Do I Need a Wrongful Death Attorney?

Thousand Oaks Wrongful Death Lawyer Flahavan Law Offices

Wrongful Death Attorney in Thousand Oaks | Flahavan Law Offices

When a death occurs at the hands of a negligent person, organization, or entity, that party can be held liable for causing the death. Legal fault must be proven in the court of law for the family of a deceased person to receive any type of compensation. All wrongful death lawsuits must be filed by a victim’s surviving family or a representative of the victim.

The Kelsey Fourdyce Case

In May of 2017, the parents of Kelsey Fourdyce filed a wrongful death lawsuit against 626 Jackson Street LLC in San Francisco Superior Court. Fourdyce was found dead in the Great Star Theater in San Francisco and was the victim of rape. Toxicology reports found a date rape drug in her bloodstream.

Fourdyce was apparently attending an evening event at the Chinatown theater, but was not found until noon the next day. The family is holding the venue responsible for her death and hope to obtain “general damages, special damages, interest, all legal fees and any other relief as the court deems just”.

Who can File a Wrongful Death Lawsuit?

A representative can file a wrongful death lawsuit on the part of a victim. There are several representatives that can file a claim, and they include:

  • Immediate family members, like in the case of Kelsey Fourdyce,
  • Life partners,
  • Financial dependents,
  • Common law spouses, also known as putative spouses,
  • Distant relatives,
  • All person connected to a victim who suffer financially from the death, and
  • Parents of a deceased baby or fetus.

Who can be Sued in a Wrongful Death Lawsuit?

A representative can bring a wrongful death lawsuit against a wide variety of entities. For example, the parents of Kelsey Fourdyce have filed a lawsuit against the company that owns the Great Star Theater. Those who can be sued in a wrongful death lawsuit include:

  • An employer at fault in a vehicle accident,
  • The driver of a company at fault in a vehicle accident,
  • A government employee who didn’t give enough warning in regards to road dangers that led to an accident,
  • A company, employer, or business that provided or installed a dangerous part of the vehicle,
  • An individual which provided alcohol to an already under the influence driver, or
  • The owner of a business or property that served alcohol to someone who was impaired from drinking or drugs.

California Utility Lawsuit

In May of 2017, the families of 18 people who died in Oakland, California filed a lawsuit against Pacific Gas & Electric. The families claimed that the warehouse the individuals were working in had faulty and illegally installed electrical hookups. There had been numerous complaints about the warehouse, but nothing had ever been done about them. Now, the families are seeking to punish PG&E for negligence and the wrongful deaths of their loved ones.

Personal Injury Attorney Thousand Oaks | Flahavan Law Offices

If you or a loved one has experienced the wrongful death of a family member or loved one, contact Flahavan Law Offices. Flahavan Law Offices specializes in personal injury law and can give you advice on the compensation you deserve. Visit our dedicated page on bus accidents or contact us directly. Flahavan Law Offices is here to help with all your personal injury law needs.

Ventura County Drunk Driving Kills Innocent People

DUI Injury Lawyer, DUI personal injury Attorney
DUI Injury Attorney Flahavan Law Offices
photo by Seattle Times

Driving drunk kills people and causes large amounts of financial damage. However, thousands of people all over California continue to get behind the wheel after drinking. Taxi companies and ride-sharing apps now make it easier for individuals to get from bars and restaurants to their homes, yet drunk driving remains a serious problem.

How Big is the Problem?

In 2015, more than 10,200 people died from alcohol-related traffic accidents in the United States. According to the CDC, 1.8% of Californians reported they drive after drinking too much. That number may not sound very high, but compared to the national average of 1.9% that reportedly drive after excessive drinking, it shows that California is near the national average.

It’s not just drunk driving accidents that are occurring on the streets and highways of California. Drivers who are impaired by drugs are also getting behind the wheel and causing accidents. More and more California communities are trying to prevent automobile accidents from happening by setting up checkpoints, but these can only do so much.

Research shows that 30% of California drivers in deadly crashes had one or more drugs in their bloodstream. Studies are now finding that more drivers are impaired by drugs than drinking, and that substance is often marijuana.

Punishment for DWI and DUI

If an automobile accident takes place and there is no physical injury or death that results from it, a first conviction for DWI or DUI can still come with a hefty penalty in order to prevent an individual from re-offending.

  • Fines totaling around $1,800,
  • 48-hours in jail or 90-day license restriction,
  • A four-month suspension by the DMV,
  • Attendance and completion of an alcohol treatment program, and
  • Further restrictions on driving.

Despite the severity of the punishment dished out by the state, there are plenty of people who continue to drink and drive. In June of 2017, a California man was sentenced to four years in prison after he received his tenth drunk driving conviction in four years. Derek Haskayne’s continued drunk driving will now be stopped, but how many more just like him are on California’s roads?

Getting Compensation From a Drunk Driver

If you are injured by a drunk driver, you must prove that the driver was negligent due to his or her intoxication. Showing that the driver was merely intoxicated does not necessarily prove anything. However, proving that the intoxication caused the driver to act negligently or to drive negligently is important to win the case. If a driver is arrested for a DWI or DUI after the auto accident, there should not be much difficulty in gaining compensation for any injury incurred from the accident. In addition, there is a possibility of obtaining punitive damages if the at-fault driver is DUI. Punitive damages are additional awards aimed at deterring the at-fault party from this type of conduct.

Thousand Oaks Drunk Driving Accident Attorneys | Flahavan Law Offices 

If you or a loved one have experienced a drunk driving accident or you have been injured by a drunk driver, contact Flahavan Law Offices. Flahavan Law Offices specializes in personal injury law and can give you advice on the compensation and help you deserve. Visit our dedicated page on drunk driving or contact us directly. Flahavan Law Offices is here to help with all your personal injury law needs.