Recently in Wrongful Death Category

Orange County, California is known for being a very active and lively section of the Golden State. Many people will enjoy surfing on its coast, hiking on its mountains, or bike racing on its many trails. Unfortunately, with any risky activities there comes the chance for injury. In some instances, negligence can contribute to an injury and, in extreme scenarios it may be possible that the negligence can contribute to a severe injury.

Unfortunately, a catastrophic injury could lead to the inability to remain employed which could put an extreme burden on those that have been harmed as a result of the negligence. Also, such serious injuries could cause a heavy financial burden when dealing with the large medical expenses.  For example, a traumatic brain injury could require 24 hour care for the afflicted. The costs of such care can be enormous. Clearly, if someone else caused the injury, that person should pay for such resultant costs associated with their negligence.  

Some may be under the assumption that litigating a catastrophic injury case is cut and dry. This is not always the case because all active sporting ventures come with a certain assumption of risk. That means the person taking part in the activity needs to be aware that a risk of injury is always present. However, the assumption must be based on a reasonable amount of risk. Injuries based on negligence may fall outside this initial assumption of risk. The crux of the case will be proving that the negligence was the mitigating factor that caused the injury.

Selecting an attorney that has successfully litigated such cases to overcome an 'assumption of risk' defense is important. By working with an attorney that has solid experience with these cases, you can receive the compensation you deserve.  Contact Cohn & Swartzon, P.C. at 888-444-1955 to discuss your case and help you with injuries and medical bills.

The passing of a friend or loved one is devastating.   There is much pain and loss associated with an untimely demise.  Such anxiety and pain can be further compounded when the death is the result of negligence of someone else.  These unfortunate circumstances are generally called wrongful death claims.  Those living in Orange County that have experienced such a scenario should definitely look towards making a claim or filing civil litigation as a means of seeking redress for the wrongful death.

Some may be a bit unnerved at the notion of filing a wrongful death suit or making a claim for the death of a loved one.  The reason the concept makes them uncomfortable is the fact that they may have difficulty putting a price on the death of a loved one.  Obviously, no amount of money will compensate for the untimely loss of a loved one.  So why bother making a claim?  Wrongful death claims or lawsuits can help many people in many ways.  Such a claim or suit is not based on seeking to place a dollar figure on anyone's life.  Rather, there are a variety of reasons behind filing a wrongful death suit and they include:

To punish and deter conduct:  In some instances, when someone's action (or inaction) causes the death of another, and such action rises above mere negligence, a claimant would seek punitive punishment for the party responsible for the loved one's death.  Filing a wrongful death lawsuit would act as a potential deterrent to others that may be behaving in a manner similar to the responsible party. This could potentially prevent the unfortunate death of others and leave a lasting legacy for your loved one.

Costs:  The costs of all medical fees that precipitated the wrongful death could be recouped.  In some instances, these costs could be quite enormous.  The costs associated with the burial can also be recovered.

Lost Income:  The death of a loved one could lead to significant loss of income to a family. A wrongful death suit or claim could provide the compensation the family would require in order to maintain its financial stability.

There are many different factors that need to be considered when determining whether to bring a wrongful death claim. These factors need to be balanced with the requisite delicacy with which these claims must be handled.  After the loss of a loved one, it is best to contact an attorney to determine if filing a wrongful death claim is the right thing to do.  The lawyers at Cohn & Swartzon, P.C. understand how difficult it is to make this decision but can assist you in deciding what to do after such a tragic loss.