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LA County Injury & Accident A ttorneys Serving CA - Car, Truck, Medical Malpractice


Category Archives: Q&A


Q: What happens if I am injured on a boat or watercraft? Can I still bring a personal injury lawsuit?

Many people think the laws that apply to car accidents also apply to boating accidents. However, that is not the case.  Boat and watercraft accidents that occur on a major waterway or in the ocean are subject to maritime law, an entirely separate body of law.  Determining what laws apply to your case can have a major impact on your lawsuit.  They affect timelines to file your claim, amounts of damages you can claim, where to file your suit, and how to determine fault in your case.  The process of figuring out which laws apply to your suit is referred to as determining its jurisdiction.

You can still bring a personal injury lawsuit, but you will need an attorney who knows this area of law and how to handle complex issues involving questions of jurisdiction.   This can often be frustrating to a person who simply wants to file their claim and get compensation as soon as possible.  Another key issue in a boat or watercraft accident case will be insurance. In California, unlike automobile insurance, there is no law requiring boaters to carry insurance. If the boat you were on did not have the insurance or did not have adequate insurance to compensate for your injuries, you may need to seek alternative sources of compensation.

Boat accidents can be every bit as serious as car accidents.  Just because you are surrounded by water does not mean that you are not exposed to serious crashes, slip and falls, and explosions.  However, the mere fact that you are on the water at the time of your accident will mean that you have a much more complicated case ahead of you.  If you were injured in a boat or watercraft accident, call National Choice Lawyers today to speak to our attorneys about filing a claim.


What’s a wrongful death lawsuit? How does it work?

Everyone knows about personal injury lawsuits.  We all see the TV ads and the billboards.  But when an accident causes fatal injuries, you are no longer talking about an injury case.  Now, it has become a wrongful death action.  Wrongful death actions didn’t always exist in the legal system.  In the early development of the law, if someone were killed, there would be no injury to compensate them for since there would be no plaintiff in the action.  However, this was fundamentally unfair, and it didn’t bring to justice the negligent individuals or companies who caused the death.  Therefore, wrongful death actions were created so that the family of the deceased victim could bring an action in tort law.

When you bring a wrongful death action, someone will be selected as a representative to stand in the shoes of the injured victim.  The selection of the family member or representative can be a complicated legal issue.  Depending on what family members are available, it could be a spouse, child, parent, or an appointed representative of the estate.

In these cases, the damages will also be different than a normal personal injury action.  You will not be compensating the family for medical bills that were not accrued, or for years of pain and suffering that the deceased did not live to experience.  However, the family can be compensated for funeral costs, lost earnings that would have supported the family had the deceased person been alive, and, in some cases, for loss of consortium (A legal term describing the loss of support and affection of the deceased due to a wrongful death).

Wrongful death actions in Los Angeles have strict time guidelines.  In some personal injury cases, the victim may be unaware of their injury for a period of time, until the symptoms manifest themselves.  However, in wrongful death, the family is on notice at the time of death that there was an accident.  Therefore, the time for the statute of limitations usually runs from the date of death, and if you do not file your claim within the statutory period, you will lose your legal rights to bring a wrongful death action. Wrongful death limitations for deaths caused by medical malpractice may be shorter.

If you have any questions about Los Angeles wrongful death cases, call National Choice Lawyers today to schedule a consultation.

National Choice Lawyers
6345 Balboa Boulevard, Building III, Suite 273
Los Angeles, California, 91316 USA