some states the victim can file a civil suit against a dog’s owner for both physical and mental harm resulting from a dog bite. You may be required to pay the victim, especially if your dog is prone to violent behavior or you violated local laws about restraining dogs. However, if the plaintiff is found at fault, meaning he was trespassing or provoked the dog, the case may be dismissed by the judge.
This is certainly one of those cases that makes you raise an eyebrow. A Canadian man has been arrested for drunk driving so many times the courts didn’t just suspend his license: They banned him from driving for life.
According to an article in the Canadian Press, Nova Scotia resident Terry Naugle has racked up a total of 68 convictions in the past 32 years. Of these, 22 were DUI related and 14 charges were for driving on a revoked license.
So far he has served 22 years in prison for all his separate convictions, with no sentence lasting more than three years. His driving privileges have also been revoked many times, but he continues to ignore these sentences. Thus, it’s unclear if the lifetime driving ban will have much impact.
Naulge never stayed in jail too long because he never seriously injured or killed someone while drinking and driving. His latest arrest occurred in March 2009 when he hit a parked vehicle on an off ramp. The McMillan family had pulled over their car because they ran out of gas.
Mr. McMillan walked to the gas station leaving behind his wife and teenage daughter. Naugle drove his car onto the off ramp and side swiped their vehicle, and then proceeded to leave the scene. David McMillan was walking back when he saw Naugle hit the car. He jumped into the driver’s seat and the family followed Naugle into a gas station.
They claimed that Naugle reeked of alcohol while staggering and slurring his words. He then fled again, but was later arrested by RCPM officers who were at the gas station. Naugle pleaded guilty to driving with a restricted license, refusing to take a breathalyzer, and fleeing the scene of the accident. He was sentenced to eight and half years for driving under the influence.
Most sentences for DUI charges in Nova Scotia are short term, but when viewed in light of his prior convictions the judge thought a longer sentence was necessary. Judge Frank Hoskins, who oversaw the court case, said “Mr. Naugle’s record for impaired driving is one of the worst I’ve ever seen.”
Julia McMillan and MADD (Mothers against Drunk Driving) hoped that the judge was going to classify Naugle as a dangerous offender with his long history of DUI convictions. Instead, he received only the longer sentence and lifetime ban.
El Law Office of Jim A. Trevino esta aqui para defender sus derechos en tiempos dificiles.
Si requieres experiencia legal en las areas de Banca Rota, Derecho Penal, Migracion, Lessiones Personales y Descapacidad/seguro social. Con un compromiso a sus clientes y fuertes creencias eticos, tu puedes confiar en nuestro abilidad de proteger sus derechos.
Casi 10 años de experiencia con una multitud de areas legales, El Law Office of Jim A. Trevino ha desarrollado muchos relaciones y esta considerado mui bien conectado con el central valley reino legal.
esforzandose como un equipo, te puedes asegurar que tus intereses sean protegidos y seras representado dentro y fuera de la sala de justicia.
Areas de ley en California
- Banca Rota
- Banca Rota Capitulo 7
- Banca Rota Capitulo 13
- Juicio Hipotecario
- Derecho Penal
- Delitos Menores
- Casos 3-Strike
- Conducir Ebrio
- Migracion
- Ley Lessiones Personales
- Accidentes de Auto/Coches
- Resbalones y Caidas
- Mordeduras de Perro
- Muerte Injusta
- Seguro Social/Descapacidad
- Infraciones Traficales
The Law Office of Jim A Trevino is here to stand up for your needs in difficult times.
Whether you require an attorney in the areas of Bankruptcy, Criminal Defense, Immigration, Personal Injury and Social Security Disability. With a true commitment to our clients and strong ethical beliefs, you can rely on our firm to protect your rights.
Nearly 10 years of experience with a multitude of areas of law, The Law Office of Jim A. Trevino has developed many relationships and is considered very well connected within the central valley legal realm.
Working together as a team, you can be assured that your best interests will be protected and you will be well represented both in, and out, of the courtroom. …
Areas of Law for Natomas California
- Bankruptcy Law
- Chapter 7 Bankruptcy
- Chapter 13 Bankruptcy
- Foreclosure
- Criminal Law
- Misdemeanors
- 3-Strike Cases
- DUI, Multiple DUI’s
- Immigration Law
- Personal Injury Law
- Car/Auto Accidents
- Slip & Falls
- Dog Bites
- Wrongful Death
- Social Security Disability
- Traffic Infraction Law
Do not walk into court alone. Place your trust in us.
We will protect your rights.
The Law Office of Jim A Trevino is here to stand up for your needs in difficult times.
Whether you require an attorney in the areas of Bankruptcy, Criminal Defense, Immigration, Personal Injury and Social Security Disability. With a true commitment to our clients and strong ethical beliefs, you can rely on our firm to protect your rights.
Nearly 10 years of experience with a multitude of areas of law, The Law Office of Jim A. Trevino has developed many relationships and is considered very well connected within the central valley legal realm.
Working together as a team, you can be assured that your best interests will be protected and you will be well represented both in, and out, of the courtroom. …
Areas of Law for North Highlands California
- Bankruptcy Law
- Chapter 7 Bankruptcy
- Chapter 13 Bankruptcy
- Foreclosure
- Criminal Law
- Misdemeanors
- 3-Strike Cases
- DUI, Multiple DUI’s
- Immigration Law
- Personal Injury Law
- Car/Auto Accidents
- Slip & Falls
- Dog Bites
- Wrongful Death
- Social Security Disability
- Traffic Infraction Law
Do not walk into court alone. Place your trust in us.
We will protect your rights.
The Law Office of Jim A Trevino is here to stand up for your needs in difficult times.
Whether you require an attorney in the areas of Bankruptcy, Criminal Defense, Immigration, Personal Injury and Social Security Disability. With a true commitment to our clients and strong ethical beliefs, you can rely on our firm to protect your rights.
Nearly 10 years of experience with a multitude of areas of law, The Law Office of Jim A. Trevino has developed many relationships and is considered very well connected within the central valley legal realm.
Working together as a team, you can be assured that your best interests will be protected and you will be well represented both in, and out, of the courtroom. …
Areas of Law for Gold River California
- Bankruptcy Law
- Chapter 7 Bankruptcy
- Chapter 13 Bankruptcy
- Foreclosure
- Criminal Law
- Misdemeanors
- 3-Strike Cases
- DUI, Multiple DUI’s
- Immigration Law
- Personal Injury Law
- Car/Auto Accidents
- Slip & Falls
- Dog Bites
- Wrongful Death
- Social Security Disability
- Traffic Infraction Law
Do not walk into court alone. Place your trust in us.
We will protect your rights.
The Law Office of Jim A Trevino is here to stand up for your needs in difficult times.
Whether you require an attorney in the areas of Bankruptcy, Criminal Defense, Immigration, Personal Injury and Social Security Disability. With a true commitment to our clients and strong ethical beliefs, you can rely on our firm to protect your rights.
Nearly 10 years of experience with a multitude of areas of law, The Law Office of Jim A. Trevino has developed many relationships and is considered very well connected within the central valley legal realm.
Working together as a team, you can be assured that your best interests will be protected and you will be well represented both in, and out, of the courtroom. …
Areas of Law for Folsom California
- Bankruptcy Law
- Chapter 7 Bankruptcy
- Chapter 13 Bankruptcy
- Foreclosure
- Criminal Law
- Misdemeanors
- 3-Strike Cases
- DUI, Multiple DUI’s
- Immigration Law
- Personal Injury Law
- Car/Auto Accidents
- Slip & Falls
- Dog Bites
- Wrongful Death
- Social Security Disability
- Traffic Infraction Law
Do not walk into court alone. Place your trust in us.
We will protect your rights.