Attorneys at Sette Law are immersed in the complexities and nuances of Sacramento car accidents. Our lawyers know that people outside the legal profession are unaware of many details regarding accident law until they, or someone they love, experiences an accident and a resulting personal injury. Our attorneys say that having basic information about car accident law is useful for any driver in Sacramento.
Accident injury lawyers report that a 2012 CHP report documented 2,995 deaths in car accidents in California and 226,544 persons injured. Sacramento accident attorneys also point out that people involved in accidents not only suffer physical injuries but also can endure significant economic harm. And, personal injury lawyers say innocent victims as well as the driver who bears responsibility can face costly or painful repercussions as the result of a Sacramento accident.
Personal injury attorneys can help accident victims receive fair compensation for a variety of losses such as damage to vehicles, costs of medical treatment, legal representation and loss of income. Sacramento car accident lawyers also represent family members whose loved one has died in a car accident. In such wrongful death cases, lawyers can seek compensation for emotional damage, loss of support, love, companionship and financial support. In Sacramento wrongful death actions, attorneys will have to prove the defendant was negligent and that this negligence caused the accident. Injury lawyers know that the concept of Negligence is not always easy to establish.
This is also true in personal injury actions. Attorneys seek to show that a driver accused of causing the accident didn’t show “reasonable care” and that behavior led to the Sacramento car accident. Lawyers know that the concept of “reasonable care” is vague and often debated. The plaintiff’s injury attorney often faces strong argument from the defendant’s accident lawyer. If the debate ends in stalemate, the matter could end up in a jury trial.
And, that’s not the only challenge faced by the plaintiff in a Sacramento personal injury lawsuit. Attorneys also must show that injuries suffered were directly caused by the car accident. Lawyers for the defendant might argue that an injury was pre-existing, or that it only happened because the plaintiff didn’t seek immediate medical care after the Sacramento accident. Attorneys for the defense pull out all stops to show that injuries were unrelated to the car accident.
Personal injury attorneys who succeed in proving the direct relationship between the accident and injury and prevail in court, can collect damages from the defendant’s insurance carrier. Our Sacramento Personal injury lawyers know that California law requires that drivers have at least minimum liability insurance covering themselves and drivers of their vehicles. Our Sacramento car accident lawyers say this is a $15,000 injury/death policy and $5000 for property damage resulting from a car accident. Attorneys point out that this minimum coverage applies to both California and out-of-state drivers. Interestingly, personal injury lawyers add that the insurance requirement applies to drivers with invalid driver licenses and people with no license at all! Drivers who cannot provide proof of insurance will have their licenses suspended for 12 months if they are involved in a Sacramento car accident.
Attorneys say that insurance companies also have legal responsibilities to drivers they insure. Sacramento personal injury lawyers are aware of these legal requirements, but most consumers do not know that their insurance companies have specific obligations that protect consumers. Sorting through the details of insurance law requires experienced personal injury attorneys who help car accident victims whose insurance carriers may not be fulfilling their legal obligations.
From working on behalf of families who have lost a loved one due to the fault of others, our Sacramento wrongful death attorneys know how difficult and devastating this kind of death can be. For many people the emotional healing process has barely begun before they must move to file a claim with a wrongful death lawyer – in California the statute of limitations is a mere two years. Consequently, our Sacramento wrongful death attorneys must be prepared to handle emotional issues as they build a case based on evidence.
At Sette Law, our wrongful death attorneys specialize in this complicated arena of law to best support our clients in Sacramento. In wrongful death claims our lawyers work to clearly show that intentional or careless acts, negligence or recklessness caused the death of a person.
Traffic accidents, medical malpractice, airplane crashes and automobile accidents are among the most common causes our Sacramento wrongful death attorneys handle. However, there is no limit on the circumstances and sources involved in a wrongful death. Our wrongful death lawyers have levied suits against manufacturers, engineering firms and builders (among others) in Sacramento. Our wrongful death attorneys explain that individuals, organizations, agencies and corporations can be subject to lawsuits in Sacramento.
Wrongful death attorneys must be able to prove that negligence caused the death of a loved one and, further, that the plaintiff stands to suffer emotional hardship and financial adversity as a result of the wrongful death.
Lawyers work to gain compensation for many losses for plaintiffs in Sacramento. Our wrongful death attorneys know that no amount of money will ever compensate for the death of a loved one. This is particularly true when the loss is the result of an egregious wrongful death. Our lawyers have experienced the complicated emotions connected in wrongful death actions – attorneys know that not only grief but also anger is often present, and justified. Given tragic circumstances, the best we can do is lighten the emotional burden by taking away financial concerns, freeing our client to grieve and work toward healing.
Sacramento wrongful death attorneys may win payment for several factors related to a wrongful death such as medical and funeral expenses. But other costs can also be considered in a wrongful death including loss of financial support within a household in Sacramento. Our wrongful death lawyers additionally look for important, and immeasurable, factors – loss of love, moral support and companionship. Among the most important damages our Sacramento wrongful death attorneys fight in court to gain is punitive damages due to negligence of the defendant. This factor is often paramount for our Sacramento wrongful death clients.
Lawyers look for Clear Liability
Our Sacramento wrongful death attorneys have represented clients against a wide variety of defendants. Tragic deaths that happen due to the negligence of others can occur almost anywhere. Among the most common scenarios handled by our Sacramento wrongful death lawyers is the loss of a loved one due to the negligence of a driver in a car crash, or the liability of the driver’s employer. Other incidents involving vehicles include the builders or designers of roads or even public agencies responsible for signage in Sacramento. Wrongful death lawyers handle all-too-frequent cases in which alcohol played a role in Sacramento. Here, wrongful death attorneys may look to individuals who provided alcohol to the victim or to the business owner or home owner where alcohol was served.
Currently, our Sacramento wrongful death attorneys are monitoring developments in cases involving car manufacturers – one of 2012’s biggest, ongoing new stories. By the end of the year up to 17 million cars were recalled due to faulty airbags made by Takata Corporation including many popular makes driven here in Sacramento. Our wrongful death and injury lawyers say a handful of deaths and scores of injuries are already documented. Takata, distributors and potentially car dealers may be held responsible in any related wrongful deaths. Our attorneys, along with the nation, watch with interest as Congress steps in to order a potential nationwide recall of impacted vehicles in Sacramento. Wrongful death attorneys are already handling cases on the East Coast and more relevant cases are likely to emerge over time.
Medical malpractice is yet another source of wrongful death actions. Sacramento wrongful death attorneys consider some basic principle in medical malpractice, wrongful death claims. Attorneys must establish a doctor-patient relationship existed and that the physician’s negligence led to the Sacramento wrongful death. Lawyers must sift through many details of complex laws.
Whatever the source, a Sacramento wrongful death, our lawyers know all too well, is a difficult action for families in mourning. However, in our experience, loved ones frequently engage a Sacramento wrongful death attorney because they seek to prevent others from having the same experience. Particularly when it comes to large entities, such as corporations and mega-business interests who have contributed to a wrongful death, surviving family may feel a responsibility to alert the public about negligence that led to a Sacramento wrongful death.
Lawyers generally represent certain classes of people in a wrongful death lawsuit. Of course, immediate family members, committed partners and dependents can usually file in a wrongful death. Our attorneys also work with people who suffer financial losses such as support or care. These plaintiffs may or may not be related to the individual who suffered a wrongful death.
Within each category of wrongful death, attorneys have numerous factors and conditions to establish. In any Sacramento wrongful death lawsuit, a lawyer has demanding and specific criteria that underlie each case. As with many legal issues, our Sacramento wrongful death attorneys must understand the nuances of each case and the legal precedents to the claim. But in any Sacramento wrongful death lawsuit there is an emotional element that goes beyond the scope of many other court actions. At Sette Law, our Sacramento wrongful death attorneys must move beyond the requirements of law and employ a different set of skills. Wrongful death lawyers must embark upon their work with compassion, understanding and a commitment to our clients in Sacramento. Certainly, we realize there is little else in life worse than a wrongful death – our attorneys are dedicated to supporting surviving loved ones so that they can move forward in their lives.
Dog bite lawyers at Sette Law pay close attention to legal cases involving death or injuries. Unfortunately, it’s the most spectacular and deadly incidents that grab headlines. But our Sacramento dog bite attorneys are keenly aware of many more serious attacks by out-of-control dogs.
In 2001, the tragic attack of two dogs at a San Francisco apartment left a woman dead. According to our Sacramento personal injury lawyers, the owners of the aggressive Presa Canario dogs were actually licensed attorneys. After being charged and convicted of manslaughter and second-degree murder, they appealed the convictions for more than 10 years, continuing to draw national attention to dog bite law. Lawyers reference this high profile case as an illustration of complex state and local regulations regarding dog bites.
Complicated Statutes surround Dog Bite Cases
Sacramento dog bite attorneys explain the San Francisco case has many elements that apply to other incidents which were not as high profile. For example, the dogs had a history of aggression and had been in an abusive environment. These two elements, our Sacramento injury attorneys say, are common in dog bite cases across many jurisdictions. But, laws are not consistent from state to state and other “common law” may prevail. Our Sacramento dog bite lawyers must be aware of which statutes apply in individual cases in Sacramento.
Dog bite attorneys add that dog owners also have protection against liability. For example, if someone trespasses onto private property and is attacked by a dog, the trespasser may share in responsibility or assume all liability for injuries. Sacramento personal injury attorneys say a court can rule that a trespasser assumed a risk and actively contributed to the attack. In Sacramento, dog bite lawyers add that this principle can also apply to someone making a delivery to property where a threatening dog is known to live. In the experience of Sette’s dog bite lawyers, cases like these may result in a jury splitting responsibility for an attack between the injured party and the dog owner.
Owners may have Responsibility for Dog Bites in Sacramento
However, it’s important to realize that California code states that liability for damages caused by a dog bite in a public setting rests with the animal’s owner. The same is true for dog bites on Sacramento private property when the injured person is legally on the property. The dog owner is responsible for the actions of his or her dog.
Sacramento dog bite attorneys must be aware of all circumstances surrounding a dog bite claim or charge in a Sacramento court. Dog bites, like many personal injury issues, require clear proof of liability based on a broad range of evidence.
As President Obama strives to implement health care reform – “tort reform” has become a hot button issue. “Tort reform” typically refers to caps on non-economic punitive damages in lawsuits where individuals have been injured by gross medical malpractice. Tort reform advocates erroneously blame medical malpractice lawsuits for high insurance premiums, causing doctors to flee states without caps and practice “defensive medicine,” further increasing health care costs.
However, as medical malpractice victims living in Marin County and throughout California know, the real cost of tort reform is born by those who been seriously injured or harmed by medical negligence. California currently has one of the nation’s most restrictive tort reform laws with its 34 year old “cap” of $250,000 on pain and suffering for injured patients, which essentially prevents victim of severe cases of malpractice from going forward in the courts and receiving just compensation.
Further, studies show that many of the tort reformer’s arguments are false and based on inaccurate information. According to a November report issued by the American Association for Justice, lawsuits do not drive up insurance premiums. In fact, studies show that jury awards, settlements and administrative costs add up to less than $10 billion a year – less than 0.3% of what the U.S. spends on health care every year.
The costs of defensive medicine are also greatly exaggerated. Recent studies show estimate that defensive medicine at most accounts for 3% of medical spending – and much of what is identified as defensive medicine is not motivated by liability, but simply the desire of physicians to generate more income.
Finally, little correlation exists between malpractice payouts and malpractice premiums. In fact, researchers at the National Bureau of Economic Research (NBER) noted, “increases in malpractice payments made on behalf of physicians do not seem to be the driving force behind increases in premiums.” Declining interest rates and investments in the insurance industry drive the rate increases – not malpractice payouts. One study found thatinsurers artificially raised doctors’ premiums and misled the public about the nature of medical negligence claims in order to justify “tort reform.”
As California personal injury attorneys concerned about medical malpractice, we believe that caps hurt those who need it most and do nothing to reduce insurance premiums and the cost of health care.