June 30, 2014

fedexbus

When we lose a loved one it’s always sad.  It makes it worse when the death arose due to irresponsibility. If you believe that the death of a loved one was due to unlawful or negligent behavior, you should consider seeking the advice of an experienced Personal Injury Attorney.

A Tragedy In Our Own Back Yard.

This tragic story happened just a couple of hours from us and it illustrates the necessity of wrongful death litigation.  Rosa Rivera, the mother of a 17-year-old student, is suing for $100 million in general and punitive damages because of the death of her daughter, Jennifer Bonilla.  The death of Ms. Bonilla occurred when a FedEx freight truck crashed into her college-bound bus in Northern California. When the accident occurred it produced a fiery car accident that resulted in the death of her daughter. The motor accident resulted in the death of an additional four high school students and three adult chaperones headed for Humboldt State University. Both drivers also died.

In the wrongful death suit, Ms. Rivera is claiming that FedEx vehicles have a history of catching fire and in the suit it is asserted that FedEx has negligently managed their freight trucks and ignored previous problems of vehicles lighting on fire due to improperly loaded cargo, driver error, or mechanical problems.  Some witnesses declared that they saw the FedEx freight truck on fire before it even crashed into the bus.  In addition to FedEx, the suit also names the estate of the FedEx driver, Timothy Paul Evans, and the bus company, Silverado Stages, as her party claims that the bus did not contain enough emergency exits to allow for escape.

What Are The  Actual Damages?

Ms. Rivera’s lawsuit seeks two types of damages. There are two principal types of damages: general (also known as compensatory or actual damages) and punitive damages.  The purpose of general damages is to provide just compensation for a victim.  In the case of a wrongful death suit, general damages would include projecting the potential income lost when attempting to provide restitution to the family.

Punitive damages essentially seek to punish the guilty party for unlawful behavior.  The rationale behind punitive damages is that by requiring more compensation for such misconduct, it provides incentive to prevent the re-occurrence of such behavior.

What Are The Features Of Wrongful Death Litigation?

In any wrongful death action, the death of a person must be the result of a wrongful act or negligent comportment of another party. If a judge or jury do not believe that the death occurred because of negligence or a wrongful act, a party would be unable to win their case.  In the state of California, claims are usually filed by someone with a close connection to the deceased.  Although there are exceptions, it usually signifies a surviving spouse, parent, domestic partner, or child.

If you lost a loved one due to the wrongful or neglectful behavior of another party, you should contact The Law Offices Of Guenard & Bozarth.  We have a great deal of experience and a strong reputation in the field of wrongful death litigation and work to compensate you for your loss.  We have dedicated and experienced lawyers who will do everything possible to help you win your case.  Call us at 888-809-1075 24/7/365 or visit us at https://gblegal.com/wrongfuldeath.php  We Can Help!

 

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CAR ACCIDENT INJURY

Guenard & Bozarth llp obtained a $2,962,903 jury verdict in the Sacramento County Superior Court for plaintiff David Schoonover, who suffered head and neck injuries and fractures in a head-on accident on Roseville Road in Roseville on July 22, 2012

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Guenard & Bozarth LLP recently settled a case for $300,000 involving a hair weave that went terribly wrong. Our client was a young lady, and aspiring model, who experienced pressure necrosis from a tight weave and it changed her life.

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Guenard & Bozarth LLP recently settled a slip and fall case for $500,000 a couple weeks before trial. The client slipped and fell on a wet piece of cardboard in a grocery store and sustained a serious shoulder injury that required surgery.

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On February 13, 2013 Maricela, a Certified Nursing Assistant presented to Santa Barbara Cottage Hospital Emergency Room with complaint of neck and back pain. She was diagnosed with a neck strain and was given Ibuprofen and instructed to return if her symptoms did not subside.

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