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California Movie Theatre Facing Wrongful Death Suit after Child Chokes During Screening

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The family of a young boy with Down Syndrome who died after choking on a hot dog during a screening at a Bakersfield, California movie theatre have filed a wrongful death suit in Kern County Court.

According to the suit, which was filed in mid-August, the 14-year-old boy was at the movie theatre in October of 2012 with his grandfather, when they purchased a hot dog from the concession stand. During the film, the grandfather noticed the boy was choking and attempted to offer aid, but experienced difficulties due to the dark lighting and loud audio from the film.

The lawsuit also cites the cinema staff’s “unreasonably long” response time, in addition to the fact that employees allegedly refused to turn on the lights or reduce the level of the audio. Cinema employees allegedly cited the theatre’s policy, which precluded staff from interrupting the film once it had started.

Despite his efforts, the boy’s grandfather was unable to assist him, and was, according to the claim, forced to witness his grandson suffocate as employees allegedly looked on, without action, while critical moments passed.

Wrongful Death Cases

Dealing with the sudden passing of a loved one is never easy. However, when that death comes as a result of negligence, specifically criminal negligence on the behalf of another individual or entity, it is typically classified as wrongful death.

There are a number of situations that can result in wrongful death. However, there are typically some scenarios that are fairly consistent with these types of legal claims, including cases related to:

  • Drunk driving or driving under the influence
  • Contractor or architectural error
  • Medical malpractice, including misdiagnosis or improper care
  • Dangerous prescription drugs
  • Slip and fall or other premises liability matters

Unlike other personal injury cases, wrongful death claims can only be filed by certain individuals – specifically, the immediate family of the deceased. However, there are cases where state law may allow for other individuals, including those overseeing an estate or a beneficiary.

Have you suffered the sudden, unnecessary loss of a loved one due to the negligent action of another? If so, it is important that you contact a personal injury attorney as soon as possible, in order to explore compensation or other damages that you may be entitled to.

Wrongful Death Attorneys in Los Angeles

If you reside in the San Fernando Valley or the surrounding areas of Greater Los Angeles, our wrongful death attorneys at Fox and Fox Corporation can assist you and your loved ones with the filing of a personal injury claim. We understand that dealing with the sudden loss of someone you love is never easy, and that’s why our team of personal injury specialists is committed to helping you and yours find the justice you deserve.

We have a great deal of experience with handling wrongful death claims, and can provide the sound legal counsel you need during this difficult time.

As a convenience for prospective clients, we are happy to offer a free confidential consultation, to help assess your claim as quickly as possible. To schedule yours now, contact the Sherman Oaks wrongful death attorneys at The Fox and Fox Law Corporation at 8189864494.

Two Men Dead after DUI-Related Crash

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In some situations a car accident is unavoidable. Unfortunately, this is not the case with the majority of accidents which occur on our roadways. Too often they are the result of negligence by one or more parties.

Distracted driving and speeding are the top causes of car accidents in America today, but drunk driving comes in third. In the early hours of July 11 2016, 64-year-old Javier Gonzalez and 59-year-old Rodrigo Mendez were driving to their job at Manning Beef when a Cadillac crashed into their Honda.

Both men were pronounced dead at the scene. The driver of the Cadillac, 21-year-old David Mendizabal, was transported to LAC+USC Medical Center, his legs having been crushed on impact.

Driving under the Influence Suspected

An off-duty EMT, Eloy Lara, was awoken by the sound of the impact and rushed to the scene. After checking the vital signs of both Gonzalez and Mendez, he checked on Mendizabal. Lara smelled alcohol on him and asked Mendizabal if he had been drinking. Mendizabel stated that he had.

Officials are working to determine if Mendizabal will be charged with vehicular manslaughter.

Accident Occurred on “Suicide Curve”

The accident happened on a stretch of road which many in the neighborhood refer to as “Suicide Curve”. According to nearby residents, this part of the road earned its name because cars are often traveling at high speeds and drivers inaccurately judge the severity of the turn.

Flexible posts have been installed to separate traffic along the curve, but locals say this still is not enough. Residents have planned to meet with city officials in mid-July to demand that more safety measures be put in place.

Many Factors at Play in a Car Accident

The NHTSA has recently reported that alcohol was a factor in over 40% of all automobile fatalities. But driver-based decisions are not the only factor which may play a role in a car accident. There are several factors to be taken into consideration, including:

  • The physical condition of the roadway
  • The weather
  • The mechanical performance of all vehicles involved

If you or someone you know has sustained severe injuries in a DUI-related accident, you may have a potential claim for compensation against the negligent or reckless party that caused your accident. At The Fox and Fox Corporation, obtaining the maximum amount of compensation for victims of car accidents is our top priority. We do not charge a fee unless you recover money for your injuries.

Our firm offers free consultations to anyone who has been injured in a motor vehicle accident throughout the San Fernando Valley and other parts of Greater Los Angeles. To arrange for yours today, we invite you to contact us at (818) 986-4494.

Parents of Teacher File Wrongful Death Action after Helicopter Crash

- foxlawcorp

Two parents in Bakersfield, California have filed a wrongful death action against a helicopter company that was supposed to transport their daughter to the hospital. Instead of successfully arriving, the helicopter crashed and killed everyone inside. The daughter was a substitute teacher who was experiencing various pains in her body when a helicopter was sent to pick her up. The aircraft crashed shortly after take off.

Her family is alleging that the company negligently maintained the helicopter and that negligence led to the accident. The cause of the accident is still being investigated but her family hopes that the action will help to heal the pain of their tragic loss.

Why File a Wrongful Death Action?

Wrongful death actions can help provide closure for a family which has lost a loved one through no fault of their own. This is because it can help to allocate blame and then promote ultimate forgiveness. Additionally, wrongful death actions are necessary to hold negligent parties responsible and prevent dangerous behaviors in the future. Without a wrongful death action, the same incident may happen to another innocent individual. Furthermore, wrongful death actions can give rise to financial damages that are sometimes necessary for the remaining family’s survival.

What Damages Are Available?

Though judges usually have the power to be creative in how they allocate damages, there are some common types that are usually given. For example, a family may seek compensation for their loved one’s pain and suffering if they died in a particularly brutal way. Additionally, they may want to be compensated for the deceased’s future earning potential if the individual was the breadwinner of the family. Finally, they may wish to be compensated for their own loss of future companionship, particularly if the deceased is a child or spouse. These are only a few examples of the many different types of damages that may be available in a wrongful death action.

How Do You Win Damages?

The first step to winning damages is to hire a Sherman Oaks wrongful death attorney who is experienced in actions. In Los Angeles, the personal injury attorneys at Fox and Fox have years of experience with personal injury and wrongful death claims. If your loved one has died as a result of someone else’s actions in Los Angeles, you should immediately contact Fox and Fox at (818) 986-4494. We are available to schedule a consultation so that you can begin down the path to healing.

Off-Duty Officer Killed in Car Crash

- foxlawcorp

In the first few hours of 2017, an off duty Los Angeles police officer was tragically killed in a car accident in the Simi Valley. The officer was a passenger in a vehicle that collided with an Uber car as it was driving someone home. There were three other individuals injured in the crash but only one fatality.

Though the cause of the accident is yet unknown, it is being reported that one of the vehicles did not adhere to the applicable right of way laws and ran through a red light. Despite wearing her seatbelt, the officer died on the scene. This unfortunate accident highlights the dangers of automobile crashes in major cities.

Common Causes of Car Accidents

Though most individuals usually think that car accidents are most commonly caused by an intoxicated or impaired driver on the road, there are many other causes of car accidents as well.

Some of the most common causes of car accidents:

  • Distracted Driving
  • Texting and Driving
  • Running Red Lights
  • Running Stop Signs
  • Speeding
  • Poor Weather Conditions
  • Following Too Close
  • Eating While Driving

Though any of these may cause a severe, or even fatal car accident, we observe drivers engaging in these behaviors every day. That is why it is important to be a defensive driver that can foresee a potential accident before it occurs.

How to Prevent a Car Accident

Though most car accidents cannot be prevented, paying attention to the drivers around you may decrease the chances of getting into a serious accident. For example, leaving space between the vehicle and another whose driver is texting, eating or engaging in other dangerous behaviors gives room to swerve and avoid an accident if something happens. Additionally, driving at a reasonable speed and paying attention to changing weather conditions is imperative for making sure that one gets to his ultimate destination safely.

How to Respond to a Car Accident

If after taking all of these precautions a car accident still occurs, it is important to receive the appropriate medical help, contact insurance agencies and hire a qualified Sherman Oaks car accident attorney. An attorney can help to evaluate the situation and determine if anyone is liable for injuries or damage to the vehicle and other property.

If you have been involved in a car accident in Los Angeles, you should immediately contact the personal injury attorneys at Fox and FoxCall (818) 986-4494 to schedule a free consultation, today!

Thirty-one Injured and Thirteen Killed in Truck Accident

- foxlawcorp

A tour bus carrying individuals home to Los Angeles from a casino trip crashed into the back of an eighteen-wheeler semi truck in the early hours of a recent Sunday morning. The cause of the accident is still unknown, but it is reported that the bus driver hit the truck at a very high rate of speed. The bus driver and many of the passengers in the front of the tour bus were killed in the accident as the front of the bus went an alarming fifteen feet into the back of the semi-truck. Other passengers, and the truck driver, were injured but received medical attention upon arrival of the paramedics.

Fatal Truck Accidents

Fatal truck accidents happen around the United States every day. Regardless of the driver at fault, an accident with a truck can be far more damaging than an accident involving two vehicles. This is due to the sheer size and force of semi-trucks. Though the driver of a semi-truck may be paying perfect attention, hitting a patch of ice or losing a tire can be fatal for those sharing the road.

In 2014, there were 3,978 trucks involved in fatal crashes. While this is a decrease from 2013, it still reflects a real danger that most Americans face every day while on the roads. Additionally, injuries from truck accidents increased by 55% between 2009 and 2014. This suggests that while truck accidents became less fatal, the number of “minor” incidents became more widespread.

Potential Recourse

While most truck accidents do not result in death, many result in serious injuries. These injuries may include:

  • Paralysis
  • Brain Damage
  • Bone Fractures
  • Severe Burns
  • Emotional Distress

Despite the potential severity of these accidents, there is recourse for the victims of truck accidents. Lawsuits may award damages for medical bills, emotional distress and lost earning capacity, among other things. This is why it is important to contact an attorney qualified to bring a civil suit in court.

If you or a loved one lives in Los Angeles and has been the victim of a truck accident, please contact Fox & Fox Law Corporation at (818) 986-4494. Our Sherman Oaks truck accident attorneys are available for a free consultation to evaluate your case and provide guidance that can help you recover the damages that you are legally entitled. Truck accidents can be frustrating and scary, but the attorneys at Fox & Fox are ready to walk with you through every step of the process.

$36 Million Verdict for Bobbi Brown’s Wrongful Death

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In late November 2016, Bobbi Brown’s estate was awarded $36 million in damages to be paid by her former boyfriend, Nick Gordon. Bobbi Brown, daughter of the law Whitney Houston, died in July 2015 from cardiac arrest. While the exact circumstances of her death are still unknown, Brown’s father alleged that Gordon gave Bobbi a “toxic cocktail” and then put her face down in a bathtub with water. Bobbi was initially comatose for six months before ultimately dying from cardiac arrest.

While initially requesting $50 million in damages, Bobbi’s estate won $36 million to cover her future potential earnings, loss of enjoyment of life and pain and suffering. It is expected that Gordon will be required to pay his future earnings to Bobbi’s estate until he satisfies the judgment. Though Gordon initially fought the civil suit, he failed to appear to several hearings. No criminal charges have been filed against Gordon.

Wrongful Death vs. Criminal Charges

There are several reasons why an estate will bring a wrongful death action. Sometimes, this is because there is not enough evidence for the government to indict the respondent with criminal charges. Other times, monetary damages are necessary to support the victim’s family.

Wrongful death actions are civil cases, which means the burden of proof is easier to meet. Instead of requiring proof beyond a reasonable doubt, wrongful death actions only require proof by a preponderance of the evidence. Colloquially, this means that the petitioner of a wrongful death only need to prove that it was more likely than not the fault of the respondent.

A wrongful death action is still available despite criminal charges. This means that it can be brought before, after, or concurrent with them. They serve different purposes where wrongful death suits provide damages for the estate or family of the deceased and criminal charges hold someone who is responsible for intentionally causing the death.

Damages in Wrongful Death Suits

Wrongful death suits are appealing because they provide many different options for damages. Some common damages in a wrongful death suit are:

  • Pain and Suffering
  • Future Earning Capacity
  • Loss of Enjoyment of Life
  • Medical Care
  • Loss of Consortium
  • Punitive Damages

If your loved one suffered a premature death, it is possible that there is a wrongful death suit available for pursuit. While no money can bring remedy the loss of a loved one, it can be helpful to provide support for transitioning families. If you live in the Los Angeles area please contact Fox & Fox Law Corporation at 8189864494 for a free consultation today!

Former Athlete Wins $125 Million in Damages from Car Accident

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A 21-year old champion athlete was on his way to work one fateful morning when the car he was driving figured in a car accident that would change his life forever.

Driving his parents’ vehicle to get to work, the plaintiff was about to make a left turn on an intersection when the defendant’s car crashed into him.

DUI Resulting in Injury

The defendant was drunk and had a blood alcohol level of 0.14 at the time of the accident. The defendant also said that he had not slept in 24 hours and had fallen asleep while driving that morning.

Defendant was charged and convicted for DUI. But in the civil case for personal injury that the plaintiff filed, the defendant claimed that the plaintiff was also to blame for the car crash. He alleged that from the speed of the defendant’s car, the plaintiff should have known that the defendant would not stop at the traffic light and had the last chance to avoid the accident by making evasive maneuvers.

Spinal Cord Injury from Car Accident

The plaintiff suffered catastrophic injuries for which he claimed compensation. The car accident resulted in the plaintiff’s head laceration and spinal cord injury which paralyzed the plaintiff from the neck down. His severe injuries led to health complications involving his bladder and kidney and uncontrollable spasms that affected his blood pressure. The victim prayed for an award to cover:

  • Past and future medical expenses, including 24-hour care
  • Past and future loss of earnings
  • Future pain and suffering

After trial, the jury deliberated on the case for 2 days and came out with a total award of more than $125 million to cover economic damages, non-economic damages, and punitive damages. The jury did not find that the plaintiff was negligent in the accident and further found that the defendant acted with malice.

If you or a family member is severely injured in a car accident, getting both medical and legal assistance is important for a complete recovery. Speak to an experienced Sherman Oaks car accident attorney about your accident and find out whether you have a right to claim compensation for your injuries.

Whether you are in the San Fernando Valley region or in any other location in Los Angeles, California, the dedicated attorneys at Fox and Fox Law Corporation can help you. With more 30 years of personal injury experience, we have helped clients recover the maximum value of compensation in catastrophic car accidents and other types of personal injury cases. Call us today at (818) 986-4494 for a free evaluation of your case.

$2.1 Million in Damages Awarded to Truck Accident Case Victim

- foxlawcorp

Due to the disparity in size and weight between trucks and ordinary cars, injuries arising from truck accidents tend to be more severe for the occupants of smaller vehicles. The risk factors in truck accidents are often driver-related such as drunk driving, distracted driving, driver exhaustion, and poor vehicle maintenance. Depending on the circumstances surrounding a truck vs. car collision, injured parties may be entitled to compensation against the negligent or reckless party.

Truck Accident While under the Influence

A California jury recently awarded compensation to a driver who was injured in a truck vs. auto collision. The accident happened in an intersection more than 2 years ago when a delivery truck crashed into the sedan that the plaintiff was stopped at a red light.

Authorities found drug paraphernalia such as needles, foil with drug residue, and a packet of suboxone, a prescriptive drug for treating opioid addiction. Blood tests also showed that the truck driver had methamphetamines and opioids in his system at the time of the crash.

Evidence during the trial also showed that the driver had a long history of drug use, felonies, drug rehabilitation, imprisonment, and license suspension prior to his employment as a truck driver.

Plaintiff also alleged that he suffered mild brain injury, facet injury, and severe whiplash which required extensive medical procedures and lifetime therapy to alleviate pain.

After trial, the jury awarded more than $2 million in damages to cover:

  • Plaintiff’s past and future medical expenses
  • Plaintiff’s past and future economic losses
  • Punitive damages

While an intoxicated or negligent driver can be charged criminally for DUI, the injured party can also pursue compensation in a civil personal injury lawsuit.

If you are injured in a truck accident, several legal issues must be sorted out with the help of an experienced Sherman Oaks truck accident attorney. Your lawyer can examine your case and determine whether you have a right to claim compensation, who the responsible parties are, and the value of compensation that you may have under the situation.

Throughout the San Fernando Valley and other parts of Los Angeles, California, the attorneys at Fox and Fox Law Corporation have over 30 years of truck accident experience. We are dedicated to helping injured clients recover the true value of compensation that they legally deserve. Call us today at (818) 986-4494 to schedule a free consultation with one of our attorneys.

Jury Awards $45M to Children Who Lost Their Mom in Car Accident

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A jury in Los Angeles County recently awarded $45 million in damages to the children of one of two women who died in a car accident in 2012. The children, most of them only in their teens, were those of the decedent who died when a car driven by an intoxicated driver crashed into her and another woman who had gone out to buy tacos from a food truck. The owner of the car was also sued for not taking away her keys and preventing the other defendant from operating her vehicle.

Details of the Car Accident

According to the lawsuit, the decedent felt like having some tacos that night and decided to leave her home and buy them at a parked food truck nearby. The driver of the car had earlier consumed some tequila and was visibly drunk when she drove the car which was owned by a long-time friend.

Police began pursuing the driver, believing that she was intoxicated, having observed her driving on the highway. When police tried to make a stop, the driver refused to pull over and instead sped away, even running a red light. She then entered a parking lot where the food truck was situated and crashed into it, killing the decedent and another woman.

Liability of Car Owner for Accident

While the owner of the vehicle was not present during the accident, the plaintiffs argued that the car owner knew that the driver was drunk but still allowed her to operate the vehicle that led to the car accident. They maintained that the accident would not have happened if the car owner had exercised reasonable care.

The jury awarded $11.25 million to each sibling.

Claiming Compensation for Car Accident

Speeding and intoxication are deadly combinations on the road and have led to the most catastrophic car accidents in California. If you or a loved one is involved in a car crash, getting appropriate medical treatment and care for any injury should be your priority. You should also be able to speak with an experienced Sherman Oaks car accident attorney about your situation in order to determine whether a right to compensation exists under the circumstances.

In San Fernando Valley and other parts of Greater Los Angeles, the injury attorneys at Fox and Fox have over 35 years of car accident experience, helping injured clients recover compensation that they legally deserve.

We offer a free consultation to discuss the merits of your case, and welcome your call today at (818) 986-4494.

Alleged Provider of Prescriptive Drugs Sued for Wrongful Death

- foxlawcorp

A Hollywood actor is facing a wrongful death lawsuit in connection with the apparent suicide of a former girlfriend last year. The decedent was found dead in her L.A. apartment and apparently committed suicide. The actor is denying the allegations against him, calling the wrongful death case a ‘terrible shame’.

The plaintiff is the estranged husband of the decedent. He claims that the defendant used his money and celebrity status to unlawfully obtain and distribute prescription drugs through a false name. He further alleged that the regulated substances obtained by the actor were highly addictive which the decedent used to take her own life. The decedent was allegedly prone to depression.

Persons entitled to wrongful death compensation

Wrongful death is a type of personal injury action which the surviving heirs, usually the spouse, children, and parents of the decedent may file against persons or parties whose negligence or fault caused the death of the decedent.

Wrongful death compensation may be available for:

  • Funeral expenses of the decedent
  • Loss of love and affection
  • Loss of companionship
  • Lost wages
  • Pain and suffering

The plaintiff in the case against the actor did not specify the amount of damages in his claim for wrongful death although he said that the actor reneged on an earlier promise to pay for the decedent’s funeral expenses.

Importance of personal injury attorney

Various types of fatal accidents such as auto accidents, truck crashes, defective products, and other negligent situations can be the basis for a wrongful death case. For a plaintiff to succeed in a personal injury case, it’s important to establish the cause of the death, the negligence or recklessness of the defendant, and the extent of the injury suffered by the decedent’s surviving heirs.

A skilled and experienced wrongful death attorney can sort the legal issues involved and demonstrate essential matters such as:

  • The negligence or recklessness of the defendant
  • The relationship between the plaintiff and the decedent and the nature of such relationship
  • The earning capacity of the decedent

In San Fernando Valley and other portions of Greater Los Angeles, Fox and Fox Law personal injury attorneys have extensive experience in wrongful death cases, helping clients for more than 35 years to obtain the true value of compensation that they legally deserve.

We also handle other types of catastrophic injury cases such as auto accidents, brain injury, medical malpractice, and truck accidentsYou are invited to call us today at 8189864494 to learn more about how we can help you.