For legal purposes, negligence refers to a person’s actions or failure to act in accordance with a duty owed to another person. If you intend on having a personal injury lawyer file a claim on your behalf, it is not sufficient to simply state that the defendant acted negligently in some way. There are four elements of negligence for every personal injury claim. A personal injury lawyer building a case in Tracy or Livermore must demonstrate that each element is present.

Duty of Care

This first element is often the easiest to prove. The personal injury lawyer must demonstrate that the defendant owed a duty of care to the plaintiff. In auto accident cases, for example, this means that the defendant owed a duty of care to drive in a reasonably safe manner, such as by obeying traffic signals. In some cases; however, proving that a duty of care existed can become more complicated. For instance, in dog bite cases, a dog’s owner may not owe a duty of care to a trespasser on private property who is bitten by the dog.

Breach of Duty

The second element of a personal injury case involves proving that the defendant somehow breached the duty of care. In an auto accident case, this may be accomplished by using the police report to prove that the defendant ran a red light.

Causation of Injury

Thirdly, the injury lawyer must prove that the breach of duty of care directly led to the plaintiff’s injuries. For instance, if the defendant ran a red light and immediately struck the plaintiff’s car, then it’s usually clear that the plaintiff’s injuries were caused by the defendant’s actions. However, if the defendant ran a red light and did not strike the plaintiff’s car until he or she had traveled several miles, these two actions may not necessarily have a causal relationship.

Causation of Damages

Finally, personal injury lawyers must prove that the plaintiff has incurred losses as a result of the injuries. This is typically accomplished with medical bills. Future damages may also be calculated, such as the loss of future wages if the plaintiff’s injuries prevent him or her from working.

A trust is a financial arrangement that a lawyer can set up for you. While trusts can be very useful for many people, not everyone needs one. Generally, it’s advisable to have an estate planning attorney set up a trust on your behalf if you have substantial assets or complicated financial situations. For guidance on whether a trust can benefit your family, watch this video and contact an estate planning attorney near Tracy or Livermore.

The expert in this video discusses some of the types of trusts available and explains why some people may want to have a lawyer establish them. For example, upon your passing, any assets managed within your trust will bypass the probate process. This can help ease the transition of your passing for your surviving loved ones. Additionally, trusts may confer certain tax benefits.

If you’ve visited an estate planning attorney to draft your last will and testament, you’re already taking a step in the right direction. However, wills are not a “one and done” solution. At certain points during your lifetime, you should revisit a lawyer in the Tracy or Manteca areas to update your will. If you’re ever unsure of whether it’s time to update or completely revise your will, a lawyer who handles estate planning matters can offer guidance.

When You Move

A move across town doesn’t necessarily necessitate an update to your will, unless of course, you’ve experienced other changes in your life circumstances. However, if you’re moving across state lines, you may need to consider talking to an estate planning lawyer. This is because some states are community property states, whereas others are common law property states. This difference refers to the way in which the law treats marital property.

When You Expand Your Family

You can use your last will and testament to designate beneficiaries for your treasured possessions , but families are subject to change. When you marry (or divorce), it’s time to update your will to reflect new beneficiary preferences. If you marry and acquire new stepchildren, you should be aware that these individuals may not necessarily inherit anything from you unless you specify their inheritances in your will. It’s also a wise decision to revise your will when you have a new baby or adopt a child. In these cases, designating the kids as your beneficiaries is just one of the reasons to update the will. You’ll also need to designate a legal guardian in the event that you pass away before these children become adults.

When You Acquire or Sell Major Assets

You may have left your artwork collection to your sister, but what happens if you decide to sell it or give it away instead? You may wish to update your will to leave your sister a different family heirloom instead. Similarly, if you acquire a major asset such as a boat, you may need to add a beneficiary to your will.

If you’ve been injured as a result of someone else’s actions, you can consult a personal injury lawyer near Tracy or Manteca to assess whether you may have the basis for a claim. A personal injury lawyer may file an intentional or negligent tort on your behalf. An intentional tort is filed when the defendant is accused of acting intentionally to cause your injuries, whereas a negligent tort involves injuries that arise from negligent acts. Of the different types of claims a personal injury lawyer may file, negligent torts arising from car accidents are among the most common.

An accident attorney can also file a personal injury claim after a victim has been attacked by someone else’s dog. Slip and fall cases, which are referred to as premises liability cases, arise when an individual slips or trips on someone else’s property. In these cases, the lawyer must demonstrate that the property owner or manager knew or reasonably should have known that the hazardous condition existed, yet failed to fix the problem in a timely manner.

An advance directive does not deal with your finances, but it’s still an important component of estate planning. When it’s time to visit an  estate planning attorney located in Tracy or Manteca, you can have him or her create your advance directive along with your last will and testament. This legal document informs your family members and healthcare providers of your healthcare preferences in the event that you are no longer capable of communicating these preferences.

In an advance directive, your attorney could explain that you prefer to accept or refuse life-extending medical care. Use this document to specify your preferences regarding tube feeding, artificial respiration, and dialysis. If your heart rate or breathing stops, medical providers will need to know if you want to be resuscitated. If not, this is often referred to as a DNR, or a do not resuscitate order. Along with your advance directive, consider establishing a durable power of attorney for healthcare. This is a legal document that designates a healthcare proxy, which is a person whom you entrust to make healthcare decisions on your behalf if you are no longer able to. Your healthcare proxy will follow any preferences specified in your advance directive.

A personal injury case can involve complex issues, which is one reason why it’s advisable to choose a highly experienced personal injury lawyer with offices in Tracy or Livermore. Your personal injury lawyer must not only prove the actual cause of your injuries, but also the proximate cause or legal cause. Proximate cause is a key concept in holding a defendant liable for negligence . To better understand proximate cause, it may be easier for your personal injury lawyer to explain what proximate cause does not entail.

For example, if you drive through an intersection and a car nearly hits you, you may be understandably upset. As you continue driving, your distressed emotional state may prompt you to hit a parked car and sustain injuries. In this instance, the negligent driver may have remotely influenced your accident, but his or her actions do not constitute a proximate cause. To prove that proximate cause does exist, your injury lawyer would have to demonstrate that the defendant could reasonably foresee that acting in a negligent manner could have caused your injuries.

Estate planning can be complicated, but delaying getting your affairs in order may lead to undesirable consequences. If you’ve experienced a change in life circumstances, such as the birth of a child, a marriage, or the death of a family member, it’s time to make an appointment with a will lawyer with offices in Tracy or Livermore. Your estate planning attorney will walk you through the process step-by-step.

Will

Wills are a cornerstone of estate planning. A will serves several functions, including providing for the distribution of your property in accordance with your wishes. If you die intestate, which means without a last will and testament, then your property may be distributed in accordance with the laws of your state. Of course, it is not necessary to list every valuable item you own in your will. A simple will may leave all of a person’s possessions to his or her significant other. Or, you may designate most of your possessions to one person, with the exception of certain family heirlooms to be passed along to other individuals. You can also use your will to make charitable contributions and designate an executor. If you have minor children or you care for a permanently disabled individual, you can use your will to designate guardians .

Beneficiary Designations

You may have other beneficiaries in addition to those you name in your will. If you have a life insurance policy, you should check your designated beneficiaries and update this information if need be. You may also designate beneficiaries for your retirement plans.

Trust

You may choose to have your estate planning attorney establish a trust, which may provide tax advantages for your heirs. You can also use a trust to control the distribution of property after your death. For example, you may wish to leave assets to your minor children, but you may not necessarily want them to have access to the funds right away. You could structure your trust so that your children will receive a certain amount at specific intervals. A trust can help prevent financial irresponsibility among younger beneficiaries.

It’s often thought that only certain breeds of dogs have a tendency to bite. But in fact, any dog may attack in response to a perceived threat. If someone else’s dog has attacked you, a lawyer can help you secure compensation for your injuries. There are a few steps you should take before you visit the office of a personal injury lawyer in Tracy or Manteca. Gathering documentation of your injuries will substantiate a claim that your injury lawyer can file on your behalf.

Gather Important Information

It’s essential to determine the dog’s owner or other person who had control of the dog when the attack occurred. If possible, write down this individual’s full name and address. Write down the names and contact information of any witnesses who may have seen the attack. If you have your cellphone with you, take photographs of your injuries.

Get Medical Help

Getting a medical evaluation after a dog attack is always advisable. Dog bites can easily spread infections . A medical provider will need to disinfect and bandage the wound. You may need to take antibiotics and pain relievers, and you may need a series of rabies shots. Your medical records will help your lawyer prove your damages.

File a Report

Check with your municipal government to determine which agency is responsible for handling dog-related complaints. Then, file a report with the county or city authorities, even if you do not know who owns the dog.

Contact an Injury Lawyer

Once you’ve gotten medical help and filed a dog bite report, it’s time to get in touch with a personal injury lawyer. Schedule an initial consultation and compile a list of questions you may have about your case. When you go to the appointment, bring any documents that are relevant to your case, such as copies of your medical records and receipts, photographs of your wounds, and a copy of your filed report.

Keep Good Records

If you do file a claim against the owner of the dog, your lawyer will need to prove your damages. If you missed time at work because of your injuries, keep track of your lost wages. Document all of your medical expenses, including pharmacy co-pays. Make notes about any other way your injuries have affected you.

After the loss of a loved one, you may decide to visit a personal injury lawyer located in Tracy or Manteca. A personal injury lawyer may be able to file a lawsuit on behalf of your family if it is determined that your loved one may have died due to another person’s negligence. This type of lawsuit is known as a wrongful death claim. Attorneys can file wrongful death claims after any type of fatal accident that may be attributable to negligent or intentional reckless actions. These might include motor vehicle collisions, medical malpractice, and product liability cases.

Plaintiffs

If you have a lawyer file a lawsuit on your behalf, then you are the plaintiff in the case. A lawsuit can have multiple plaintiffs. However, state law sets restrictions on who may be the plaintiff in a wrongful death claim . Generally, the plaintiffs are the close surviving relatives of the decedent. In California, wrongful death claims may be filed by the decedent’s surviving children, spouse, domestic partner, or issue of deceased children. If the decedent has no surviving issue, then the plaintiff of a wrongful death claim may be anyone who would be entitled by intestate succession to receive the decedent’s property. Other individuals may also be eligible to file a wrongful death claim, including the decedent’s putative spouse and the children, stepchildren, or parents of the putative spouse. Since wrongful death law is complex, it’s best to consult an injury lawyer about whether you may be able to file a lawsuit.

Defendants

A personal injury lawyer will determine the appropriate parties to name as defendants. If the decedent was killed in a car accident, the defendant may be the other driver. However, the manufacturer of a faulty car part might also be a defendant. If the defendant was killed as an alleged result of medical malpractice, then the defendants might be the attending healthcare staff and the hospital.

Damages

Under California law, the plaintiffs may be able to recover damages—or compensation—for their personal losses and for losses to the estate. Losses attributable to the estate may include funeral expenses, medical bills, and lost wages. Damages for the personal losses of the plaintiffs may include the loss of anticipated financial support, the value of household services, and the loss of love, affection, moral support, and guidance.