A new national group focused on criminal justice issues is prioritizing Michigan as a state where it will pursue changes… read more
No one wants to think about a lawsuit that involves a wrongful death, but you deserve the right to hold the negligent party responsible. Although a financial settlement won’t bring your loved one back, it can ensure that it won’t happen to someone else and see you through a difficult time as you adjust to a new life.
Burden of Evidence
In a criminal case, the standard of proof is that the defendant was responsible “beyond a reasonable doubt.” In a wrongful death suit, the burden is much lower, but you do need to establish negligence, which is a key element in a wrongful death case. The other important element is that there must be financial damages. Although you may not be emotionally prepared to deal with this, you don’t want to wait too long. Evidence can be destroyed or lost and witnesses forget. Your state may have a statute of limitations, too.
What Damages Can Be Awarded?
Financial damages in a wrongful death case won’t ever make up for the loss of your loved one. However, they do go a long way in providing for the economic loss. This is very important if the deceased is the breadwinner in a family with children. Many different items are considered when determining the amount of damages that are awarded. To learn more about what a wrongful death case entails, visit this website for a wrongful death lawyer in Escondido.
The Democratic governor signed a plethora of bills on Monday, including AB258, which prevents doctors and hospitals from denying organ transplants to people who use medical marijuana… read more
An unintended casualty of California’s criminal justice realignment of 2011, which shifted low-level criminals from state to county custody to relieve prison overcrowding… read more
Once you die, you have no control over what happens in the world of the living. Or do you? In the modern world, the system of law ensures for the deceased to have ways of controlling his or her asset even after death. Specifically, the probate process can help you, if you prepare early on.
First of all, what is a probate? It is the way in which your estate is administered and processed through the legal system once you die. The most important thing to know is that it is not a matter of choosing between a probate and a will. This is because frequently, a probate is necessary with or without the presence of a will. However, having a proper will can make the process smoother and it is the best way to ensure that your wishes are upheld. A valid will is there to determine how and to whom your estate is transferred. A will can also specify your personal representative, who will be in charge of your estate upon your death, saving your beneficiaries precious time.
However, if there is no valid will, the state’s laws will kick in and determine who gets what parts of your estate. The court can also determine who your personal representative will be, because there is no one specified by you. Most frequently, a family member is chosen, such as your spouse or an adult child.
So how does the process work? The appointed personal representative files a “Petition for Probate of Will and Appointment of Personal Representative” to the probate court. Once the court acknowledges the validity of your will, it takes steps to ensure that debts you owe are paid. For example, it could order the representative to put a notice in the local newspaper, so that creditors or anyone else who might think that they have an interest in your estate can make contact. The court will also make an inventory of your property to ensure that any outstanding debts are covered before assets are distributed to beneficiaries. Once your debts have been cleared, the court transfers assets to your beneficiaries.
There are straight-forward parts of the process, but also complications that could occur. Most commonly, the issue of what’s probated where can cause confusion, as laws differ state by state. Another complicating factor is that probate is not applied to all of your estate.
It is best to consult a law office in your area about local laws as well as what is counted as probate property to determine what can be covered in your will. To get more information, visit a probate attorney in Temple http://www.whorleylaw.com/family
Frederic S. Ury, contributor and chair of the ABA Standing Committee on Professionalism, discusses “The Relevant Lawyer… read more
It takes dozens of thick volumes of leather-bound books to outline the details of a small section of the law. Here, the topic of Canadian criminal law fills the shelf.