Wrongful Death Archives - Silva Injury Law

Mar 8, 2021 | By Silva Injury Law, Inc. | Read Time: 2 minutes | Negligence

Electrocution & Electric Burn Injury Claims in California

Electrocution and electrical burns are regarded as damage that occurs to either the skin or internal organs following a person’s direct contact with an electrical current. Electrocution is the fifth leading cause of work-related injury deaths throughout the United States. Even when the victim does not die, they may experience severe burns, heart attacks, broken bone, busies, and spinal and neurological damage. Electrocution deaths and injuries are most likely to happen to utility workers, electricians, and individuals who work in the construction industry. However, it is possible for anyone to suffer an injury or wrongful death through electrocution and electric burns. If you or a loved one has suffered as a result of an electrocution, reach out to an attorney at Silva Injury Law. An attorney can assess your case and help determine if the electrocution or burn was due to another party’s negligence, and if so, can seek compensation for your damages. HOW ELECTRICTY CAN DAMAGE THE BODY Electrical burns are a result of electrocution. These burns are different from both chemical and thermal burns, as they cause subdermal damage. While electrical burns can cause surface damage, they often damage tissues deep under the skin. These burns can result in a wide range of damages, and in the extreme can cause shock to the brain, injuries to other organs, and even strain to the heart that may lead to death. In addition to damage to the skin, body systems which can be damaged include: Cardiovascular system: The heart is at risk for experiencing severe trauma due to electrocution. It is common for electrocution to result in asystole, which is when there is an absence of cardiac rhythm. This is also known as ventricular fibrillation, which can create rhythms that can be fatal is not treated promptly. Central nervous system: When the current from electricity passes through the body, this can damage both the spinal court and the brain. When this happens, the victim may be unconscious, experience amnesia or be confused about what happened. Long term issues such as psychiatric problems, delayed spinal cord issues, seizures, and damage to the brain and peripheral nerves may occur. Respiratory system: While the lungs are not commonly damaged by electrical currents, injuries can result when a current passes through eh chest or through the brain area that controls breathing. This can lead to difficulty breathing. Musculoskeletal system: Following electrocution, the muscles can suffer damage as a result of the prolonged tetany that can lead to kidney damage and even rhabdomyolysis. ELECTRICAL ACCIDENTS IN THE HOME Electrical burns and electrocution can happen in a variety of ways. They can take place in the workplace as well as in residential areas and in homes. Examples include: When high voltage power lines are left hanging low near homes When construction professionals or contractors making in-home repairs are negligent and leave power cords near water or fail to cut the power while making repairs. Defective products in the home, such as curling irons, power tools and hair dryers can also cause electrical injuries. REACH OUT TO AN ATTORNEY IF YOU HAVE SUFFERED AN INJURY DUE TO ELECTRICAL BURNS If you or a family member has suffered from an electrical burn, reach out to an attorney. Electrical injury and electrocution cases can be extremely complex and often require special expertise. An attorney can best ensure you receive any and all compensation you deserve for your injuries and suffering.

Jun 26, 2020 | By Silva Injury Law, Inc. | Read Time: 2 minutes | Personal Injury

Can Family Members Sue For Wrongful Death In California?

Family members can recover damages when a close relative has died due to a wrongful act that results in death. You can bring a claim for wrongful death in California within two years of the injury that caused the death. Wrongful death cases in California are complicated, so it’s important to work with an experienced Turlock, Monterey, Modesto, or Merced, California Wrong Death attorney that can properly assert your claim and collect the highest possible amount of compensation for your loss. Who Can Bring A Wrong Death Claim In California? The California Code of Civil Procedure (CCP,) Section 377.60 specifies that the following family members have standing to assert a claim for wrongful death: A surviving spouse or domestic partner; Children; Grandchildren, but only if the if all the children are diseased; Stepchildren, but only if they were financially dependent on the deceased; Other parties that can show they would be entitled to collect money from the deceased person’s estate. What Types of Cases Give Rise To Wrongful Death Claims? Any type of case that is based on negligence, recklessness, or intentional wrongdoing can be the basis for a wrongful death claim. These are some examples: Traffic Accidents including car accidents, truck accidents, pedestrian knockdowns, hits and runs, and drinking and driving accidents; Slip and Falls Medical Malpractice Product Liability Sports Accidents Dog Bites The laws governing the specific type of case will apply. For example, the laws providing for “strict liability” for product liability and dog bite cases will also apply to the California wrongful death case. California Wrongful Death Attorney An experienced California wrongful death attorney can collect money for families to compensate them for the following types of losses: Financial support from the deceased; Funeral and burial expenses; Loss of household services; Loss of love, companionship, and affection Loss of moral support and guidance If the deceased died instantly, the claim is limited to wrongful death. If the deceased suffered from their injuries before they died, it is also possible to make a claim for pain and suffering. If your loved one was killed due to the negligence, recklessness, or intentional act of another, you should call an experienced Turlock, Monterey, Modesto or Merced, California Wrong Death attorney to discuss making a claim.

Dec 17, 2019 | By Michael | Read Time: 2 minutes | Wrongful Death

What To Do When Mistakes Causes Death

When a mistake causes a person to lose their life, the family can bring a claim for wrongful death against the responsible parties. If the person was killed instantly, the claim is limited to wrongful death, but if they suffered before they died, there can also be a claim for pain and suffering. These cases are complicated because they involve not just negligence law, but also estate law. The case can’t be officially commenced until a representative of the deceased person’s estate is officially appointed. If you have suffered from the loss of a family member and you believe that it may have been caused by the negligence or recklessness of another, you should contact an attorney that has experience handling wrongful death cases. Types of Wrongful Death Cases Wrongful death can be caused by any type of negligence or recklessness. Common types of accidents that can cause death are: Traffic Accidents – When the operator of a vehicle is reckless or makes a mistake that causes a collision; Medical Malpractice – When a medical practitioner, such as a doctor, nurse, dentist or physical therapist fails to use the proper standard of care; Slip and Fall – When a person that owns or controls the operation of a property fails to take reasonable action to keep it safe; Nursing Home Neglect – When a facility fails to employ reasonable standards to keep residents safe; Product Liability – When manufacturers of a product do not take reasonable precautions to ensure that their product is safe for its intended use. How To Find The Best Wrongful Death Attorney When you’ve lost a loved one, it’s important to find the best wrongful death attorney to handle your case. This will involve finding an attorney that’s an expert in the type of negligence that occurred, and also in handling wrongful death cases.