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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Criminal and violent acts occur everywhere! If you thought that the outside world is the only place for unlawful and violent acts, you need to know better. Today, people behave in a disorderly manner in their homes as well. It is what forms the premise of a domestic violence crime scene.

Over the years, domestic violence has taken many shapes and forms. Sometimes, it was people beating up, harassing and attacking their spouses, and on other times, individuals wreaking havoc by inflicting physical harm on them. However, there’s always a chance of an innocent person charged guilty of domestic violence, when he/she acted in self-defense. It is essential to free this person from jail and prove him/her innocent at the court. For this, you have to say yes to a bail bond company. To know more on this, you can get in touch with Castle Bail Bonds

However, before you dial a bail bond company, you need to answer a few critical questions.

  1. What is a domestic violence/crime bail bond?

If a defendant is accused of domestic violence or an unlawful act in his house, he/she will get arrested depending on the damage done. However, if you are sure that the defendant acted on defense and didn’t intend harm, you need to call a bail bonds company for availing the bail amount. The bail bond agent from the company clears the bail amount. And this sets the defendant free from prison. He/she can go home, appoint a lawyer, do the necessary research, help the lawyer prepare a strong case, and fight all the accusations thrown at him. 

  1. When should you contact a bail bond company?

You need to get in touch with a bail bond company that grants bail amount for domestic violence crimes. Once the bond is set, you can go ahead and get in touch with the company. Make sure that you connect with an expert bail bond company or agency that doesn’t levy massive interest on you. That way, you will be missing out on your capital. It might cause hindrance to other arrangements you have to make to prove the defendant innocent. 

  1. What is the bail amount for domestic violence crime or domestic assault?

Domestic violence is a relative crime! Sometimes, criminals accused of domestic violence have a record of similar acts. In such a case getting a bail is challenging. However, if it’s the defendant’s first time, the bail amount depends on the damage created. Alternatively, if you are appealing bail for a defendant who is entirely free of charge, you need to present some proof and based on that the bail amount gets decided.

  1. What happens after the bail is granted?

Once the domestic violence bail is granted, the defendant is set free from jail. However, he/she is required to make court appearances as and when required by the court. Any violation will result in a penalty. 

These are a set of essential pros and cons you need to learn about domestic violence bail bonds. There can be other clauses as well based on the crime. You can check with a reputed bail bond company to know more. 

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Finding a lawyer isn’t as easy as it sounds. Sometimes, it can seem downright impossible. That rings true all around the country, as it does in Queens. There are so many practices out there, and when you’re in need for some legal advice, how do you know which one to turn to?

Go up Queens Boulevard and see just how many Queens Law Firm ads you come across. Or, turn to Google to see how that goes. Literally hundreds of results, and no way to honestly know which one is better for your needs.

At least not unless you come prepared. When they’re looking for a lawyer fast, most people have two significant criteria on which to base their choice:

  • A lawyer who specializes in cases similar to yours;
  • A lawyer in your location, in this case Queens.

But from there, there’s still some exploring to do. Here are four things you should weigh in before hiring a lawyer in Queens.

  1.  What’s the Payment Process?

Here’s one of the first things you should discuss with your lawyer: how they’ll bill you for representing your case. Calling an attorney’s office to ask for billing information and not getting it is cause for concern, and you should keep looking at other practices.

In most cases, lawyers are fairly upfront about their rates and payment process. The actual sum you’ll have to pay will depend on your case and, sometimes, even the time of the payment will depend on it. For instance, if you are asking for compensation from a party, a lot of lawyers will work on your case on a commission fee, which means they’ll only get paid a particular percentage of the final settlement. Until then, you won’t have to pay them.

Still, remember to specifically ask about this up front to avoid any unpleasant surprises.

  1. How Are They Going to Handle Your Case?

Even if a lawyer has a lot of experience in specific niches, you should still press to see what they think and plan to do about your case. There may be some particularities that would warrant certain expertise or course of action, and you should know if your attorney will be able to handle them.

Ask about their work process. How many people will work on your case? Do they have their investigator or a person with experience in consulting? You need to make sure all your needs are taken care of, whether it’s by your lawyer or someone on their team assigned to your case.

  1. How Will They Communicate with You?

You hire an attorney to handle your legal needs, but you should still be kept in the loop. Legally, lawyers can’t sign off on any deals without consulting you, but it’s better to know exactly what they are working on.

So ask your potential attorney how they’ll be updating you on the case. Let them know you want to know about all the steps of the process beforehand. If they don’t like this requirement, then it’s best to keep looking. That firm might not be the right one for you.

  1. Ask about Referrals

You should also do a bit of research into the lawyer’s track record before you sign anything. Talk to previous clients to see if they were happy with the services, or check their success rates. It’s always best to find out plenty of information about the Queens law firm and its team before going to them with a case.

Back to You

These are the essential things you should know when choosing a great lawyer in Queens. Remember, the market is full of options, but it’s ultimately up to you to be critical about which firm you take your case to. If you can, take some time to reflect before deciding anything and compare multiple potential attorneys to ensure you make the right choice.

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If you have decided to hire an appellate attorney, it means you have gone through trial and are not satisfied with the ruling delivered by the lower court. Now that you are thinking of making an appeal, you must go with a skilful appellate attorney. You need to hire an attorney who is well-versed in navigating through the legal waters in case of appeals. This is important because the right attorney can increase your chances of success. Here are a few things that you need to remember when hiring an appellate attorney.

Experience matters a lot

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Mastering the skills needed to become a polished appellate attorney takes time and experience. Leafing through documents for errors, carrying out thorough research, penning down persuasive briefs, and presenting effective arguments to judges are all part of an appellate attorney’s job. How well he or she carries out these tasks can make all the difference in a case. You need someone who is vastly experienced in handling appeals. So, experience should be the first criteria for your selecting an appellate attorney.

The appeal must be handled by the attorney

The appellate attorney you select must handle every aspect of your case. Remember that your attorney should be the one with whom you discuss the case details. Further, he or she should be the one to present the brief and argue your case in front of the judges. Sometimes it’s seen that some lawyers take up appeal cases and then refer them to their subordinates. Make sure that this doesn’t happen to you. Before hiring an appellate attorney, ensure that he or she will be handling your case until the end.

The attorney must have persuasive writing skills

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Appellate lawyers need to possess exceptional writing skills. A brief is regarded as the most important part of an appeal. An attorney writes a brief in order to state the facts related to the case and set forth the legal arguments. Based on the briefs, the judges decide if the request for verbal arguments will be entertained by the court or not. As such, it’s extremely important that the brief must be written persuasively and clearly. This means the writing skills of your appellate attorney has to be of excellent standards. So, be sure of this aspect before you hire your appellate attorney.

The attorney must be a refined orator

Presenting arguments in front of a jury in a lower court is vastly different from doing so in front of the judges’ panel in a higher court when handling an appeal. Unlike the trial courts, no examination or cross-examination of witnesses takes place in such courts. The appellate lawyers have to argue their case orally and provide satisfactory responses to the questions put forward by the judges. There is no hard and fast rule as to what sort of question a judge can ask your attorney. So, your attorney must be skilled enough to rise up to the occasion and respond in the best possible manner. As such, you need to hire an appellate attorney who is a refined orator.