Watch this video to learn the step by step process of what an attorney should do in a situation like this (you do need an attorney ASAP):
Don't delay further - local and qualified personal injury litigation attorney for you and wrongful death litigation attorney for your cousin's family. Serious matters deserve to be treated seriously; by professionals. Good luck.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
I am so sorry for your loss. You're going to want to hire a local attorney immediately. Look at a wide variety of law firms. Don't necessarily base your choice off of this website. Shop around and find a lawyer who is right for you and will work for you. Best of luck.
You may have a direct claim for witnessing this horrible event - what is called a "bystander emotional distress" claim, but the primary claim would be by your aunt and uncle. If possible, work with your aunt and uncle to retain counsel together.
I am sorry for your loss and your suffering. You have rights. Contact a lawyer immediately.
This is a legal disclaimer that my advice here are for general purposes only and does not create an attorney-client relationship. Further, my advice is based upon the limited information and facts that have been provided. Additional facts and/or circumstances may materially change or affect the advice that I would provide. Finally, I have not agreed to represent you and anyone else who may read my response. (Sorry for this legal disclaimer, but it is important for your protection and mine. You do not want to think that I am representing you when I have not agreed to do so. In order for me to act as your attorney, we would need to execute a retainer agreement setting for the terms of the relationship.) Thank you for your understanding.
I am sorry to hear about this tragic accident. As the other attorneys have stated, you should contact a lawyer immediately for your physical and emotional injury claim. Your cousin's parents should also seek counsel for the wrongful death claim. You should look on Avvo for a local qualified personal injury attorney who is member of CAALA (Consumer Attorney Association of Los Angeles) and who has handled these types of cases before.
Lederer & Nojima, LLP
12100 Wilshire Blvd. #480
LA CA 90025
I am very sorry for your loss. You have your own claim against the driver for your injuries, any physical injuries and also for mental injuries/suffering from the incident. Your cousin's family (parents) also have a wrongful death claim against the driver. You should speak to some personal injury/wrongful death lawyers immediately to preserve your rights. Most personal injury lawyers would handle this case on a contingency basis (a percentage basis) where you only pay lawyers fees when a settlement or verdict is reached, so you wouldn't have to pay out of pocket to hire a lawyer. Many lawyers offer free consultations and you should speak with some regarding your case.
Feel free to contact my office for a free consultation at 1-888-476-0901
To answer your question, the grounds for the wrongful death claim is that the at-fault driver was negligent when operating his vehicle and caused the head-on collision. You absolutely can sue for this, and I cannot stress enough how important it is that you discuss your case with a lawyer right away. With a personal injury lawyer by your side, you stand to earn significantly more from a settlement and can properly take your case to trial if necessary.
The information provided here is for informational purposes only, and should not be construed as legal advice on any subject matter. Bergener & Associates, PLC is a personal injury practice serving accident victims and their families in the State of California only. No individuals should act or refrain from acting on the basis of any answers to questions without seeking the appropriate legal or other professional advice from an attorney licensed in their state. Transmission of information via this website does not create an attorney-client relationship between any attorney at Bergener & Associates and any recipient, nor is it intended to do so. The content provided does not create any warranty, express or implied. Hiring a lawyer to represent you is an important decision and should not be based solely on advertising. For more personal injury information visit us at http://www.bergenerlaw.com
You obviously have a claim you can bring for your own injuries. However your claim regarding your cousin consists of four elements 1) Someone negligently caused the death of someone. 2) That you were at the scene of the accident and actually was aware of the injury. 3) That you suffered severe emotional distress because of the incident. 4) That the conduct of the other driver was a substantial in causing your emotional distress. I just settled a wrongful death case this week, but your case is not wrongful death but rather negligent infliction of emotional distress brought by a bystander.
Sorry to hear about what you have been experiencing. You have a case against the defendant driver. It will be for your own damages, and not based on wrongful death (these legal technical issues can be explored and explained further through the attorney you hire to represent you. Get one right away. Do not delay another minute. The cousin's insurance will not come into play, unless the cousin was partially at fault, but it doesn't sound that way. We would be happy to answer any further questions you may have. Finalizing the case can take from months to years, depending on your emotional and physical status and treatment, as well as the progress available in the courts and with the defendant insurance company.
Sorry for your loss. You have a direct claim you can bring. You do not have to worry about bringing a bystander claim - you were in the car and suffered your own physical and emotional injuries. You should hire a local lawyer to represent you for your injuries and damages.
Most of us will offer a free consultation so you need not worry about calling to find the lawyer you feel comfortable hiring.
The driver AND the passenger in a car that is an accident through no fault of said driver may both have a claim for any injuries suffered (the family of such a driver who dies may have a claim for wrongful death). In an accident serious enough to cause driver fatality, it is all but a given that there was enough impact to cause substantial physical harm to any passengers... thus, adding emotional trauma damages to the passengers claim might be adding to an already substantial recovery. Should one find oneself a victim of such a horrific crash, one should immediately get medical attention and then legal attention.
Fortunately, many of us personal injury attorney types offer free consultations and take cases on contingency. Thus, there is nothing to fear when calling.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
4160 Temescal Canyon Road, Suite 306
Corona, CA 92833
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law and does so anywhere in the State of California.
Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
You will need to discuss your compensation with a personal injury lawyer that is tough, aggressive and one that would advocate your rights immediately. No longer hesitate. Contact our office immediately for a free consultation. You are in our prayers. Good luck.
ATTORNEY DISCLAIMER TO THE ABOVE ANSWER: The information that I have provided to you is for general information purposes only and shall not be construed as legal advice for your individual circumstance. This information is not intended to create an attorney-client relationship and you should consult with an attorney in your State directly so that the attorney has the full facts, documents, and an account from other witnesses that help support your contentions. If you like my comment, please click on the thumbs-up link below.
I join my colleagues by encouraging you to obtain an attorney immediately.
Very sorry for your loss and accident.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
I fully agree with everyone here that says you need to get an attorney as soon as possible. There are insurance issues, issues of whether the defendant has additional coverage and possible other assets. It is critical that your and your cousin's case is investigated immediately. You should probably talk to a firm like Greene Broillet & Wheeler. I have no business affiliation with that firm.
So sorry to hear about your loss. You should contact an attorney who specializes in personal injury and wrongful death cases. Both you and the parents of your cousin have claims against the at-fault driver who caused this crash.
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