Wrongful Death Claim

2013 June 25
by admin

wrongful death claim can be complicated and particular, which is why it is so important to have an experienced Wrongful death attorney at EZER LAW GROUP on your side. As the survivor of a loved one, you can file a wrongful death lawsuit for the recovery of the following three kinds of damages:

  1. The loss of the love, companionship, comfort, affection, society, solace, moral support, and (if a spouse is a claimant) consortium of the decedent;
  2. The value of the household services the decedent would have provided in the future, if any, and
  3. The value of the financial support which the claimant would have received from the decedent but for the death.

After a loved one has passed away, there are only certain people who may file a wrongful death claim. First in line are the surviving spouse, children, and surviving issue of deceased children of the decedent. These survivors can file separately or jointly. If these types of claimants do not exist, next in line are the person’s:

  • parents;
  • then brothers and sisters;
  • then the children of deceased brothers and sisters;
  • then grandparents;
  • and then their lineal descendants

A second group of claimants, which are not covered in the first group are:

  • putative spouse (a person who can prove that he/she had good faith belief that they were married to the decedent, but were not married by law)
  • children of putative spouse
  • stepchildren
  • and parents of decedent

The only way that those qualified under the second group can file a wrongful death claim is if they can prove that they were dependent upon the decedent at the time of death.
The final class of claimant is any minor who can prove that they were a resident of the decedent’s household for 180 days prior to the death and that they were dependent upon the decedent for at least 50% of their support at the time of death.
To determine if you are eligible in any category to file a wrongful death claim, it is important to have a knowledgeable attorney on your side. By hiring EZER LAW GROUP, you can be assured that we will take care of all the paperwork, research, and answer all of your questions. Please call our office for your free and confidential consultation. We can help you answer any questions and tell you how to handle the case.

FREE CONSULTATION LINE- 408-244-3322

Wrongful Death

2013 June 25
by admin

California Wrongful Death Attorney

A “wrongful death” occurs when a person dies due to the negligent, careless, intentional, or reckless act of another person or entity. If someone close to you has died due to the wrongful act or neglect of another, it is important to find a reputable and well-established law firm with an exceptional reputation for handling wrongful death cases.
Time is of the essence in many wrongful death actions. Preserving evidence and identifying defendants are key factors in many of the underlying accidents involving death cases. This requires retaining investigators and experts to commence investigations and evaluations as promptly as possible. Hiring an experienced California wrongful death attorney therefore should not be delayed.

Wrongful Death Statutes

Under traditional “common law” wrongful death actions did not exist. It was thought that the claim of the victim of a wrongful death died with that person. State legislatures realized that this rule failed to compensate family members and others who suffered certain economic and non-economic losses due to a person’s death and enacted wrongful death laws to correct this problem.

California Wrongful Death Claimants

California’s wrongful death laws permit only individuals with a certain relationship to the victim to file a wrongful death claim. Below are the heirs who may file these actions, in descending order of priority:

  • The victim’s surviving spouse, children, dependent stepchildren, dependent minors living in the victim’s household for at least six months, and dependent parents.
  • If there are no heirs as described above, then claimants include those who would be entitled to inherit the victim’s estate under the law of intestate succession: Parents, whether or not they were dependent; if there are none, then siblings or children of deceased siblings; if there are none, then grandparents; if there are none, then children of a deceased spouse.
  • If none of these relatives exist, the next of kin may file a wrongful death suit.

A wrongful death victim’s personal representative can also maintain a wrongful death action on behalf of the individuals listed above. A personal representative is a person appointed by the probate court to handle the wrongful death victim’s assets, or estate. When proceeds are received from the wrongful death suit, they may be distributed by the personal representative according to the wrongful death statute.

California Wrongful Death Lawyer

If someone close to you has died due to the negligent, reckless, or intentional behavior of another party, it is essential that you contact a well-established personal injury law firm. You should ensure that the law firm has extensive experience and expertise in prosecuting wrongful death cases and in particular the type of accident that caused the fatality.

Exceptional preparation of a wrongful death case is a requirement to maximize the chances of success. Proving the potentially high worth of a wrongful death case requires a great deal of skill and experience. Among the many responsibilities and tasks required of lawyers prosecuting a wrongful death include:
  • Determining whether an estate should be created in a wrongful death case. When numerous claimants are entitled to recovery under the wrongful death statute, a thorough analysis may be required to determine whether a probate estate should be created and the claim brought in the name of the estate instead of the individual heirs.
  • Establishing life expectancy. This requires a sophisticated analysis of the victim’s age, health, activities, lifestyle and occupation.
  • Determining the amount of lost financial support suffered by the heir in a wrongful death case. If the decedent was supporting the heirs financially at the time of death, an economic analysis of the victim’s employment history, past wages, and expected future wages is required to ascertain the amount of economic damages to which the heirs are entitled.
  • Establishing a monetary value in a wrongful death claim for loss of companionship, society and comfort. By their very nature these are non-economic damages and therefore not quantifiable through formulas or expert testimony. The extent of compensation heirs can recover in these types of damages relies in significant part on the preparation and artfulness of the lawyers they hire. Convincing juries of the amount to which the heirs are entitled for these damages must be done skillfully through the lawyer’s capacity for persuasion and advocacy.
  • Proving and explaining liability and damages in a wrongful death case to a jury This requires not only talent and skill but the employment of at times numerous experts. As a result these cases are often expensive to prosecute properly.

Highly skilled wrongful death attorney Jonathan Bae at EZER LAW GROUP understand the complex nature of wrongful death claims and have helped clients through the difficult circumstances brought about by these tragic losses. We have obtained exceptional results in death cases. For an immediate consultation regarding a wrongful death of someone close to you, please call us at:

24HR. FREE CONSULTATION LINE- 408-244-3322

No Recovery, No Fee

2013 June 25
by admin

As the old saying goes, accidents happen. But you do not need to suffer unnecessarily.

EZER LAW GROUP provides aggressive, dedicated and knowledgeable accident attorney committed to winning your case. Our staff is sensitive to injury accident claimants who have had their rights taken.
Accidents Types
EZER LAW GROUP specializes in a wide range of accident types including:
– Auto Accident
– Motorcycle Accident
– Airplane Accident
– Auto Accident Death
– Rollover Accident
– Dog Attack Accident
EZER LAW GROUP has a Qualified Personal Injury Attorney in the Bay Area to help you
If you have been involved in an accident, it is important to contact a qualified attorney to help ensure that you are compensated for any losses. You may be able to file a claim to seek compensation for your property damages, medical expenses, loss of income, pain and suffering, and other damages. To learn more about auto accidents, please contact us for a free consultation today. We will evaluate the facts of your case to determine liability and help you receive fair compensation for your losses.
24HR. FREE CONSULTATION LINE- 408-244-3322

Do you really need a lawyer to handle your DUI defense?

2013 June 25
by admin

Some people might enter the courtroom, plead guilty and obtain the same result as if an attorney were standing next to them. However, DUI cases involve a number of technicalities that could seriously affect the outcome of your case, including whether the test results are legitimate, whether you were properly stopped or whether an officer properly handled your case. Representation by an attorney who knows the judge and the prosecutor can affect how severe your sentence might be. An attorney can normally appear for you without your ever appearing in court. A lawyer experienced with the technicalities and nuances in the law can perceive opportunities for complete dismissal of your case or at least a reduction in the severity of the sentence. Whether it is your first DUI charge or you are a repeat offender, the help of an attorney can make all the difference.

At EZER LAW GROUP we understand the technicalities of DUI law and know how to succeed in court. Contact us today for a free consultation.

A DUI lawyer is needed for damage control
An experienced DUI lawyer will be able to examine the facts of your case to determine whether there were mitigating circumstances in your case. Mitigating circumstances can reduce your sentence and help you to avoid jail time. An experienced DUI lawyer will challenge the evidence presented against you and seek to minimize the consequences of a DUI charge or conviction by considering such questions as:

  • Was your blood alcohol (BAC) barely over or under the limit but you are still being charged?
  • Were you unaware of how a prescription drug would affect you?
  • Was the evidence illegally obtained?
  • Are you at risk to re-offend?
  • Have you participated in alcohol education programs?

A good lawyer may be able to get you a better deal
Experienced lawyers know all of the options available to a defendant. We are experienced with alternative sentencing and recovery programs, and we may be able to help you negotiate a felony charge down to a misdemeanor. We work with top experts who can challenge the evidence and help us present your best case in court.

An experienced DUI lawyer can challenge the evidence presented against you
Law enforcement officials must have evidence to convict you of a DUI. Evidence may include field sobriety tests, breathalyzer results, or traffic violations that resulted in your stop. Any evidence that was illegally obtained is inadmissible in court. An experienced DUI lawyer will fully examine the facts of your case, assess the scene of the arrest, interview witnesses and argue for your rights if any evidence was obtained illegally. If there was no legal basis for your stop, we can assert your rights to prevent the use of that evidence against you in court.
Even if evidence was lawfully obtained, it may be challenged on other grounds. For example, some medical conditions can affect the results of a blood or Breathalyzer test. An experienced DUI lawyer can examine the individual circumstances of your case and challenge the evidence used to substantiate your DUI charges in court.

Your first conversation with us is free. Let us help you explore all of your rights and options.
Contact us today for a free consultation with an experienced DUI lawyer. Our Offices in Bay area and Los Angeles, California, are dedicated to providing aggressive criminal defense.

24HR-LINE: 408-244-3322
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How to Claim Wage Loss Benefits after a Car Accident

2013 June 25
by admin

Wage loss benefits are obtainable either through an insurance claim or lawsuit. In either case, aside from the procedural differences of a lawsuit, your claim must be supported. The evidence and other information you will use for your claim is the same in both circumstances.

Calculate Your Lost Wages

Wage loss benefits are commonly referred to as “lost wages”. This type of damage is considered an economic damage because it is calculable according to existing numbers and not merely an estimate. The first step when making a lost wage claim is to calculate the amount of money you lost due to being unable to work. Include any sick and vacation days you had to take in your calculations.
If you are paid an hourly wage, your lost wages can be calculated through multiplying your hourly wage by the number of hours you missed work. If you are salaried, divide your salary to determine how much you make in a single day and then multiply that number by the days you missed work.

Lost Wage Rule Exception

Lost wages are not compensable for individuals that are unemployed. It is not a basis for a claim to say that you were unable to work because of your injury when, in fact, you were not able to work at the time. However, if you were actively looking for work when you were injured, you may still be able to obtain compensation. This would require proof that you were actively looking and likely to find a position but were injured and so lost potential employment opportunities.

Gathering More Evidence of Lost Wages

An extremely helpful document when anticipating claiming lost wages is a letter from your employer certifying that you were unable to work due to being injured. If possible, your boss or human resource representative could provide specific dates and information about your salary. This will support your claim for wages.

Making Your Claim

After calculating the amount of wages you lost and obtaining a letter from your employer it is time to make your claim for wages. Identify your claim as damages associated with missing work due to injuries received in the auto accident. Provide the dates you missed work and why you were forced to miss them, specifically whether you were in pain or seeking treatment or any other cause regarding your injury or its treatment. Finally, provide the exact value of the wages you lost. Most likely, an insurance company will be amenable to your claim because it is easily verifiable.

Getting Legal Help

If you have lost wages because of an accident received in an auto accident, seek legal representation. EZER LAW GROUP will advise you about making your claim for lost wages, including how and what documentation to use to support your request.

CALL TODAY FOR FREE CONSULTATION: 408-244-3322

What is UM/UIM Coverage?

2013 June 25
by admin

UM/UIM coverage is insurance coverage you carry to protect yourself and your family against uninsured or underinsured motorists. Most drivers in California who have insurance also have UM/UIM coverage.
If you file a UM or UIM claim, it means that you, as the claimant, file a claim against your own insurance company. However, your insurance company then steps into the shoes of the other driver’s insurance company and defends the driver at fault. There are many ways your insurance company can avoid paying you the compensation you deserve. To protect your rights, you should consult an experienced lawyer as soon as possible.

When you present an uninsured or underinsured motorist claim to your own insurance company, they have an obligation, both contractually and statutorily, to be fair, just, and reasonable in responding to your claim. If your insurance company is not fair, just or reasonable, EZER LAW GROUP can pursue what is called a “bad faith” claim against your insurance company.

Free Attorney Consultation

If you have been injured by an uninsured or underinsured driver, call California personal injury lawyer Jonathan Bae at 408-244-3322 for an immediate consultation with no-obligation.

Before You Do Anything Else, Read This!

2013 June 25
by admin

Before you speak to an insurance adjuster, get the information you need to be able to deal effectively with the insurance company’s trained representative. But remember that the insurance adjuster works for the insurance company, and his job assignment is to settle your claim as quickly and cheaply as possible.Do not fall into the trap of thinking that the adjuster is helping you. Be careful. The adjuster may just be setting you up, sucking information out of you that you don’t need to give and having you sign release forms that allow the insurance company to get every employment, medical, school and military record in your entire life. They have no right to most of those records, but they will certainly collect them and use them to their benefit if you let them.
The best car accident attorney in Bay Area will provide you a free consultation, answer your questions, point out your rights and options, analyze your circumstances and advise you about what to do and whether you even need a lawyer.
But keep in mind, there is a two-year statute of limitations in most California personal injury cases. However there are car accident cases that have a 180-day claims filing requirement. When that expires, you lose your right to collect your medical expenses and your other damages.

Free Attorney Consultation
If you have been injured, call Ezer Law Group at 408-244-3322 for an immediate consultation with no-obligation.