Tag: california

by James Adam

Tesla Sued Again – How To File a Wrongful Death Case In California?


People

Tesla is in news for all not-so-right reasons again. No, we aren’t talking about the CEO Elon Musk any twitter repartee but it’s about his much-touted Tesla cars whose advanced autopilot mechanism has allegedly been responsible for the death of innocent lives in California.

In the recent case, Jeremy Beren Banner died when his Tesla barged into a tractor-trailer while “Autopilot” mode was activated. The aggrieved family has sued the automaker for wrongful death.

For the uninitiated, the Fremont-based company for years has been accused of continuing with its ‘far less competent autopilot jeopardizing the life of its drivers on road.

A consumer report quoted, “It’s incredibly nearsighted. It doesn’t appear to react to brake lights or turn signals, it can’t anticipate what other drivers will do, and as a result, you constantly have to be one step ahead of it”.

And to say that this case is not the only one in itself is a big wake up call. In fact, Musk once touted Tesla to be the safest vehicle on the road. But the slew of fatalities has exposed the weakness of its advanced features and uncovered the dark underbelly of the auto technologies (AI & ML) that are putting drivers at risk.

Yet federal investigators are considering different possibilities if in case the driver was at some fault and Tesla is somewhere an easy target.  This is debatable, though.

This underpins the prevalence of wrongful deaths in this US state. Going by the latest stats, California accounts for 11% of the total auto fatal deaths. In 2018 only, 4,85K + car collisions were reported with 3,898 deaths!

If the car accident is not natural like the aforementioned case, you can sue the other individual or the entity (Tesla) responsible for personal injury or wrongful death.

What Is Wrongful Death Claim?

A wrongful death claim involves the death of a person owing to someone else’s fault. This involves car accidents, medical negligence, and even faulty product cases.

Whether its an act of bad intention or sheer negligence, if you have suffered a personal loss, you own the right to make the culprit accountable for the actions and seek compensation against the wrongful death.

Who Can File a Wrongful Death Lawsuit?

No one is prepared to cope up with an untimely loss of a loved one ever. However, if you happen to be in such turmoil and there is another party deemed responsible for your personal loss, approach a civil court to seek justice and win suitable compensation.

California Code of Civil Procedure section 377.60 has clearly defined who in what situation holds the right to sue another party. Every state has its distinct rules for who holds the rights to win compensation. The plaintiffs include

  • Immediate family members such as spouses, and children including adopted
  • Distant relatives such as cousins, uncles, grandparents
  • Direct sufferers from the wrongful death even if not blood related
  • Parents and even guardians

However, you need concrete evidence to justify your claim on seeking compensation for the wrongful death claim in California. Often, in conflicted situations, you’ve to provide evidence such as photographs, videos, and other memorabilia to prove your relationship with the deceased.

How To Apply For Wrongful Death Claim?

If your family member or friend has met such fatality, consider pursuing a wrongful death lawsuit in the local civil court. The major steps include:

1. File Official Complaint

The first and foremost step is to officially file the accident. You can call 911 for immediate medical assistance and then reach out to the police authorities. It need not be told that many car accidents go unreported and often settled outside the court to avoid litigation altogether.

However, if you feel gutted with the mishappening and physical damage and need nothing less than the justice served.

2. Legal Consultation with Experienced Wrongful Death Attorney

Wrongful deaths can be very complex, especially if you’re up against a big company such as Tesla or individuals with unquestionable public reputation. And the lawsuit may stretch for years before you can reach an acceptable resolution.

We recommend getting in touch with a knowledgeable and experienced lawyer for strong legal representation and claim the rightful compensation against the damages.

3. Determine Damages (Quantifiable Loss)

No monetary benefits can fill the void in your life. Right? Yet grave injuries or absence of a person in your life can have financial repercussions such as

  • Medical expenses on treatment, medicines, tests and many such procedural costs
  • Pension and other medical coverage
  • Wage loss
  • Inheritance loss
  • School fees, rent, and other basic necessities

In case of immediate death, ambulance and burial costs are also added. There are states which have put a cap on the damages you can claim but as such California is under no obligation.

Your attorney can guide you through to determine the tentative cost and create an estate with the local court to provide the plaintiff the compensation.

4. Gather Evidence for Legal Presentation

As you’ve determined the compensation amount, file an official lawsuit with the court and send a legal notice to the defendant to respond. A definite time is notified within which the accused has to plead guilty or not.

Make sure you have concrete evidence to support your claims as to the person who could have told the first-person account either is gravely injured or dead.

You might need more than just the testimony of the witnesses who may or may not turn up on the trial. If possible, take a written statement to have a backup plan!

Investigate the case and find more resources to get authentic proofs to strengthen your claims. For instance, you can have product reports stating the potentially fatal flaws or the company’s callous response to your queries so on so forth.

Depending on the defendant’s response, a trial begins wherein the collected evidence is produced and discussed to substantiate the credibility of the lawsuit filed.

If you have a specialized attorney by your side, gaining new insights and substantiating the in-hand evidence is not a far possibility to win the trust of the judge.

Remember, all these efforts would be in vain if you do not file the lawsuit within the statute of limitations. Just like other California laws, wrongful death claims are supposed to be filed within 2 years from the date of the death.  Any delay would dismiss your right to file the case or seek compensation.

5. Final Verdict 

The duration of every lawsuit depends on the nature of the case. In most wrongful death lawsuits, the judge offers the option to mutually settle the case to cut short the often-agonizing trials that may cost you extra money and time.

For instance, if a defendant sees scathing evidence against them, he or she may propose for an out of court settlement to save his public reputation.

In an otherwise case wherein, the plaintiff refused to budge from the stand or defendant does not agree on the compensation amount, the trial continues and a final verdict comes within due course of time.

The Bottom Line

The unfortunate demise of your family members or friends can be emotionally devastating. However, if there is sufficient evidence to believe that it could be someone else’s wrongdoing, connect with seasoned wrongful death attorneys in California to discover the various possibilities on the table.

Schedule a FREE consultation and explore the most viable options available after suffering a mighty blow to your personal life.


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by Incredible Planet Staff

Buying A Condo: 7 Things You Must Know First


Homes

While a condo is almost like a single family home or an apartment, buying one is different from owning a home because there are so many things to find out. Do not take anything at face value. You need to do more due diligence before you can move in to a certain condo community. Quite often, things are not as they seem, so digging deeper for more details helps a great deal. Having said that, do not fear to buy a condominium for indeed, it comes with many benefits, which outweigh the disadvantages by far.

Here the things you need to know:

Big Is Not Always Bad

Although it is not always the case, it is logical to assume that the bigger the condo community the better it is for you because you may pay lower condo fees. If there are more people, then it means the splits will be among all the people and thus, as compared to people living in a small building, you could pay less money in fees. You will have to ask about the fees though because different condo buildings have different rules. Thus, this assumption about big being better may not always hold water. Also, the more amenities there are the better.

You Still Need To Consider The Location

Many times, we assume that condos are built in the best locations, but that does not mean that one location will always be best for you. You need to consider a few things carefully. For example, from the condo building to where your children go to school, it should be very convenient. Consider also how far you would have to drive to go to work. You will be looking for a condo that is right in the middle of everything. Hospitals, railway station, shopping center and many more things should be considered. The closer they are the better because they will also positively influence the appreciation of the condo prices in future should you wish to resell.

You Will Require Permission To Do Your Décor

You will not spruce up your exterior décor any way you want because there are rules and regulations regarding that. The condo management enforces regulations strictly on décor, especially on the sides facing the streets. While the rules are less stringent about the interior décor, if you are not a rules person, you may be a bit hesitant about buying a condo.

Know The Kind Of Lifestyle You Need

It is right to refer to a condo as a condo community because you will be living in a community of other condo owners and anyway, your houses are separated by walls. You will be sharing all the available public amenities like gym, swimming pools, recreational facilities and others. So, before you commit to buy a condo, ask what kind of demographic the condos are targeted at. If you are a young professional, you might find it hard to live with seniors. Thus, look for a condo community that you can live with comfortably. If you are approaching retirement, then you want a community that has families, people of your age as opposed to an under 30 community.

More Amenities Is Always Better

If you will use all the available amenities, take a condo that offers almost everything. Most people wrongly assume that fewer amenities mean lower condo fees but that is hardly the case. The most important consideration is to find a condo building that is big because it means more occupants. That in return means more people to split the fees with. That way, all the amenities are paid for comfortably and you can use them as you wish.

You Need A Real Estate Attorney

Buying a condo is just the same as buying a regular home and therefore you need a real estate attorney. The most important thing is that an attorney will find out for you about the condo’s reserve fund and how well it is managed. A low reserve fund could mean escalated condo fees for you in future. You do not want that.

You May Not Want To Live In A Condo All Of Your Life

As exciting as living in a condo is, you will at some point want to get out and try something different, especially if you are young. Thus, as you buy the condo, consider the future prospects, especially as you may want to resell it. Ask whether condos in that building sell fast or slowly. If fast, go ahead and buy.

Conclusion

Now you know some essential information about living in a condo. So, if you wish to buy a condo, you should be able to make a better decision. If you are from Los Angeles, you can check out Los Angeles condo sale to understand the market scenario. If you have enough budget to buy a home, you can always do that. But buying a Los Angeles condo can prove to be more affordable when you have a tight budget. If you want a condo in Santa Monica, consult the best Santa Monica realtors to find your dream condo in affordable price.

by Incredible Planet Staff

How Falling Solar Costs Have Sparked an Energy Revolution  


Homes

Once a prohibitively expensive, high-tech novelty, solar energy has undergone a revolution in recent years. Thanks to technological developments and falling hardware prices, solar is now the fastest-growing of all energy sources according to the International Energy Agency. Unfortunately, the highly variable cost of solar from state to state means it’s often difficult to pin down the true cost of an installed system. To get a better handle on the issue, let’s take a look at what you can expect to pay for a solar system and how your location, your choice of installer and many other factors may influence your bottom line.

The Trend Is Your Friend

It’s no secret that solar energy has become markedly more affordable in recent years, but the extent of the price drop has been striking. According to a recent comprehensive study by the Lawrence Berkeley National Laboratory, the cost of solar for residential use has fallen an average of seven percent per year between 1998 and 2016. Over the first half of 2017, preliminary data indicates that costs again fell sharply, declining by about 20 cents per watt. This long-term cost reduction has been driven by both falling hardware prices and reduced soft, or non-hardware, costs.

Establishing a Baseline

As of 2016, the median installed solar energy system cost across the United States was $4.00 per watt. This, however, presents an incomplete picture that fails to capture the tremendous variations in pricing. Location is a major driver in these fluctuations, both from state to state and within each state, because of differences in state and local incentive programs. Economies of scale also play a role, as residential costs are about 19 percent lower on average for 10-12 kW systems than for smaller 2-4 kW systems. Prices vary depending on the installer as well, with some installers charging as much as $1.40 per watt more than lower-cost competitors.

Solar Costs in California and New York

To dig a bit deeper, let’s take a look at two of the states most responsible for driving America’s solar boom: California and New York. By virtually any measure, no other state comes close to the extraordinary adoption of solar power in California. Thanks to detailed studies done by Solar to the People, we know that residential solar costs in the Golden State averaged $18,680 through the first half of 2017, or $3.09 per watt. Average costs across the state ranged from a high of $20,854 in the Shasta Cascade region to $15,939 in the Central Coast. California has seen a particularly steep decline in solar costs in recent years, but prices have begun to stabilize as demand has cooled and installers have had to work harder to find new solar adopters.

New York ranks just inside the top 10 in the total solar electric capacity installed, and solar remains a popular choice among homeowners due to the high cost of electricity. The Empire State enjoys lower overall prices than California, with Solar to the People reporting a statewide average of $16,426 for a fully installed residential system. Regional differences are again significant, however, with typical costs ranging from a low of $12,361 for homeowners in the Ithaca area to a high of $21,104 on Long Island. These variations are largely caused by regional differences in the incentives offered by New York’s NY-Sun rebate program. Long Island residents no longer receive incentives, while homeowners in the Upstate region receive $0.35 per watt and those in areas served by Con Edison receive $0.40 per watt.

Tariff Trouble Ahead?

In addition to the many other factors that traditionally influence solar costs, a new issue has appeared on the scene. President Donald Trump recently imposed import tariffs on foreign-manufactured solar panels, which some fear may lead to price spikes and other problems for solar energy. Fortunately, it’s unlikely that these tariffs will have a significant effect on residential solar energy. Analysts estimate a modest average price increase of approximately three to five percent, as solar panels themselves represent only a small portion of the overall price of residential solar systems.

The cost of solar remains a complex and multifaceted topic, and you can expect your individual solar costs to vary greatly depending on a whole host of factors. Nonetheless, with prices that continue to fall for residential system installations – and a federal incentive program that will remain at a generous 30 percent credit through 2019 – it’s as good a time as ever to invest in renewable solar energy for your home.