Drunk Driving Kills: Wrongful Death Lawsuits in California

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Earlier this month a 23-year-old Californian woman was sentenced to eight years in prison for her role in a drink driving accident that claimed the life of a 26-year-old Los Osos resident, reports The Tribune. The accident occurred in the early hours of December 16, 2015 when the 23-year-old chose to drive with a blood alcohol level of 0.15, entered Highway 101 going in the wrong direction, and crashed head-on into her victim’s car. The drunk driver pled no contest to the crime of gross vehicular manslaughter, but a personal injury lawsuit filed by an injured passenger is still ongoing.

When a drunk driver causes a fatal car accident, the government may choose to charge the driver with a crime (for example, gross vehicular manslaughter and/or driving under the influence). However, anyone who was injured in the crash can file a separate personal injury lawsuit against the drunk driver in order to recover compensation for their losses in civil court. What about drunk driving accidents like the one described above in which a victim passes away? In these situations, family members of the deceased victim can file a special type of personal injury claim called a wrongful death lawsuit.

Wrongful Death Lawsuits in California

In California, only certain family members are eligible to bring a wrongful death lawsuit. Surviving spouses and minor children are almost always eligible, however other family members (such as putative spouses, stepchildren, parents, and other family members) may also qualify if certain conditions are met. California’s wrongful death statute is bit complicated, but an experienced personal injury lawyer will be able to quickly assess your case and determine whether or not you are eligible to file a lawsuit under the statute.

A successful wrongful death lawsuit in California arising out of a drunk driving accident must prove the following four elements:

Negligence: You must show that the defendant was negligent by driving in a reckless or careless manner. Driving drunk generally satisfies this element.
Breach of Duty: Each driver on the road owes other drivers and pedestrians a certain duty of care. You must show that the defendant driver owed this duty to your deceased family member that the defendant breached his or her duty.
Causation: It must be shown that the defendant driver’s breach of duty caused the deceased party’s death.
Damages: Lastly, you must prove that quantifiable damages were suffered (for example, medical expenses, funeral expenses, lost income, etc.).

Need Legal Advice?

If you lost a loved one to a drunk driving accident, we are very sorry for your loss. Here at The Paris Firm, we understand that during this trying time you have many things to attend to in addition to pursuing the compensation to which you are legally entitled. Let us make this difficult time a bit easier by zealously pursuing your wrongful death claim and fighting for what you deserve. Contact an experienced personal injury attorney at The Paris Firm to help you with your case today.

What Can I Do To Help My Lawyer?

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sambernstein

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What Can I Do To Help My Lawyer?

When a new client retains me for a criminal case, he or she often wants to know what can be done to help. Many clients are not content to just sit back and let the lawyer do everything. Clients want to be involved. After all, the case affects the client’s life, and involvement in the case provides some measure of control. So here are a couple steps a client can take while the case is pending resolution to help the lawyer.

Stay Out of Trouble!

This might seem like a no-brainer but it is an important no-brainer. While the case is pending resolution, you may be out on bond. Bond means the judge allows you to stay out of jail. There may be bond conditions, such as alcohol or drug testing. Bond conditions give the judge a lot of power.

Getting in trouble could result in the judge hauling you into court to answer for why you got in trouble.

This puts you in an awkward position and makes your lawyer’s job more difficult.

Let’s say the lawyer was angling for a dismissal with the prosecutor. The lawyer has spent two pre-trial conferences explaining to the prosecutor what a great person you are and how they have never been in trouble. The prosecutor be less willing to give that dismissal if you get in trouble while on bond

Or let’s say you fail an alcohol test while awaiting trial for a drinking and driving charge. The judge is already looking at you as if you have a drinking problem. Now, the judge really thinks you have a drinking problem. In addition, the judge will think you’re disrespecting the court by not taking the judge’s order seriously. This could have a negative consequence on your case.

Keep a low profile. Keep your head down and you will make your life easier.

Make A Record of What Happened

Write down the whole story and keep it to yourself until your lawyer asks for it. There is one major reason for this. By the time the case gets to trial maybe on year after the “incident,” you may very well have forgotten the “what happened.” I see this all the time. Unfortunately, I’ve seen clients completely blank out during trial preparation!

There is a reason police officers write police reports – because there’s no way they can remember everything after time passes, and they use the report to refresh their memory. You can and should too.

Keep the report until you lawyer asks for it. Sometimes, for reasons of strategy, it’s best if the lawyer doesn’t hear everything. Other times, your lawyer will need every single excruciating detail. Let your lawyer make the decision for if your report is needed. Every case is different, and the lawyer will have to analyze your case individually.

Conclusion

These are just two ways you can help your lawyer while your case is ongoing. Speak with your lawyer to see how you can help and stay involved.

Author Biography

Attorney Ann Arbor | Sam Bernstein of ArborYpsi Law is a criminal defense attorney in Washtenaw County, Michigan. Call Sam Bernstein at 734.883.9584 or e-mail at bernstein@arborypsilaw.com. ArborYpsi Law is located at 206 N. Huron St., Ypsilanti, MI 48197.

What are the Main Benefits of Estate Planning?

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Chicago Estate Lawyer

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Estate Planning is important if you want your assets to be distributed according to your wishes after you pass away. It will ensure that the interests of your loved ones are protected when you die. Here are five basic benefits of hiring an experienced attorney in Illinois for estate planning. Here are the main benefits of a properly drafted estate plan:

Maximum Benefits for the Beneficiaries

Effective estate planning can ensure that the beneficiaries get the maximum possible amount from your estate. With an estate plan and particularly a living trust, your assets won’t go through the expensive probate process.
If you don’t have an estate plan, the court will handle everything through a probate process, including the dissolution of the business, distribution of the assets, and the guardianship of the children. The probate fees can exceed $15,000 — a hefty amount that could have been used by your spouse and kids for living expenses. To avoid all this, you should contact an experienced attorney in Illinois for estate planning.

Reduced Taxes

Estate planning also helps in reducing the taxes on assets that are distributed to the heirs. An experienced attorney in Illinois will help you ensure that the taxes are reduced by using estate planning strategies. This includes giving certain assets such as highly appreciated stocks or interests in business entities as a gift to trust or charities. Giving these assets as gifts can help minimize the taxes on estate paid to the IRS.

Protection of Assets

The third important benefit of estate planning is that it ensures protection of the assets. Some domestic estate trusts such as spousal lifetime access trusts not only help in reducing the estate taxes but also protect against divorce decrees and lawsuits. Another advanced estate planning strategy includes adding an extra layer of asset protection by gifting the assets through a limited liability company.

Post-Retirement Benefits

Not many people are aware that estate planning can also provide benefits while they are alive. It can help in reducing the health care costs after retirement. It will also ensure that you leave maximum money for your loved ones after passing away.

Legacy Planning

Estate planning can also help in creating a legacy for your future generations. Several states allow the trusts to continue for centuries. Some even allow creating a perpetuity by establishing a dynasty trust. You can create a legacy not only for your family members but also for the community. The charitable trusts will provide endowments to the destitute population in the community for years to come.

Hiring an Estate Planning Lawyer

You should hire an experienced attorney for estate planning. For professional estate planning in Illinois, you can contact Chicago Estate Lawyer. You don’t have to spend hours researching the best attorney in your area. We can help you quickly connect with an estate planning attorney having decades of professional experience.

DUI In Colton Takes Four Lives Away

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Rob Collier, California Drivers Advocates

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In a recent article by The Press-Enterprise reporting the final outcome of the case of Michael Dwayne Hughes, the 34-year-old man was sentenced to 45 years to life in prison. Hughes was under the influence on the night of Jan. 8, 2013 when he broadsided a PT Cruiser that turned in front of him. As a result of going 63 mph in a 55 and breaking suddenly when the PT Cruiser made an illegal left turn in front of Hughes, the impact caused the PT cruiser to overturn. The collision killed the driver of the PT cruiser, 56-year-old Le Mason and her 12-year-old granddaughter Kylan and Kylan’s best friend Haven. The Press-Enterprise reported that though Hughes was arrested the night of the crash, the case dragged on after the District Attorney’s Office requested that Colton police conduct a deeper investigation into the case. The case dragged on for four and a half years after the crash due to change of attorneys by Hughes but finally came to a close on July 18, 2017.

Despite criminal charges by the County district attorney, Hughes can also face personal injury claims from victims in civil court, and DMV administrative hearings. Hughes will now face 45 years in jail, this is a tremendous time in prison that he will never be able to get back. The lost time with family and friends will alter his life forever and upon release he will likely not resemble the same man who entered law enforcement’s custody. Even after Hughes is released, he could face a tremendous amount of debt from legal fees and restitution that could inhibit his ability to live a normal life.

After traffic accidents involving death, the DMV can suspend or revoke licenses at their administrative hearings specifically known as “fatality hearings”. Regardless of criminal charges, the DMV is obligated to keep drivers safe by removing unsafe drivers from California roadways. Fatality hearings are a branch of negligent operator hearings and license suspension and revocation is the DMV’s primary means to doing so when a driver is classified as a negligent operator. As a suspension a or revocation, as well as ability to earn and survive are at risk for the driver at fault, it is important for drivers who have been in an accident resulting in a fatality to do their research in order to find a qualified team of DMV experts that can expertly represent them in their administrative hearings at the DMV. An expert that will dedicate their time and effort in order to ensure that their client will achieve the best possible outcome in their favor is one that will be needed in such a strenuous case.

California Drivers Associates is a firm that can help defend people at fatality and negligent operator hearings when their license and driving privileges are at risk of suspension or revocation. Rob Collier is the President and CEO of California Drivers Advocates. Mr. Collier is a Distinguished Graduate of the Los Angeles County Sheriff Academy and the Los Angeles County Sheriff’s Special Weapons and Tactics School. As a member of an Orange County DUI task force, Mr. Collier has made more than 1,000 arrests for DUI. He has also written or reviewed more than 4,000 DUI arrest reports. Visit Rob and his team at their website or contact them at 1-888-281-5244 as they will be happy to answer any questions you may have at a no cost obligation.

Firecrackers or Firearms: A San Bernardino Incident Avoided Injury

By

Justin King, Esq.

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In a recent article from The Press-Enterprise, a San Bernardino man was arrested on suspicion of being a felon in possession of a firearm and negligent discharge of a firearm. 35-year-old Shannon Deray Donaldson was arrested October 26^th after being found in heavy brush near 29^th and “D” streets. Police say he was high on drugs with a loaded handgun and PCP in his possession. According to the article, during rush hour traffic that day, police received several 911 calls of a man on a bicycle shooting into the air on the 210 Freeway near Waterman Avenue in San Bernardino. Law enforcement looked around the area for twenty minutes but could not locate the suspect. After a tip from a resident, officers were able to find Donaldson and take him into custody. He’s since been charged, and pleaded not guilty to all charges Monday in San Bernardino County Superior Court, records indicate. However, he was expected to be back in court in November.

Inland Empire residents would expect similar behavior on the 4th of July as San Bernardino County still allows fireworks sales and discharge, but not in their neighborhood and not the discharge of a deadly weapon. Gang violence and careless criminals with weapons are all around us weather we see them or not, and it is unfortunately unavoidable because of the growing population in troubled demographic areas. Most of us want to ensure our and even our kids’ safety and we would like to be able to go outside without having to worry about a tragic accident happening like the one that could have taken place that day, but as we hear accidents like the one in the article happen more often, it seems almost impossible to feel safe. The more we scan and engage in local crime reports, the more we realize that danger is always just within reach.

The potential for serious injury and traumatic auto and car accidents was increased since this dangerous incident took place so close to a heavily traveled freeway. One unfortunate commuter or bystander struck could have easily resulted in a car accident with pile up or even worse an uncalled for death. Major auto accidents resulting in serious injuries can be costly financial but more importantly with regard to the life of the victims. Also potential for fatal injury can occur, and in those situations wrongful death claims can be filed by the family of the victim.

When serious and or traumatic accidents happen and major injuries result, victims in California have rights. In situations like this, even if the perpetrator is in jail and awaiting criminal charges by the County district attorney, a civil personal injury lawsuit can be filed for injuries and damages within the local civil court. It is important for the victims to do their research, and find an attorney that can expertly represent their clients when pursuing damages for injuries and even a wrongful death. An attorney that will dedicate their full time and skill to their clients is one that will be needed to ensure the best outcome for a victim found in a situation that could be deeply damaging to one’s life.

Justin H. King is an experienced personal injury attorney that represents victims in Fontana, CA. His office, The Law Offices of Justin H. King provides representation for victims involved in serious and traumatic accidents pertaining to auto accidents and wrongful death claims. Mr. King vigorously and compassionately represents his injury victims against insurance companies and he has achieved numerous six and seven figure results for his clients. If you are looking for a personal injury attorney in Fontana, you can visit his website, request a consultation at his office located at 3633 Inland Empire Blvd., # 250 Ontario, CA 91764, or call the following number 1 909-297-5001 for a free consultation.

Quick Procedural Look at Same Sex Divorce in California

By

Joel Smith

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With California being such a progressive State, laws and statutes are often changing and this is no different with the way same sex marriages are handled. Years ago when same sex marriage become law, the opportunity for marriage become available to those who it wasn’t previously. With that new opportunity to marry also came the responsibility for the State of California to create a procedure to dissolve those marriages, should couples decide to do so. Law makers were tasked with creating a procedure for the courts to be able to process a divorce for same sex marriages.

Previous to these changes, the court was processing dissolutions of domestic partnerships, but this was also available to do through the State of California in situations where none of the typical family law related issues needed to be handled. Examples would be partnerships without children, assets and or debts. Simply dissolving the partnership could be done with a few forms through Sacramento. On the other end of the spectrum, the court process for these types of dissolutions mirrored the standard California divorce or legal separation process.

It seems the simplest way, and really the way that the process could be implemented without too much complication would be to just allow all divorce petitions to be filed by anyone, regardless of gender. California’s standard divorce petition form FL-100 didn’t ask for gender anyways, so simply using that same form and required attachments allowed for anyone to file and work through the divorce process like business as usual.

The most recent version of California’s divorce petition was updated on July 1^st, 2016 and is the form used by same sex couples who are processing the divorce. Essentially, for a complete overview of the process, just visit the court’s website to see their divorce process information.

While the process is streamlined and mirrors the divorce process, the terms, and the potential for trials and hearings is always present. Just because the divorce or family law proceeding involves two parties of the same sex, doesn’t mean that issues of custody, support and assets or debts are any less complicated. In situations where the parties are not coming to an agreement, or the case may become contested, consulting with a family law attorney may be the best first step. While the process is almost identical, some same sex couples may have adopted children and then attorneys who specifically handle same sex divorce may help. Since same sex marriage is relatively new in California and the state did allow for domestic partnership prior to, so in situations where there was a domestic relationship and then it was either converted to a marriage, or still remains as such, attorneys who are familiar with domestic relationship laws may be of help.

Either way, family law cases can be complex. With the availability of information online, it is easy to do initial research and begin a list of top level topics or questions to ask a local professional. When searching make a list of questions, find some initial information and then a local attorney can help refine the answers of those topics and specifically tell you how they apply to your situation. With something as important as divorce, separation and really any family law case, meeting with several professionals is best. You will begin to see a clearer picture of how the process may have bearing on you. This also makes sure that you find a professional who is familiar with the process. Since you have done your initial research, you will have some idea when meeting with them if they really are as experienced as they say. For more information, here is an overview of same sex divorce.

What Can I Do To Help My Lawyer?

Stay Out of Trouble!

Make A Record of What Happened

Conclusion

Author Biography

Maximum Benefits for the Beneficiaries

Reduced Taxes

Protection of Assets

Post-Retirement Benefits

Legacy Planning

Hiring an Estate Planning Lawyer

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