Wrongful and Accidental Death | Frank Penney Injury Lawyers

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Losing a loved one is always hard, but losing a loved one in an untimely and unexpected death can be even harder. You may be quick to blame someone for the death of your loved one, but that may not always be the case. You need to make sure you have all the facts before you can differentiate between wrongful death and accidental death.

What Is Wrongful Death?

A wrongful death is usually a death that could have been prevented. To be classified as a wrongful death, someone needs to be responsible for the death through negligence or recklessness.

To have a successful wrongful death case, with the help of a lawyer, you will need to prove the following:

The death was due to the negligence of another person
The way the death took place
The person responsible had a duty to take care of the person who died

A good example of a wrongful death case is medical malpractice. This can occur if a doctor or nurse failed to complete a thorough patient exam, which resulted in them missing an important symptom that could have prevented the death of the patient. This could also include a doctor or nurse giving a patient the incorrect medication or dosage, directly resulting in the patient's death.

To be considered a wrongful death, the person responsible does not have to deliver the final blow—they can also just fail to provide the adequate care they are required to provide. An easy indicator that a death was a wrongful death would be if the police filed criminal charges against the person responsible.

What Is Accidental Death?

Like wrongful deaths, accidental deaths are also unexpected and untimely. However, the big difference is that no one else is directly responsible for an accidental death. It can be difficult to conclude whether a death is a wrongful death or accidental death.

For example, if someone ran a red light and was hit and killed, this will usually be considered an accidental death. The person at fault for the accident is the person who died. The driver who hit them was not being negligent and could not have prevented the accident because they were following traffic laws.

If you are not sure if something is a wrongful death or an accidental death, speak with a lawyer who specializes in wrongful death cases. Their knowledge can help you figure out your next steps.

How Do You Move Forward Legally?

If you speak to a lawyer and they determine that you can prove that the death was due to the negligence of another person, you should be able to move forward with a wrongful death lawsuit. However, if your lawyer does not think the death was due to another person’s reckless behavior, they will let you know that you do not have a case to pursue.

If a lawyer determines that the death was a wrongful death, you will have two years from the date of the death to take legal action against the person responsible. If you wait longer than two years, you will likely no longer be able to file a lawsuit.

If you have lost a loved one in a tragic way and you suspect it could be a wrongful death, get in touch with us today at Frank Penney Injury Lawyers for your free consultation. We believe that everyone who loses a loved one unfairly and at the hands of another person deserves justice and compensation for the life they lost. We work on a contingency fee basis, so you do not pay a penny unless we win your case.

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Our Recent Blog Posts

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By Frank Penney • 09 May, 2024

Tragedy struck on Wednesday afternoon as one person lost their life in a three-vehicle accident on the 215 Freeway in San Bernardino. The incident occurred at approximately 1:23 p.m. beneath the 210 Freeway on the southbound lanes of I-215. According to the California Highway Patrol (CHP), the collision involved a box truck, a white Nissan Frontier pickup truck, and an unidentified vehicle. The CHP's traffic log indicated that both the pickup truck and the unidentified vehicle collided with the box truck at freeway speeds, though the exact reasons remain unknown. CHP officers and firefighters from the San Bernardino County Fire Department swiftly responded to the scene. The traffic log revealed that the driver of the white truck was unresponsive, while the passenger struggled to breathe, both trapped within the wreckage. Efforts to aid the injured were made by firefighters on-site. Tragically, the driver was pronounced deceased at the scene, while the passenger was transported to a local hospital with injuries undisclosed at this time. Fortunately, there were no additional reported injuries. Further details regarding the incident were scarce at the time of reporting. The California Highway Patrol, Inland Office, will undertake an investigation into this tragic event. Experience unparalleled legal representation with Frank Penney Injury Lawyers , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

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By Frank Penney • 09 May, 2024

A significant fire engulfed a semi-truck on the 5 Freeway in Los Angeles, generating dense columns of black smoke and leading to substantial traffic congestion. The incident occurred on the southbound lanes of the 5, close to Roxford Street in the Sylmar/Granada Hills vicinity, around 12:20 p.m. on Wednesday. Initial reports suggest that the semi-truck collided with another large vehicle, resulting in immediate ignition. The Los Angeles Fire Department stated that one male driver managed to escape from the burning cabin, with passing motorists stepping in to help extinguish flames on his clothes and body. Sky5 reporter Rich Prickett observed that the driver sustained severe burns. Emergency services swiftly transported the driver to a nearby trauma center, noting the critical nature of his burns. Firefighters grappled with the inferno for nearly 40 minutes until it was finally brought under control. Unfortunately, the semi-truck, laden with meat cargo, suffered irreparable damage. Hazardous materials teams spent the afternoon addressing fuel and oil spills on the truck route. The crash and subsequent fire brought southbound traffic to a standstill, stretching from the Newhall Pass and casting visibility across the entire San Fernando Valley. Despite the extensive impact, authorities have yet to disclose the official cause of the accident. Experience unparalleled legal representation with Frank Penney Injury Lawyers , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

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By Frank Penney • 08 May, 2024

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