California Wrongful Death Legal Questions

In California, there may be many wrongful death claimants (see California Code of Civil Procedure section 377.60) but there is only one wrongful death recovery against the person responsible for the death. That recovery is then divided among the claimants. Both defendants and plaintiffs have an economic interest in making sure that all wrongful death claimants are involved in a settlement. A defendant can be liable for only one wrongful death recovery for all claimants, unless he knows the identity of a claimant but does not obtain a release of that claimant's claims. There is case law which indicates that any wrongful death claimant who knows the identify of another claimant but does not include that person in the recovery might make himself responsible to that non-involved claimant for the damages that he would have received had he been involved in the case. Therefore, just as my firm always does when we prosecute one of our many wrongful death claims, claimants make every effort to identify and involve every wrongful death claimant in the lawsuit. You have been named as a "nominal defendant" in the lawsuit to make sure that your interests are adjudicated in the lawsuit. You can be a plaintiff only if you choose to be one. However, you can be added as a defendant and brought into the case whether you choose to or not. Think about whether you want to make a wrongful death claim. If you do not, and you are sure you do not, talk to the attorney for the plaintiffs and make arrangements by which you can waive or release any claim you might be able to make in the case. Then you can be dismissed and everyone is protected against the possibility that you might change your mind in the future.  Brian Chase,  BISNAR|CHASE, Personal Injury Attorneys.  http://www.BestAttorney.com http://www.ProductDefectNews.com  800-956-0123.    ... Read More

Filing a wrongful death lawsuit against anyone is a challenging matter to do it correctly and effectively.  To file a wrongful death lawsuit against a governmental agency is even more challenging. Keep in mind that in California, any type of personal injury claim (this includes a wrongful death claim) against a governmental agency requires a special notice before filing a lawsuit and this notice must be properly filed within 180 days of the injury (in most cases).  Failure to properly and timely file a "governmental claim" will most likely terminate all rights.  See:  California Government Code Section 911.2. This is a job for a personal injury law firm experienced in governmental claims involving a wrongful death.  This isn't something to take on without a good deal of legal knowledge. The best course of action is to consult with a personal injury law firm highly experienced in governmental, wrongful death claims.  Most every law firm that has a successful track record of handling governmental, wrongful death claims will provide you a free consultation.  Please get yourself a consultation with a really experienced personal injury law firm. John Bisnar, BISNAR|CHASE, Personal Injury Attorneys www.BestAttorney.com, 800-956-0123... Read More

You need a consultation with a personal injury law firm that handles cases against governmental agencies and/or police departments.  And you need it now. Look in the upper left hand corner of this page and follow the instructions for "Find A Lawyer" and do it now. In California, in order to sue a governmental agency (like a police department or police officer) you must properly file a governmental claim within 180 days.  Failure to do so can terminate all rights. With the little information provided, I can not advise you as to your family's chance of a successful claim against the police.  You need a more thorough investigation an analysis.  The best personal injury law firms will provide you a free consultation.  Get one quick. John Bisnar, BISNAR|CHASE, Personal Injury Attorneys www.BestAttorney.com, 800-956-0123... Read More

Yes.  Pets are property in the eyes of the law.  Stealing a pet is just like stealing any other type of property.  People have been hanged for stealing horses (at least that's what I have seen in movies).  The rules/laws are basically the same. John Bisnar, BISNAR|CHASE, Personal Injury Attorneys http://www.BestAttorney.com 800-956-0123... Read More

In most situations, in California, you have two years from the date of the initial injury that caused the death to file a lawsuit.  There are a few exceptions, especially in cases of a minor claimant. However, in cases where the alleged wrongdoer is a governmental agency, before filing a lawsuit, a formal governmental claim must be filed and denied.  The governmental claim must be filed within 180 days of the initial injury (there are a few exceptions).  The lawsuit must be filed after a denial of the claim but within 180 days of the denial. Get yourself a consultation with a law firm that is very experienced in governmental personal injury claims to be sure that there isn't some way to get around the timing requirements outlined above.  The best personal injury law firms will usually provide a free consultation to injured victims and the family of deceased person. John Bisnar, Bisnar|Chase Personal Injury Attorneys.  http://www.BestAttorney.com.  800-956-0123... Read More