California Wrongful Death

Orange County Wrongful Death Attorney Sebastian Gibson provides these 2010 tips to you to assist you, and to show you why it will be to your advantage to retain a Orange County Wrongful Death Lawyer in the event you have lost a loved one in a Wrongful Death accident in the Orange County area or anywhere in Southern California.

While some of these tips may be too late for you if your family’s Wrongful Death accident in Orange County was some hours or days ago, as a Wrongful Death Attorney in Orange County, we provide these tips in the hope they may yet be useful for you in connection with your family’s Orange County Wrongful Death and for any future accidents you or your family may have.

First, take a look around and determine if you or anyone else is hurt. If so, taking steps to prevent further injury or loss of blood are the most important thing you can do until help arrives. The worst thing you can do is get angry or start a fight. As your Orange County Wrongful Death Attorney, it is much easier to obtain the compensation you deserve if we don’t also have to deal with claims that your accident turned into a brawl or was the result of road rage.

Second, make sure any other drivers and passengers in your Orange County Wrongful Death accident are safe from being injured further. If you are in the middle of traffic and can safely get out of the way, walk to where it is safe. If you aren’t dizzy and can help others without risk to yourselves or risking injury to them, help them. If your vehicle is a hazard to others and you have warning devices such as triangles or flares you can safely place in the road, put them out on the road to warn other drivers and get away from any danger. Let the Orange County police or other emergency personnel investigate the scene with all the vehicles in place and let them move the vehicles at a later point.

Third, if no one else already has, call the local police or the California Highway Patrol or 911. Accident reports are extremely helpful if they will prepare one. Let the Orange County police know you are injured immediately. Answer all the questions honestly but if you are dazed or confused, let them know you need medical attention and answer only what you are certain about. Statements you make will later appear in the police report and if you make a mistake, it is unlikely a later statement will be believed over your initial statements as your best recollection is usually immediately after an accident.

Fourth, obtain the other driver’s information including their name, address, driver’s license, make and model of their vehicle, license plate number, insurance company and policy number. If there are witnesses, obtain their information as well. If the other driver makes any admissions of fault, write them down as well. The police will likely separate you once they arrive so try to obtain this information while you can. Although we can obtain a copy of the police report as your Orange County Wrongful Death Attorneys, it often takes a week to 10 days or longer for the report to be completed.

Fifth, if you have a camera or a cell phone with a camera built in, take some photos of the vehicles, the scene of the accident and the others involved. If you failed to do so immediately after the accident, take some now of the scene of the accident in Orange County or wherever it occurred and of your vehicle, if one was involved. As your Orange County Wrongful Death Attorneys, we can obtain additional photographs or police photographs, if any, later.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic if you have coverage. Take your valuables out of your vehicle and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes your symptoms to go unnoticed by you until a few hours later. If you have a health plan that requires you to obtain permission before going anywhere for medical treatment, call them first to find out where you can go for treatment that is covered by them. As a Wrongful Death Attorney in Orange County and other areas of California, nothing is more important to you and your case than obtaining proper medical treatment promptly.

Seventh, call a good Orange County Wrongful Death Attorney as soon as you have had your initial medical treatment so your Orange County Wrongful Death Lawyer can gather important evidence and prevent the other party’s insurance company from taking advantage of you by obtaining things such as a recorded statement from you. A good Orange County Wrongful Death Attorney can save you from making mistakes and can shoulder much of the hassle that results from an accident. Your Orange County Lawyer can also advise you in connection with how to obtain vehicle repairs, a car rental, medical treatment on a lien, etc. An experienced Orange County Wrongful Death Attorney can almost always obtain higher settlements, obtain reductions of medical bills and insurance liens that have to be repaid. Most Attorneys will also advance the costs of obtaining police reports, and medical records that are crucial to a good settlement.

Eighth, report the Orange County accident to your insurance company. However, before you do so, it is good advice to retain a Orange County Wrongful Death Attorney first as even your own insurance company will want to take a recorded statement. If the other driver did not have insurance, remember, your own insurance company will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your Orange County Wrongful Death Lawyer can provide you with the form.

Ninth, do not agree to settle your claim privately with the person at fault for the accident in Orange County or with their insurance company when they want to offer you a paltry amount before your injuries have been checked out or treated. Neither of these scenarios work to your advantage. Private individuals rarely want to pay you for anything more than your car repairs. And if you agree to not involve the police, the other driver may change his or her story and blame you later when the police are no longer willing to investigate the accident. Insurance companies offering a quick settlement are usually taking advantage of you at a time when you can least afford it.

Tenth, don’t pay a traffic ticket without attempting to fight it if you weren’t at fault and don’t accept a small payment from the other driver for your vehicle repairs without knowing that the amount will in fact cover the entire cost of repairs. As your Orange County Wrongful Death Attorney, we can usually persuade the insurance company to pay for additional repairs beyond the initial estimate if the body shop finds additional damage from your accident once the repairs have begun.

If you’ve lost a loved one a Orange County Wrongful Death accident, auto, bicycle, car, big rig truck, motorcycle, or pedestrian accident or a dog bite in Orange County, or anywhere in Southern California, we have the resources and knowledge to be your Orange County Wrongful Death Attorney and your Orange County Wrongful Death Lawyer and will see that you are properly represented to obtain the compensation you deserve for your accident and the loss of your loved one.

2009 Orange County California Wrongful Death Lawyer News - When Should You Make A Claim For A Wrongful Death In California?

San Diego California Wrongful Death Legal News - I’m often asked by family members who have lost a loved one in a wrongful death auto accident in areas such as Orange County and in San Diego, whether it’s right to make a wrongful death claim.

What I usually tell clients all over Orange County and throughout Southern California, is that if they believe that their loved one would have wanted them to be well cared for and the death of their loved one was unfair or unjust, they should make a claim.

While it’s true that no amount of money will ever make up for the loss of someone you love, it’s not right that an insurance company which insured against such an event happening should keep money that would otherwise go to the family of the person who has passed away.

While a lawsuit, by virtue of the court rules, must name the other driver or the person who caused the death of a loved one, if they are insured, it is the insurance company that steps into a court action in Orange County or in San Diego and both defends that person and pays any judgment or settlement.

If the person who caused the death of another in Orange County is uninsured, I don’t believe that the family who lost someone should go after the other uninsured driver just out of revenge.

Besides the fact that it will be costly to do so, it is also just too easy for a person who has been sued and who has no insurance to avoid paying any judgment by hiding their money, declaring bankruptcy or moving to a state like Texas or Florida where a home can be homesteaded and thereby protect a large amount of money.

But assuming that the person who caused the death of your family member was insured, think about whether your loved one would have wanted you to be taken care of and happy in coming years. While a wrongful death claim sometimes can’t be settled without litigation, when that litigation is over, there is usually some closure and a great relief that may not be there if you just continue to think about how unfair your loved one’s death was.

Never let any friends or neighbors push you into something you’re not ready for. Let your friends know that you are still grieving and that you will do or not do what you feel is right when you are ready to face that hurdle. If they are truly your friends, they should know that they need to give you some space and time to grasp and deal with the loss you are faced with.

In California, you have a two year statute of limitations to file a wrongful death lawsuit. This is the same whether you live in Orange County or San Diego.  But you have only six months to file a claim if a public entity is involved and delay in speaking with an attorney can make it difficult to obtain evidence such as vehicle skid marks after it rains.

In Palm Springs and Palm Desert, as in San Diego and Orange County, no attorney or lawyer will work harder on your behalf in California if you have lost a loved one due to the negligence or wrongful act of another, than Wrongful Death Attorney Sebastian Gibson.

When the loss of a loved one has just occurred, it is difficult to think about taking action against the wrongful party that has caused your loss. However, when you are ready to discuss your loss, no matter where you are in California, in the Inland Empire or in the upper desert, we’re here for you.

There are few areas of the law as difficult to handle or as emotionally charged as a wrongful death case in California.

California wrongful death attorney Sebastian Gibson has been practicing personal injury and wrongful death law for over 25 years. While many attorneys find this area of law too complex or emotional, Sebastian Gibson has been able to represent his clients with that perfect mix of professionalism and caring that allows his clients to know how much he cares about their well being yet still bring the knowledge and experience to the table when dealing with insurance companies.

The law provides specific rules as to which relatives may bring a wrongful death action. Generally, they are the surviving spouse, and children of the decedent. If none exist, the state determines who are the decedent’s closest heirs. As soon as an heir is found that qualifies under this line of progression, his or her claim will generally cut off the claims of others below them.

The damages in a wrongful death action in California depend much upon the closeness of the relationship as well, and upon the amount of support the relatives were receiving from the decedent.

Damages in a wrongful death action include the loss of love, comfort, affection and support of the decedent, the value of any household services the decedent would have provided in the future and the value of any financial support the claimant would have received from the decedent.

A survival action in the courts in Orange County may also be brought for the economic damages the decedent may have incurred before death.

Finally, a claim for punitive damages may also be brought in certain circumstances which can greatly add to the recovery that can be sought by the claimants.

If you've lost a loved one as the result of the intentional or negligent act of another anywhere in California, from Orange County to San Diego, call wrongful death attorney Sebastian Gibson today for a free consultation. Wrongful death cases are handled by Sebastian Gibson on a contingency basis.

When you suffer the loss of someone you love, you need to grieve. We understand that. When you are ready to talk about what happened, call us.