Personal Injury and Wrongful Death

There are many wrongul death and personal injury cases each year across our country, but in San Diego it has become a major problem in the last 10 years. Many cases filter through the court system each year and many people fail to aquire the representation they deserve when looking for the right lawyer. Arnold Hernandez is a well known Personal Injury and Wrongful Death Attorney Attorney in the San Diego area and has a great reputation of brining justice to those that violate our laws and basic human rights.

A Personal Injury claim arises from accidents and intentional acts. Failure to do something or take action can result in a personal injury claim. The county where the accident occurs generally the place where the lawsuit should be filed. Orange County attorneys are better suited to handle personal injury claims originating in Orange County. A personal injury claim requires proof of several elements. The personal injury claim requires the claimant show that the wrongdoer had a duty to refrain from doing something or take action to keep the claimant from suffering the injury. Among these duties imposed on the wrongdoer are such things as operating a car carefully so as to avoid injury. Not drinking when driving alcohol, using a cellphone or consuming drugs when operating car, as it could result in personal injury to others. Similarly duties are imposed whenever we undertake a project such as building a structure, operating a crane, or prescribing medication. A person is held to the standard of a reasonable person or if they are undertaking duties commonly requiring expertise then the standard is that of a reasonable expert. Doing your best is not good enough. The standard is that of a reasonable person or expert. A second element of proof is to show a connection between the wrongful conduct and the personal injury. If the personal injury is too remote to be connected, then there is no liability. Last there have be damages, there has to be harm to the claimant. A personal injury claim is for harm suffered by the personal injury claimant.

A Wrongful Death claim arises when another intentionally or through his or her negligence causes the death of another. Negligence is the term used to place blame for failing to act as a reasonable person would act under the circumstances. The degree of care is increased when the task that leads to a claim for wrongful death is one requiring great expertise. If an unlicensed contractor installs faulty electrical wiring that causes death because of electrocution the unlicensed contractor would be considered to have been negligent. It makes no difference if the person tried his best or even if the person installed the electrical wiring for free. The person undertaking that job should be as skilled as a professional. When a death occurs as result of negligence. The heirs of the deceased are entitled to bring a wrongful death claim which includes compensation for the economic and non economic harm. Economic harm includes future loss of earnings. The non economic harm includes loss for such things as loss of companionship. The whole idea is to bring justice to the heirs by putting them back in the same place they would have been had the incident not occurred. In California there are instances where the heirs must bring a wrongful death action in a few months. This occurs primarily when the death is caused by a government employee. When government employees cause injury while on the job the agency becomes responsible. It could be a city worker such as the City of Orange, a county worker such as the County of Orange, a state of California worker such as a Caltrans worker, or a federal government worker such as a postal carrier.

Arnold Hernandez’s law firm works on a “no win, no fee” basis meaning that if you don’t win your case you do not have pay the firm anything. You can’t ask for a more reponsive and fair Personal Injury firm then this. He is the very best in San Diego for personal injury and wrongful death claims.


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