
- April 10, 2022
- By Samer Habbas, Esq
- In News & Information, Wrongful Death,
A 64-year-old man was killed and two women survived after an enormous oak tree fell came crashing down onto a two-story home, as reported by the LA Times and multiple other news outlets. The tree—estimated to weigh around 100,000 pounds—fell on the home around 11 p.m.
The untimely loss of a loved one is devastating in any situation, let alone when it is caused by the reckless or negligent actions of another party. In such cases, the surviving loved ones of the victim may be entitled to seek compensation by filing either a wrongful death or a survival action against the liable parties who caused the accident. Both wrongful death and survival actions are statutory and strictly governed by California state law. In other words, both exist because California passed laws or statutes to allow these types of claims. However, there are two major differences between the laws governing wrongful death claims and survival actions.
All personal injury claims, including wrongful death cases, have inherent time limits for when they must be filed. These time limits are called “statutes of limitations.” If you fail to file your claim within the statute of limitations period, you may forever be barred from suing for compensation.
According to the Institute for Highway Safety’s Highway (IIHS) Loss Data Institute, 37,133 motor vehicle fatalities were reported in 2017. The three states with the highest number of fatalities were California, Texas and Florida. The majority of fatal collisions involved a single vehicle rather than multiple vehicles. Most of the crashes involving fatalities, involve a […]
Los Angeles, Calif. — The U.S. Centers for Disease Control and Prevention (CDC) issued a warning on September 6 urging people to stop using e-cigarettes products. This warning is a reflection of the first death stemming from the use of e-cigarettes or “vaping” in Los Angeles County. This death is believed to be the fourth related […]