Most people in California are familiar with the legal term “tort,” but according to our Stockton personal injury attorneys there is a good deal the public doesn’t understand about this expansive arena of law. Most often, public exposure to the concept of tort comes at statewide election time when the issue appears on voters’ ballots. Although the issue usually centers on limiting claims for damages, our Stockton liability and injury lawyers know that tort law covers a great deal of legal territory. Consequently, this blog will cover some of the issues involved in torts that our Stockton personal injury lawyers frequently deal with.
Tort law involves civil wrongs which our injury attorneys explain as the claims of one individual or group of people against another person or group. This differs from criminal trials in which the state (not the individual) brings the legal action to court in Stockton. A personal injury lawyer will represent a plaintiff who claims a civil wrong - harm or injury - has been done to him or her by a person or a group. Tort law, according to our Stockton personal injury attorneys, aims to levy punishment for a wrong, as well as to prevent future similar acts.
The dual purpose of tort law can be seen in current actions against car makers throughout the nation and in Stockton. Liability lawyers are representing plaintiffs harmed in car accidents due to faulty equipment – personal injury attorneys are mostly focused on defective airbags produced by the Takata Corporation. Throughout the past year, our Stockton personal injury attorneys have monitored lawsuits involving car makers such as Chevy, GM and others. At the present time, our injury attorneys say there are about several lawsuits pending (including a class action suit), mostly related to faulty airbags. Although a few cases have been settled out of court for monetary damages, several plaintiffs are pursuing trials for the preventative effect a guilty decision might have. Our Stockton Liability lawyers point out this dual-effect is inherent in tort law – one purpose to punish and the other to prevent further harmful acts. In court, personal injury attorneys can further request from the judge an injunction to prevent the company (or individual) from future similar actions. For example, the plaintiff’s liability attorney may ask the court to prohibit the use of airbags purchased from a maker ruled liable for injury. Lawyers at Sette Law closely follow developments of these civil action suits related to defective airbags.
It’s also important to know that in cases such as those just outlined, liability attorneys representing the plaintiff can also extend responsibility (liability) to the entire manufacturing, marketing and sales chain. That means Takata itself can be held liable all the way through to the dealership selling the vehicle in Stockton.
Liability Attorneys contend with Inconsistent Statutes
Our Stockton personal injury attorneys admit that tort law is pretty complicated, in part, because there is no overall federal products liability law. Instead, individual states create liability statutes, so a Stockton liability lawyer must be acquainted with differing laws from one state to the next. To mitigate the lack of overarching tort law, the U.S. Department of Commerce issued its own statutes, known as MULPA (Model Uniform products Liability Act). Stockton personal injury attorneys say there is no requirement to reference MULPA in court actions and state use of these statutes is purely voluntary.
Getting into more detail, our Stockton personal injury lawyers explain that the category of products liability has three distinct areas: strict liability, negligent, and intentional torts. Strict liability is the action our Stockton injury lawyers deal with most. In the case of Takata, for instance, the company may have demonstrated adequate “care” in manufacturing airbags and still be held liable for death and injury. Our personal injury lawyers theorize that this element of products liability will apply in the Takata actions.
Moving on, injury lawyers explain that negligent torts involve someone who does not show “care” and causes harm. Say a drunk driver gets behind the wheel and hits a bicyclist on a roadway in Stockton. Liability lawyers will establish the driver’s intoxicated condition shows he failed to demonstrate required care and was therefore negligent.
Next, our Stockton injury lawyers deal with intentional torts in which an individual causes harm to another through physical assault or some active intent to cause harm. Liability lawyers must prove the action was, indeed, intentional. Intentional tort circumstances may include trespassing, intent to exert emotional distress, false imprisonment. Stockton injury lawyers may also represent people involved in defamation and the invasion of privacy, among other acts, under the title of intentional tort law.
Our Stockton personal injury attorneys and lawyers across the nation, have access to the American Law Institute, commonly referred to as the ALA. This organization is a collection of about 4,000 legal experts who produce the “Restatement of Torts,” a reference publication that clarifies and updates the application of law throughout the United States. Our Stockton liability lawyers can leverage the work of these scholars as circumstance arise for our clients in Stockton.
Liability Attorneys contend with Tort Complexities
Personal injury lawyers are keenly aware of the complexities of liability and tort law and, with many years of study and experience behind us, want to help clients better understand how we may assist them in tort cases in Stockton. Our liability attorneys take on the responsibility of staying informed about changing interpretation of law based on cases across the county. At the same time, injury lawyers feel obligated to inform clients about rulings and opinions that may affect their case in Stockton. Personal injury attorneys know that tort law offers opportunity to victims who, through no fault of their own, are injured due to the negligence, intention or actions of others. In addition, our Stockton liability lawyers get satisfaction from knowing that some tort cases have national implications that can save lives. From cities like Stockton, personal injury attorneys can highlight wrongs that, without tort law, could continue to cause injury and even death. Many injury lawyers believe the current actions highlighting auto makers and the Takata Corporation may be just such an instance of tort law opening the door for greater scrutiny of quality in automobile safety equipment.
Attorneys at Sette Law in Stockton have a unique and deep
understanding of that it means to lose a loved one in a wrongful death. Our
lawyers work closely with surviving family and know the pain and anger that
often linger with families in Stockton. Wrongful death attorneys recognize that
the mere thought of filing a lawsuit may be overwhelming but, at the same time,
survivors may feel a moral responsibility to do so. Unfortunately, California
has a statute of limitations on such action of just two years, according to
Stockton wrongful death attorneys. Consequently, while survivors are still
grieving they must take on the demands of a wrongful death lawsuit. Our
lawyers, however, are prepared to provide the support and expertise needed to
move through the process and onto healing.
What constitutes a Stockton Wrongful Death
Sette attorneys explain that wrongful death involves certain
elements, such as careless or reckless acts that may be intentional or due to
negligence. It is the job of a Stockton wrongful death lawyer to prove
liability for actions that led to a death. For example, throughout 2014
accident and wrongful death attorneys have been working on actions related to
the recall of Takata airbags in many models of cars. Wrongful death and
accident lawyers will look at a chain of responsibility – from Takata to
automobile manufacturers and even dealers in Stockton. Wrongful death attorneys fully expect the
number of fatalities to rise as scrutiny increases across the U.S., as well as
liability in accidents that caused injuries.
Stockton wrongful death lawyers say this nationwide concern
illustrates similar issues on a more personal scale. Surviving family members,
no matter what the cause, seek accountability and justice after a wrongful
death. Experienced attorneys know that compassion is required along with legal
expertise in supporting clients in Stockton.
Our wrongful death lawyers treat each case as if it was of
national importance – because, to surviving loved ones, justice is
paramount. The scope of a wrongful death
lawsuit can be limited, say, to an individual who provided alcohol to an
individual who is later killed in a drunk driving accident or much more
extensive such as wrongful deaths related to airbag malfunction – potentially effected
scores of people. Our Stockton wrongful death attorneys seek to establish clear
liability in these cases.
Responsibility for wrongful death, our attorneys explain,
can be shared. Consider, for example, the owner of a bar who hires a bartender
who fails to check birthdays of patrons and serves an under-age patron who
subsequently dies in a car accident. Stockton wrongful death lawyers may look
to hold the bartender responsible, but an also seek liability of the bar owner.
Of course, it’s not only individuals who have liability in
wrongful deaths. Our attorneys have also looked to corporate entities,
agencies, businesses and builders in Stockton wrongful death actions. In
California, for example, there have been a number of lawsuits involving
assisted living and elder care facilities alleged to contribute to wrongful
deaths. Attorneys in such cases work to establish liability – from the specific
facility (and staff) to corporate ownership that contributed to the wrongful
death. Our Stockton wrongful death lawyers say tracing responsibility in these
instances can be complicated because of many levels of corporate ownership. In
such cases, liability is often shared from the individual level all the way up
the corporate chain.
Stockton wrongful death attorneys also handle medical
malpractice cases. On the occasion that the acts (or inaction) of a physician
leads to a wrongful death, attorneys must delve into the details of medical
practices and treatment. Fundamental to a malpractice action is to affirm the
relationship between physician and the patient who suffered a wrongful death.
Lawyers must then establish a direct link between the doctor’s negligence and
the ensuing wrongful death. A deadly outcome from a medical procedure is
certainly an unexpected blow to surviving family, according to our Stockton
wrongful death attorneys. The family may swiftly move from disbelief to
outrage. As Stockton wrongful death lawyers our job is to help survivors work
though the anger to resolution for themselves and for others who risk
experiencing similar, tragic outcomes.
Compensation for Those Left Behind in Stockton
Wrongful death lawyers know that behind many lawsuits is a
desire to right a wrong, and to protect others. In addition, surviving loved
ones should not have to shoulder the financial burdens such a loss may cause.
Our Stockton wrongful death lawyers can seek financial compensation for losses
incurred by survivors. Some of the conditions a Stockton wrongful death
attorney advocates to repair includes reimbursement for medical costs, for
current and future wages, and even for loss of companionship and comfort of the
loved one lost to a Stockton wrongful death.
Attorneys can also sue for punitive damages when they prove a defendant’s
negligence and liability.
Now, as Stockton wrongful death attorneys, we are aware that
financial compensation can never make up for the loss of a loved one. That
absence will forever be an emotional scar. We know that even the decision to
engage a Stockton wrongful death attorney is a complicated one – with emotions
high and rational thinking affected by profound loss. However, from our
experience, prevailing in a wrongful death lawsuit can bring a level of
relief. Financial burdens caused by a
wrongful death, our lawyers know, can weigh heavily on surviving family. Once
that concern is lifted, family members are free to focus on emotional loss,
healing and the future of their family in Stockton.
Our wrongful death attorneys consider the representation of
survivors is a responsibility and a privilege. In our professional – client
relationship there is trust that we’ll assume full responsibility for legal
details, thereby lifting a burden from the shoulders of our clients in
Stockton. Our wrongful death attorneys offer assurance, support and hope to
people who come to us during some of the worst days of their lives.
Thankfully, most people never experience a wrongful death.
But, our attorneys experience the aftermath of many. We are prepared to provide
the support and expertise demanded by such difficult circumstances. Our
Stockton wrongful death lawyers are committed to helping survivors look forward
to a better tomorrow.
If you are looking for the top Auto Accident Attorney in Stockton then contact Fredrick Sette via
phone or email. Mr. Sette has experience in representing victims of
motor vehicle accidents and their families. Many of our clients are good
drivers and continually try to obey traffic laws when traveling on Highway 99, Interstate 5, and Highway 4.
of the time, these accidents that they are involved in are caused by
someone’s negligence in running a red light or stop sign, failing to
look in all directions, browsing Facebook on their IPhone,
texting, or otherwise acting very careless. When these accidents
occur, the victims are looking for an Auto Accident Lawyer that will
fight for them.
We Provide hands on service to victims of
accidents and wrongful deaths in the Sacramento area. Please contact
Sacramento’s top Accident Lawyer Fredrick J. Sette today.