Wrongful death claims in California can lead to confusion in a number of ways. Most people, when they contemplate filing a lawsuit based on a physical injury, think in terms of injury to themselves; but a wrongful death claim relates to injuries suffered by someone else. Furthermore, it can be challenging to understand how a wrongful death lawsuit can be proven in court when the person directly involved -- the decedent -- is unavailable to testify. Finally, questions can arise as to who is eligible to file a wrongful death lawsuit, especially given the changing nature of family relationships. What happens if the decedent has no immediate surviving family? Can ex-spouses or children born out of wedlock qualify as plaintiffs?
When considering the consequences of a brain injury, specifically money damages arising from a negligence-based lawsuit, it is not hard to imagine the award of a sum of money when the injury to the brain manifests itself physically. For example, if the brain injury results in a disability, such as temporary or permanent blindness, or paralysis, or impaired motor skills, these are injuries that can have a direct impact on one's ability to earn a living. That, in turn, lends itself readily to a calculation of economic damages such as lost earning potential.
For many years the law in California that governs a property owner's liability adhered to the precept that the legal status of the person who was injured on the property made a difference. The law classed people who entered onto the property of another into categories such as "invitees" or "licensees" or "trespassers" -- all depending on what degree of permission, if any, they had to be on the property of the landholder where they were harmed.
Three people in California were killed as a result of a car collision that occurred on April 28. The crash happened around 11 p.m. near the intersection of Sylvester Road and Ingromar Grade just outside of Los Banos. According to the California Highway Patrol, the accident was caused by a 30-year-old man in a VW Passat speeding down Ingromar Grade. Police say he was driving too fast to complete a curve and drifted into the opposing lane. His vehicle collided with two occupants in an oncoming Saturn Ion.