Wrongful Death

Navigating the Aftermath of a Motorcycle Accident in California: The Importance of Contacting an Experienced Injury Lawyer

June 15, 2024 | Sharifi Firm, APC

Motorcycle accidents can be life-altering events, leaving victims with severe injuries, emotional trauma, and a daunting path to recovery. In California, where motorcycling is a popular mode of transportation due to the state’s scenic routes and favorable weather, the risk of accidents is a constant concern. If you or a loved one has been injured in a motorcycle accident in California, it’s crucial to understand why contacting an experienced injury lawyer can make a significant difference in your recovery and compensation journey.

The Unique Risks of Motorcycle Riding

Motorcycles offer little protection in the event of a collision, making riders more vulnerable to severe injuries compared to car occupants. Common injuries from motorcycle accidents include:

Court Rejects Arbitration Agreement in Southern California Nursing Home Neglect Lawsuit

January 5, 2020 | Sharifi Firm, APC

Recently, a state appellate court issued an opinion in a case against a California nursing home. The case required the court to determine if an arbitration agreement, signed by the resident’s adult daughter, was valid and enforceable. Ultimately, the court affirmed the lower court’s finding that there was substantial evidence suggesting that the resident’s daughter did not have the authority to sign the form and agree to submit any subsequent claims to arbitration. Thus, the court rejected the facility’s request to force the case into arbitration.

According to the court’s opinion, the plaintiff’s mother was a resident at the defendant nursing home. The plaintiff’s mother had a history of diabetes, dementia, end-stage renal disease, generalized muscle weakness, and other debilitating conditions. At some point during her stay, the plaintiff’s mother required hospitalization. Upon her mother being re-admitted to the facility after being discharged from the hospital, the plaintiff signed a two-page document containing an agreement to arbitrate any claims arising out of the facility’s care of her mother. The plaintiff signed on her mother’s behalf. The plaintiff’s mother did not sign the document.

Later, the plaintiff’s mother passed away from a worsening medical condition. The plaintiff filed a wrongful death lawsuit against the facility, and the facility moved to compel arbitration, based on the agreement signed by the plaintiff. The plaintiff argued that the agreement was invalid because, at the time that she signed it, she did not have the legal ability to sign away her mother’s right to access the court system.

California Driver Strikes and Kills Trick-or-Treating Family While Under the Influence

November 19, 2019 | Sharifi Firm, APC

Recently, a national news report released updates on a tragic trick-or-tricking California pedestrian accident. A young family was walking back to their condo in Long Beach when an SUV crossed onto the sidewalk and slammed into the family. Sadly, the family was just steps away from their condo when the driver struck them. Law enforcement arrested the driver at the scene of the accident, and he was arrested for driving under the influence. In addition to drunk driving charges, the man is facing gross vehicular manslaughter criminal charges. The husband died shortly after impact, his son died on Saturday, and his wife died the following morning.

The California Department of Public Health (CDPH) in conjunction with the National Highway Transportation Safety Administration (NHTSA) collect, study, and report motor vehicle accident statistics. As the access and ease of public transportation in California increases, many more people walk as part of their daily commute. The increase in daily pedestrian traffic in combination with the prevalence of street and community events makes it even more crucial that motorists engage in safe driving.

Unfortunately, almost 20% of California accidents involve pedestrians, which is nearly 60% higher than the national average. The most recent data compilation reveals that there is an average of 238,000 fatal and non-fatal traffic injuries in California, and over 13,000 of those accidents involve severe injuries to pedestrians. Various factors impact the likelihood that a pedestrian will be involved in a traffic accident. Some factors include lighting, time of day, season, and pedestrian location. Most California pedestrian accidents occur during daylight, weekday business hours at non-intersections.

California Court Determines Hospital’s Failure to Follow Patient’s Health Care Directive Was Not Elder Abuse

May 15, 2018 | Sharifi Firm, APC

In a recent California wrongful death case, an appellate court dismissed a claim against a hospital after it failed to follow a woman’s health care directive stating that she wanted all life-saving measures to be taken. The 70-year-old woman was suffering from terminal pancreatic cancer and was being treated at Scripps Memorial Hospital La Jolla when she died. Her advance health care directive stated that she wanted all measures taken to prolong her life. The woman designated her son as the person who could make health care decisions for her, and he also told the doctors that he wanted everything done to prolong her life.

However, the hospital did not provide the woman with certain life-support measures because her doctors believed that the measures would have been ineffective and would have caused her to suffer more harm than good. One of her doctors believed that continuing to treat her would cause her additional pain and suffering. He entered a do not resuscitate (DNR) order, but he did not tell the woman’s son about the order at the time. The woman’s son understood that her death was imminent and that she was not going to survive, but he still wanted her advance health-care directive to be followed. The woman’s condition continued to deteriorate while she was at the hospital, and she died several days after her arrival.

Her children sued the hospital, alleging that the hospital failed to provide the life-sustaining treatment she had requested in her advance health care directive, arguing in part that the hospital committed elder abuse by neglecting and physically abusing her.

Seeking Financial Recovery After a California Motorcycle Accident

March 26, 2018 | Sharifi Firm, APC

The temperate climate of California is perfect for motorcycle enthusiasts. In fact, California offers some of the most popular motorcycle routes, including the views from Big Sur along Highway 1. However, each year as more motorcyclists take the road, there is a corresponding increase in California motorcycle accidents.

This is not to say that the accidents are caused by motorcyclists. Indeed, the majority of motorcycle accidents involving more than one vehicle are later determined to be the fault of the other motorist. The causes of motorcycle accidents vary, but distracted driving, drunk driving, and aggressive driving are among the top causes of fatal motorcycle accidents.

When a motorist’s negligence causes a motorcycle accident, the injured motorcyclist may be able to obtain compensation for any injuries sustained in the crash through a personal injury lawsuit. If successful, a plaintiff may be able to recover compensation for past and future medical expenses, lost wages, and any pain and suffering caused by the accident.

Establishing Liability in California Premises Liability Claims

March 21, 2018 | Sharifi Firm, APC

As a general matter, California landowners have an obligation to ensure that their property is safe for those whom they invite onto their land. The extent of the duty owed by a landowner to a visitor depends largely on the relationship between the parties and the reason for the guest’s visit.

In California premises liability cases, courts require a plaintiff to establish four basic elements, as outlined in California Civil Jury Instructions section 1000:

The defendant owned, leased, or was in control of the property;
The defendant was negligent in the maintenance of the property;
The plaintiff was harmed; and
The defendant’s negligence was a substantial factor in causing the plaintiff’s injuries.

Of course, there are many nuances to premises liability law that can alter the apportionment of liability. For example, if a dangerous condition is so obvious that a person could reasonably be expected to notice it, the landowner has no duty to warn the guest of the hazard. That being said, these determinations are made by courts on a case-by-case basis, and anyone considering a premises liability lawsuit should consult with a dedicated California personal injury attorney to discuss their case in more detail.

California Court Refuses to Enforce Arbitration Agreement in Recent Personal Injury Case

March 5, 2018 | Sharifi Firm, APC

Earlier this month, an appellate court issued a written opinion in a California wrongful death case requiring the court to determine the validity of an arbitration agreement. Specifically, the court had to decide whether the arbitration agreement could be enforced against the deceased’s son, when he signed the agreement on behalf of his father.

California Arbitration Agreements

An arbitration agreement is a contract between parties that preemptively agrees to settle any future claims that may arise between the parties through arbitration, rather than through the court system. The benefits to arbitration mainly inure to the company creating the contract, since that is the party that has the opportunity to choose the arbitration forum. In addition, arbitration is widely considered to be less expensive and more expedient than the traditional court system. Thus, it can be seen why large companies hope to arbitrate claims against them.

However, arbitration is not normally in the interest of an accident victim, who is less familiar with the forum and may be less concerned about the cost of litigation. Additionally, arbitration presents strict, non-uniform procedural rules that, if not followed, may result in the waiver of a valid claim.

Wrongful Death Claims in California

February 23, 2018 | Sharifi Firm, APC

When a loved one is tragically killed, the victim’s relatives often suffer an immense emotional and financial toll. Family members may suffer from a loss of income, as well as a loss of companionship, support, and consortium. A California wrongful death claim is one way for the aggrieved loved ones to obtain compensation for their loss. These wrongful death claims must be brought by the decedent’s spouse, domestic partner, children, and certain heirs, or a dependent putative spouse, children of the putative spouse, stepchildren, and parents, or a decedent’s minor dependents in some circumstances. The goal of the wrongful death lawsuit is to allow certain persons to recover compensation for the loss resulting from the decedent’s death.

To prove a wrongful death claim in California, a plaintiff must show that there was a wrongful act, a resulting death, and damages suffered by the plaintiff. Any person or entity whose wrongful act caused the decedent’s death is a potential defendant in a wrongful death claim. Generally, wrongful death actions must be brought within two years of the date of the wrongful act.

A plaintiff can recover damages for financial benefits the plaintiff would have received from the decedent, including “necessities of life,” other financial contributions, and the increased estate the plaintiff would likely have received; loss of services, advice, or training the plaintiff would likely have received from the decedent; loss of their companionship, comfort, and affection; and funeral and burial expenses.

California Court Awards Additional Costs After Party Rejects Settlement and Loses at Trial

February 19, 2018 | Sharifi Firm, APC

In a recent California injury case, an appellate court ordered the losing parties to pay additional costs because they rejected a settlement offer before trial. In that case, two individuals died in a fire that occurred in a home they were renting. One was a three-year-old child, and the other was a 49-year-old mother. After the fire, the victims’ families sued the owners of the home.

Before trial, the plaintiffs made an offer to settle both claims for $1.5 million, but the defendants rejected the offer. The case went to trial, and the plaintiffs won, with the jury awarding the plaintiffs $2.2 million in the mother’s claim and $357,000 in the child’s claim. After the trial, the court ordered the defendants to pay additional costs because the defendants rejected the settlement offer.

Costs Under Section 998

Generally, the party that wins in a civil case can recover certain costs. In addition, in California, section 998 of the Code of Civil Procedure punishes a party that refuses a reasonable settlement offer by allowing the offering party to recover certain costs. Section 998 allows the prevailing party to recover additional costs and fees that are not generally available, such as expert witness fees.

Recent University of California Study Indicates Obese Drivers Significantly More Likely to Suffer Fatalities in Car Crash

August 14, 2017 | Sharifi Firm, APC

According to a recent study by UC Berkeley’s Safe Transportation and Research Education Center, obese drivers have been determined to be up to 78% more likely than normal weight drivers to suffer fatalities in a car crash. The research center is affiliated with the UC Berkeley School of Public Health and the Institute of Transportation Studies. Despite the increase in safety technology for both commercial and personal vehicles, the findings show that there is a substantial difference in fatalities for heavier accident victims. The study is significant because obesity is an ongoing issue in the nation, and the numbers of obese individuals are rising, meaning that fatal car accidents could increase despite potentially safer vehicles. Unlike overweight people, with a body mass index between 25 and 29.9, obese individuals are classified as having a body mass index above 30.

Throughout Southern California, car accident victims can suffer a range of injuries in a collision. After researching over 41,000 collisions and narrowing research to vehicles of the same size, the data was also controlled for factors such as gender of drivers, failure to wear a seatbelt, alcohol use, and collision type.

Our Southern California car accident lawyers believe that the relationship between obesity and injury outcomes is important, but it is also important to recognize that regardless of the victim’s characteristics, there are legal remedies that provide relief to the victim and their family. In the case of a fatal accident, the family or their legal representatives have the right to pursue a wrongful death claim against all at-fault parties.