When someone you love dies due to another’s negligence, you deserve justice and compensation for what you’ve lost and your loved one has suffered. Strong records are needed to establish what happened, why it happened, and what it cost your family, and a wrongful death attorney in Victorville, CA will be able to help you gather and use exactly what is needed.
Important Records for a Wrongful Death Lawsuit
The key records you’ll need in a wrongful death case are:
- All medical records (to prove causation)
- Autopsy report (to prove manner and cause of death)
- Death certificate (to further prove manner and cause of death)
- Police and incident reports (to show negligence)
Medical Records
You will want to collect every medical record connected to your loved one’s care, both before and after the incident that led to their death. There are several things these records will show. First, of course, they’ll demonstrate the exact injuries and how those injuries progressed to a fatal outcome. They’ll also show the timeline of the incident and the moment that harm began, which you’ll need to tie the death to the defendant’s actions rather than some pre-existing condition.
Insurers and defense lawyers will likely try to shift blame to other, pre-existing health issues if they can. Having detailed treatment records will help your lawyer shut that down and show the direct link between the negligence and the death.
Autopsy Report
If an autopsy was performed, that report will be one of the most powerful pieces of evidence you can have. In an autopsy, a forensic pathologist documents the precise cause of death, any contributing factors, and the manner of death.
Death Certificate
The death certificate lists the official cause and manner of death, as well. Courts treat this as prima facie evidence, meaning it automatically carries weight unless it’s contradicted by stronger proof.
Police or Incident Reports
Police reports, accident reconstruction summaries, or official incident logs from the scene of the accident or incident that harmed your loved one will be an independent, contemporaneous account of what occurred. If the incident happened on public property or involved a government entity, additional investigation files may exist, but you’ll need to talk to a lawyer to get access to these records quickly before they are purged.
How Your Victorville, CA Wrongful Death Attorney Will Use Your Records
Your attorney will use the records, piece by piece, building on one another, to construct the strongest possible narrative to show exactly what happened. When the pieces fit together without contradiction, the case becomes much harder for the defense to dismantle. Your attorney can also subpoena additional records that you cannot access on your own, such as internal company safety logs or surveillance footage held by third parties.
Whether you have already begun collecting documents or feel unsure about what to do next, we can help. Contact us today at the Law Offices of Vondra & Hanna in Victorville, CA and let us help you take the next steps.
Here in California, we rank very high for pedestrian accidents in comparison with other states. These accidents are unique largely because of the threat they pose to pedestrians in comparison to ordinary car crashes. Talk to a Victorville, CA pedestrian accident lawyer right away if you have been involved in a pedestrian crash so you can protect your rights and get the full compensation you need to recover from a serious accident.
How Pedestrian Accidents Differ From Other Victorville, CA Crashes
Injury Severity
Not only are pedestrian victims more likely to have to go to the hospital after an accident, but a recent study of 5,000 pedestrian victims found that, when they are discharged, only 16% can function at the same capacity they enjoyed before the accident. 78% of them have a temporary disability, and 4% will go on to have a permanent disability.
Alcohol Really Matters: But Not Like You Think
In pedestrian accidents, it’s overwhelmingly the pedestrians who have been drinking rather than drivers. In 24% of pedestrian accidents, only the pedestrian had been drinking. In 10%, the driver alone was drinking. In 6%, both had been drinking.
Of course, it is illegal to drink and drive, while it’s perfectly fine to drink and go for a walk. But what these findings do flag up is the reality that, while many pedestrians would assume that they are safe walking out on the streets, even if they’ve been drinking, they aren’t.
Drivers Have a Greater Duty of Care to Pedestrians
California law imposes a higher and more explicit duty on drivers toward pedestrians precisely because of the vulnerability of pedestrians in these accidents. Drivers must yield the right-of-way to pedestrians crossing in any marked crosswalk or unmarked crosswalk at an intersection and do whatever they can to avoid harming a pedestrian in the crosswalk, even if the pedestrian is violating right-of-way.
California’s Comparative Negligence Rules Favor Pedestrians
Some states bar an injured person from collecting any compensation if they are more than 50% or 51% at fault. But here in California, we have a pure comparative negligence standard that allows anyone to recover, even if they are 99% at fault. However, everyone’s damages are reduced by the same percentage as their fault.
Say a pedestrian jumps out suddenly in front of a vehicle, in the middle of the street, and the driver is unable to stop in time, not only because of the sudden obstacle, but also because they were speeding. In this case, the pedestrian might bear 70% of the fault and the driver only 30%, but the pedestrian is likely to have much greater losses.
If the pedestrian has medical bills totaling $100,000, and the driver has a $1,500 car repair bill, in the end the pedestrian could recover $30,000 and the driver just $1,050. This system allows for a fairer distribution of the burden of the accident based on each party’s level of responsibility.
Talk to a Victorville, CA Pedestrian Accident Lawyer Today
Recovery is hard enough: you may not have the strength or expertise needed to deal with the paperwork, deadlines, and negotiations involved in bringing a claim. Call the Law Offices of Vondra & Hanna in Victorville today, where we relentlessly pursue justice on behalf of our clients.
“Pain and suffering” is a commonly used term for what’s known in the law as “non-economic damages.” Calculating your non-economic damages can be tricky, but they are a key part of your personal injury case. Talk to a Victorville, CA personal injury attorney with lots of experience to make sure that your damages are properly calculated and you get everything that you are owed.
How Pain and Suffering Is Calculated in Victorville, CA Personal Injury Cases
There are two common methods for calculating pain and suffering, though the first method is more common than the second:
- The multiplier method
- The per diem method
The Multiplier Method
With the multiplier method, you first total all your economic damages, such as your medical bills and property damage, and then multiply that number by a number between one and five. The worse the injuries, the higher the multiplier number should be. For minor injuries that healed quickly and without complications, you would only use one or possibly two. For catastrophic injuries resulting in paralysis, brain damage, and other life-altering consequences, you would use five. Everything else comes somewhere in between, and you will want the help of an experienced lawyer to know what you should be asking for.
Calculating Carefully
With the multiplier method, it’s essential that your economic damages be properly totaled. If your economic damages don’t include everything, this will affect how much you get in non-economic damages.
Medical Bills
You should be calculating all your medical expenses, not only from the immediate treatment you received after the incident but also from all follow-up surgeries, physical therapy, and other care. If your injuries are particularly catastrophic, you may also have to figure for future care.
Lost Income
Here you would need to calculate not just the actual hourly wage losses you sustained but also things like compensation for lost vacation time you may have had to take, becoming ineligible for a bonus you were working towards, or even future lost wages if your injuries will keep you from working.
The Per Diem Method
With this method, you assign a dollar value to each day you were affected by your injuries. This is not the most common method, but there are times when it’s particularly appropriate. For example, if your case goes to trial and you are in front of a jury, it can be difficult for the jury to truly grasp the suffering that you endured.
If the jury sees a really high number calculated through the multiplier method, they may have a gut feeling that somehow it is unfair. It may be much easier for them to grasp a smaller number multiplied over many days. For example, your lawyer may suggest $200 a day for 300 days of recovery, so the final number would be $60,000 in non-economic damages.
Talk to a Personal Injury Attorney
An experienced attorney can help you properly calculate all your losses. Visit the Law Offices of Vondra & Hanna today in Victorville, CA for help with your case.
In California, a property owner or occupier (such as a manager or tenant) can be held liable for a slip and fall under certain conditions. Under California law, property owners must use “ordinary care” in managing their property to avoid creating an unreasonable risk of harm to others. It’s not always easy to prove that an owner or operator didn’t exercise ordinary care, and different rules apply when the property is state-owned, so it’s always a good idea to talk with a Victorville, CA premises liability lawyer quickly to assess your case.
Key Conditions for Liability
A property owner is generally liable if they were negligent. To prove negligence, you have to show they had a duty of care to maintain the parking lot in a safe condition for visitors, that a hazardous condition existed that rendered the parking lot unsafe, that the owner either knew of this unsafe condition or should have known of it, and that, but for the inaction of the owner or occupier, the fall would not have happened. It’s important to realize that just because you have fallen in a parking lot does not automatically make the owner liable. You must prove negligence to win the case.
When an Owner Isn’t Liable & Common Defenses
You can expect a property owner to argue they are not liable in most of these cases, and there are some defenses they are likely to use. One of the most common is “Open and Obvious Hazard.” The argument here is that the danger was clearly visible and easily avoidable. If an owner had marked off a danger, such as a pothole, with bright markings or with cones, for example, then you probably don’t have a case.Another common defense is comparative negligence, where the parking lot owner argues that the injured person was at least partly at fault. If you were distracted by your phone or not watching where you were going, this may make you partially liable. Under California law, you can still bring a claim, but your damages will be reduced by the same percentage as your liability.
Who Can Be Held Liable?
Most commonly, the property owner is liable. This is usually the landlord who is responsible for common areas, such as parking lots. However, in some situations, a property manager or the owner of a business controls and maintains the lot, even if they are not technically the owner of the property.
Tenants can sometimes be responsible, and in two ways. If their lease specifies that the parking lot is their maintenance requirement, then they are liable for hazards within it. But even if they’re not, if they created the hazard, they may still be liable. A government entity can also be liable if the property is state-owned, but with state-owned parking lots, you have to act quickly, and there are limits to what you can recover.
Talk to a Victorville, CA Premises Liability Lawyer Now
The more quickly you act, the easier it is to gather evidence and build a strong claim. Contact us today at the Law Offices of Vondra & Hanna in Victorville for a free consultation.
After a motorcycle accident, there are some important bits of evidence you want to document, if you are able to do so. You’ll give this documentation to your Victorville, CA motorcycle accident lawyer. If you are injured badly and unable to gather evidence at the scene, call an attorney as quickly as you can so your attorney can begin an investigation and gather evidence on your behalf.
What Should You Document After a Victorville, CA Motorcycle Collision?
At the Scene
Again, it’s important that you only gather evidence at the scene if you are physically well enough to do so. Call 911 to report the accident. That way, there’s an official record, medical help comes quickly, and law enforcement can create a report. This report will have a lot of important facts about the accident and the people involved that will be useful in your case.
While you wait for law enforcement to show up, take photos of the accident scene. Get multiple shots from different angles, both wide-angle and close-up, showing the position of the vehicles and the damage done to them. Take pictures of any skid marks, road signs, road debris, and anything else that contributed to the accident, such as a pothole.
This is also a good time to note down, perhaps in a voice memo on your phone, your memory of what happened and also the weather conditions. Make sure you mention what time of day it is and what the lighting was like, too. Finally, get the contact information of every driver involved, as well as their driver’s license numbers and insurance details. If there are any witnesses, ask for their names and contacts.
After the Incident
You should seek medical help after an accident even if you believe you have only minor injuries. The adrenaline from the accident itself may be keeping you from feeling the pain of your injuries, and there are some medical issues that don’t show symptoms until later on, such as internal bleeding. Be sure to tell the hospital or urgent care center exactly what happened and keep every record you have: reports, x-rays, MRI results, diagnoses, treatment plans, and records of all prescriptions. Keep every bill and receipt.
Take photos of your injuries, if that’s feasible, and continue to take photos as you heal. While doing that, keep up a personal journal where you note down how much pain you’re in from day to day and explain how your injuries are affecting your life and mobility. This will be important in your non-economic damages claim, which is your claim for pain and suffering or mental anguish.
Get Help From Your Motorcycle Accident Lawyer
An experienced lawyer will be able to go through the documentation you have and immediately spot gaps, help you gather other info you might need, and put it all together to build a strong case. Your lawyer will also handle communication with the insurance company and get access to evidence you may not be able to get on your own, such as surveillance camera footage.
If you’ve been in a motorcycle accident, call us now at the Law Offices of Vondra & Hanna, where we serve clients across Old Town Victorville and the High Desert areas.
If you’ve been in a car accident here in Victorville, CA and the other driver is at fault but does not have insurance, it’s natural to wonder how you’re going to pay the bills. There are a few options, and a car accident attorney can help you explore all of them as well as see whether a lawsuit brought directly against the at-fault driver is a good idea in your case.
Paying the Bills When the Other Driver Doesn’t Have Enough Insurance
California has a lot of uninsured drivers and drivers without enough insurance, and that’s why most people have Uninsured Motorist Coverage or Underinsured Motorist Coverage (UM/UIM) on their own insurance policies. This coverage will kick in if the other driver has no insurance, if the insurance isn’t enough to cover all your losses, or if you’re the victim of a hit-and-run.Is common to be reluctant to report an accident to your own insurer and claim from your UM/UIM policy out of fear that your insurance rates will go up. Rest assured that in most cases California law forbids insurers to raise your rates if you were not at fault for an accident.
Being involved in a car accident can be a daunting experience, leaving you with physical injuries, emotional stress, and financial burdens. If you’re in Victorville, CA, having a skilled car accident lawyer by your side can significantly affect the outcome of your case. Here’s a comprehensive guide to help you choose the best car accident lawyer for your needs.
Understanding the Importance of a Car Accident Lawyer
A car accident lawyer specializes in personal injury law, focusing on cases involving motor vehicle accidents. They are adept at navigating the legal landscape to ensure that victims receive the compensation they deserve. Whether it’s negotiating with insurance companies or representing you in court, the right lawyer will advocate for your best interests.
Read the rest of this entry »If you’ve been injured by someone else and their negligence, it’s natural to want to know the value of the personal injury claim you can bring and what factors may affect that value. The best way to know for sure is to talk to a personal injury attorney in Victorville, CA right away about the specifics of your claim.
Which Factors Influence the Value of a Personal Injury Claim?
The Extent of Your Injuries
The most important factor is usually the extent of your injuries, and there are a couple of reasons for this. First, the higher your economic damages, the larger your claim will be. “Economic damages” encompass every loss for which you have a receipt or a bill, and the greater your injuries, the higher your medical bills are likely to be.
There are also non-economic damages, and these are usually calculated with reference to your economic damages. The most common way of doing this is to multiply your economic damages by a number between one and five. The more serious your injuries are and the more time it takes to recover from them, the higher that second number will be.
The Skill of Your Victorville, CA Personal Injury Attorney
Another important factor is the skill of your attorney. A good attorney knows how to put pressure on an insurance company in negotiations to get the highest settlement for a client. A skilled attorney also knows what tricks to look out for to protect you and your settlement, and an attorney with experience will make sure nothing is missed as you calculate your settlement, so you don’t lose out unnecessarily. And of course, if necessary, a good attorney isn’t afraid to take things to court if it comes to that.
The Possibility of Punitive Damages
Punitive damages are very rare, but if they are merited in your case, this can greatly increase the value of your claim. Punitive damages don’t reimburse you for any actual loss. Their intent is to punish the person who harmed you to send a message that deters others from engaging in that kind of conduct. Punitive damages are usually awarded only where a defendant’s conduct has been particularly egregious or where they have intentionally caused harm.
Liability and Comparative Fault
California law allows you to recover compensation even if you are partially at fault for your own injury. Unlike in some states, where you are barred from bringing a claim if you’re 50 or 51% at fault or more, in California you can bring a claim even if you’re 99% at fault. However, your compensation will be reduced by the same percentage as your fault. If you were 60% at fault, then, you could only recover 40% of your damages.
Insurance Policy Limits
If your injuries and losses exceed the amount of insurance coverage the liable party has, it can be very difficult to get everything you’re owed. A lawyer can help you explore all your options here.
To get help with your personal injury claim, contact the Law Offices of Vondra & Hanna in Victorville, CA right away to request a free consultation.
When Should I Seek Legal Help for a Dog Bite Injury?
Dog bites can be traumatizing and cause long-term damage to nerves and muscles. If you’ve been bitten by a dog in Victorville, CA, it’s usually wise to talk to a personal injury lawyer about getting compensation.
When You Suffered Serious Injuries
There’s a big difference between a playful nip and a serious bite. If you just had to put a bit of antibiotic cream and a bandage on yourself and everything healed well and with no scarring in a couple of days, then it’s likely you won’t want to try to bring a legal case against the owner. But if you’ve missed out on work, had serious medical bills, or been permanently disfigured, there’s a good chance you have a case, and you should talk to a lawyer as soon as possible.
The primary goal of a personal injury lawsuit is to compensate you for harm caused by another’s misconduct. However, in some circumstances, the court may also allow punitive damages in addition to compensatory damages. These damages, secured with the legal support of a personal injury attorney in Victorville, CA, are not meant to reimburse you for losses. Instead, they serve a different function: to punish a defendant whose behavior goes far beyond ordinary negligence.
Under California law, you may recover punitive damages by effectively proving by clear and convincing evidence that the defendant acted with bad intentions or without considering the dangerous ramifications of their actions. These terms have specific legal definitions.
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