In 1994, the country was horrified to learn of the violent deaths of Nicole Brown Simpson and Ron Goldman. Simpson’s ex-husband, former NFL player O.J. Simpson, was acquitted of the murders. However, a civil lawsuit was brought against him and he was found liable for wrongful death. There are significant differences between verdicts in criminal cases and the outcomes of wrongful death accident lawsuits. If you’ve lost a loved one due to someone else’s actions, you can consult an accident lawyer in Riverside to discuss how an accident lawsuit would proceed differently from a criminal case.

As you’ll learn when you watch this featured video, a verdict in a criminal trial is not binding on a civil accident lawsuit. One of O.J. Simpson’s defense lawyers points out that the burden of proof is different. In a criminal case, a defendant must be found guilty beyond a reasonable doubt. In a civil accident lawsuit, a defendant must be found liable by a preponderance of the evidence.

Families often prefer to keep their aging loved ones at home, but unfortunately, this isn’t always possible. Even if your family chooses a nursing home with a solid reputation, it’s important to know that any nursing home resident can become injured due to negligence or abuse. Visit your loved one often and remain alert to the potential signs of negligence. If the resident does sustain unexplained injuries or illnesses, consult a nursing home abuse lawyer in Riverside immediately.

Medication Mistakes
 
Medication errors can be especially tricky to detect, since family members cannot monitor their loved ones 24/7. But if you do notice that your loved one’s medical conditions seem to be worsening, it might be a sign that the nursing home staff isn’t administering the doses as prescribed. Consider having a frank discussion with your loved one’s doctor about this possibility. A physician can let you know about the side effects or symptoms that you should watch out for. If your loved one is hospitalized with a mysterious illness, you could ask if a blood test might reveal medication levels.

Dehydration

Dehydration is a major concern for responsible caretakers of elderly nursing home residents. As a person grows older, thirst recognition isn’t as strong. Plus, many medications can increase the risk of dehydration. Seniors suffering from dehydration may have dizziness, difficulty walking, confusion, low blood pressure, and a rapid heart rate. Since seniors are at a high risk of severe complications of dehydration, they should be seen at a hospital promptly if these symptoms occur. Bear in mind, however, that as a person approaches the end of life, he or she is likely to refuse food and water. Consider whether your loved one’s doctor has advised you to expect his or her impending death before jumping to conclusions about nursing home neglect.

Pressure Sores

Another common nursing home injury is pressure sores, also known as bedsores or pressure ulcers. Many nursing home residents have mobility restrictions. They need assistance at regular intervals to change their positioning and to transfer from a bed to a wheelchair. If a nursing home resident hasn’t been repositioned properly, pressure sores can quickly develop. They most commonly affect the hips, heels, back, ankles, and elbows. Pressure sores become progressively worse when not treated promptly. Eventually, the lesions can cause life-threatening infections .

If your loved one is in a nursing home, the last thing you want to believe is that he or she could be being abused or neglected. Unfortunately, these cases happen all too often, so loved ones need to be vigilant. A common issue experienced in nursing homes is understaffing, which can lead to negligent care. If you suspect your loved one could be the victim of elder abuse or nursing home neglect, contact an attorney in Riverside to find out what your rights are.

Nursing home understaffing occurs when a home accepts more patients than they can adequately care for with the staff that they have. These staffing issues can be exacerbated when nursing homes try to compensate by hiring staff without proper background checks, further putting residents at risk. Understaffing can also lead to unreasonable overtime demands that can make staff careless and overstressed. Consistent understaffing leaves residents vulnerable to falls, missed medication doses, and sores and infections from inattentive personal hygiene assistance. Emotional distress is also possible. If your loved one exhibits these symptoms, contact an attorney to determine if you should file a lawsuit.

The police play an important role in protecting the safety of the community, but what happens when they cross the line? If you are injured or otherwise targeted by police misconduct , you have options. The California State Department of Justice’s Civil Rights Enforcement Section investigates claims of police misconduct vigorously. An accident lawyer in Riverside can also help you pursue a claim against the police if you are injured as the result of misconduct by a police officer. Here is the information every California resident needs to know.

Governmental Immunity

Governmental immunity protects police officers from being sued for doing things that are part of their jobs. For instance, if you are stopped by the police and questioned sternly, the experience may be unsettling, but if the police officer did not step outside of the line of duty and did not violate your legal rights in any way, he or she has immunity from being sued by you. Governmental immunity means that the government has to agree to accept any lawsuit that is filed against it, but that doesn’t mean that police officers have carte blanche to do whatever they want with impunity. There are many laws that allow you to file a lawsuit against a police officer who has engaged in misconduct.

Types of Misconduct

Although many different types of police misconduct exist, the most common cases involve false arrest, malicious prosecution, and excessive force. You may be able to file a case for false arrest if the police arrested you without probable cause. Malicious prosecution involves the pursuit of legal cases against someone without probable cause. For this type of lawsuit, your attorney must prove that the police started a criminal case against you for which you were not convicted, without probable cause and with malicious intent. In an excessive force case, your attorney must demonstrate that the police used force against you that was not reasonable given the nature of the case and your interaction with the officer.

Misconduct Claims

If you believe you have been the victim of police misconduct, contact an attorney right away. A notice of claim must be filed within six months of the arrest. Keep careful records of your interaction with police so that your attorney can rely on them when preparing your case.

If a loved one was killed by someone else’s criminal activity or negligence, such as in an auto accident, then you could be able to file a wrongful death claim . For criminal activity, a wrongful death claim may come in the wake of a criminal court conviction. For a car crash, contact an accident attorney in Riverside for a case evaluation.

If you are injured by a dog bite, you may be eligible to receive compensation for your medical costs and pain and suffering. To file an accident lawsuit in Riverside , contact an attorney with experience in personal injury lawsuits, who can evaluate your case and determine if negligence was to blame. If you are the victim of a dog attack, these tips will help you cope with the incident itself and the aftermath.

Don’t Run Away

If you think a dog is about to attack, resist the urge to run away. When you start running, the dog will begin to chase you, especially if you are running with your back towards the dog. It is better to stand perfectly still and keep your arms down by your side, even if the dog is approaching. Avoid eye contact and remain still. This could cause the dog to lose interest in you. If the dog appears to have diverted its attention to something else, back away slowly, still facing the dog. If your movement causes renewed aggression, stop again and remain still for longer.

Do Put Something Between You and the Dog

If a dog is biting you, grab anything you can to put between yourself and the dog. A jacket, purse, backpack, shoe, or even a stick could all work. Continue to try to do so until the dog stops biting you and latches on to something else. If you are knocked to the ground during the process, try to avoid excessive movement and noises, which will cause the dog to escalate the attack.

Do Protect Your Rights

After a dog attack, getting medical attention is the most important step to take. If your injuries allow, get the names and contact information of witnesses of the attack and of the dog owner. Photograph everything you can about the scene and the attack. Never speak with an insurance company or an attorney for the dog owner without your own lawyer. Contact an accident lawyer as soon as possible to determine if you have a case against the dog owner.

Parking lots can require more upkeep than you might think. Weather conditions, shifting ground, and general wear and tear can cause large cracks and potholes to develop. Oil slicks, burned-out lights, and broken handrails along steps can all contribute to slip and fall injuries . If you’ve sustained injuries in a slip and fall accident in Riverside, contact a personal injury lawyer promptly. He or she can assess the merits of the case and determine which party might be held liable for your losses. In most cases, the at-fault party is the parking lot owner or the maintenance contractor. Sometimes, negligent drivers may be held liable.

Your personal injury lawyer will review all available evidence to find proof that the accident was the cause of your injuries and that the accident was the direct result of someone else’s negligence. For instance, if the parking lot owner was previously informed about a large pothole that you later tripped on, yet the owner failed to correct the hazard, then this person may be held liable.

The loss of a family member is never easy to cope with. The knowledge that your loved one died due to the negligent or reckless actions of another person can add to your grief. You may wish to find closure by pursuing a wrongful death claim. Consider talking to a personal injury lawyer in Riverside about whether you may be eligible to file a wrongful death lawsuit.

What is the legal definition of “wrongful death?”

For legal purposes, a wrongful death occurs when someone dies as a direct result of another person’s or an entity’s negligence or wrongful act. Wrongful death lawsuits proceed in civil courts, not criminal courts. It is possible for the same incident to lead to both criminal charges and a civil lawsuit, which would proceed completely independent of each other. Even if a person is found not guilty in a criminal court, he or she may be held liable in a civil court.

Who is allowed to file a wrongful death claim?

The specifics of wrongful death claims vary from state to state. A personal injury lawyer can determine if you are eligible to file a claim. In California, the decedent’s spouse, domestic partner, and children are legally allowed to bring a wrongful death lawsuit. If the decedent does not have a surviving family member, any party may bring a wrongful death claim if that person would be entitled to inherit property from the decedent in accordance with the state’s intestate succession laws. Other parties may also be able to file a wrongful death lawsuit if they can prove they were financially dependent on the decedent. These people may include the decedent’s stepchildren, parents, putative spouse, and children of the putative spouse.

Is there a deadline for filing claims?

Yes. In litigation, this deadline is referred to as the statute of limitations. California law requires that a party file a wrongful death lawsuit within two years of the date of the decedent’s death. This is one reason why it’s important to contact a personal injury lawyer right away.

What damages may be recovered?

A personal injury lawyer can seek damages that would compensate the decedent’s estate for losses, including the funeral and burial expenses, hospital bills, and loss of earning capacity. The surviving family members may sue for the loss of love, affection, and guidance, along with the loss of anticipated financial support.

Recovering from a brain injury takes time, intensive therapy, and assistance from an accident lawyer in Riverside. As you’ll learn when you watch this video, a severe brain injury can affect virtually every area of your life. A car accident lawyer can file an accident lawsuit on your behalf to secure compensation for medical bills accrued as a result of someone else’s negligence.

With the compensation from an accident lawsuit, your family can cope with substantial expenses like hospitalization, long-term care, physical therapy, occupational therapy, and psychotherapy. As this video explains, many people with severe brain injuries require long-term or even lifelong care. The functional limitations caused by a brain injury can also keep a patient out of the workforce permanently.

Tort law refers to the civil proceedings that can bring relief for plaintiffs who have suffered financial losses, physical injuries, or psychological injuries at the hands of the defendants. Tort actions are complex, and they require the skillful attention of an experienced personal injury lawyer in Riverside. Your personal injury lawyer can answer any questions you may have about tort law, including questions pertaining to intentional and negligent torts.

Negligent Torts

Most tort cases filed by personal injury lawyers are negligent torts. A negligent tort is a personal injury lawsuit filed by the person who was injured (the plaintiff) against the person who allegedly inflicted the injury (the defendant). The lawsuit does not allege that the defendant intentionally harmed the plaintiff, but rather that the harm or financial losses were inflicted as a result of negligence. One common example is a car accident. Hypothetically, John is in a hurry to get home from work and he makes a right-hand turn at a red light without checking for oncoming traffic. Sally, who has right-of-way, drives through the intersection and strikes John’s car because she cannot stop in time. In this case, John could be held liable in a negligent tort. He didn’t intend for Sally’s car to collide with his, but the accident occurred anyway because he failed to check for oncoming traffic. A car accident is just one example of a negligent tort. These cases can include slip and fall incidents, dog bite cases, and nursing home neglect.

Intentional Torts

Intentional torts are less common than negligent torts. As the term implies, an intentional tort case may be filed by a personal injury lawyer when the defendant is accused of intentionally harming the plaintiff. Intentional tort cases can be tricky to litigate because they rely upon the establishment of the tortfeasor’s state of mind. A tortfeasor is a person who commits a tort or act of wrongdoing. One straightforward example of an intentional tort is assault. Using the previous example of the car accident, when Sally strikes John’s car, it is the result of John’s negligence. However, if John becomes enraged by the accident, gets out of his car, and punches Sally in the face, this is an intentional action that may be litigated in civil court. It should be noted that John may face criminal charges as well, which would proceed separately from an intentional tort claim filed by Sally.