A young woman, who was 22 at the time of her murder in 2000, was stabbed 20 times by a jealous boyfriend.  The murder gained access after breaking through the door of the apartment where the young woman and her family resided.  The door had already suffered some damage to a glass pane that was on the upper half of the door.  The damage had been “repaired” by the residents with a some cardboard and duct tape.  The murder, when breaking into the house to kill the young woman, simply punched through the cardboard area of the door and let himself in.

The residents of the apartment had let the landlord of their apartment know that the door was broken and that it represented a security risk.  Who do you think the defendant in the wrongful death suit is?  The murder?  Nope, its the landlord.

This civil case is being brought on the behalf of the young woman’s infant child, who is eligible to hire a San Diego wrongful death lawyer under California law.  If the young woman had not had had a child, then it is my understanding from reading Code Civ. Proc., § 377.60 that there would have been no one to make such a claim before a civil court unless there was someone who would have benefited from intestate succession.
This case is real, and the San Diego 4th District Court of Appeals made a ruling that was deemed worthy of publication (meaning that it can be sited for precedent in other cases).  This overruled a decision made by another judge that threw out the case made against the landlord by the decedents child.

The San Diego 4th District Court of Appeals did not make any judgment on the validity of the plaintiff’s case, but simply said that the case has enough merit to go before a jury.  This is obviously great news to the plaintiff who is trying to recovery monetary damages from the death of his mother.  Can you imagine how much a child suffers without the care and comfort of a mother?

However, I personally don’t think that this case will make much headway with a jury.  The plaintiff’s wrongful death lawyer is going to have a tough time demonstrating to a jury that the landlord of the apartment in question was at least 50% responsible for the death of this young woman.  I mean, how could a jury decide that the actual knife wielding murder was equally responsible for this young w0man’s death as the lazy landlord?

Did the landlord stab the woman 10 of the 20 times?  Did he cause the murder to punch through the cardboard covering and gain unlawful access to the decedent’s apartment?  Did the landlord driver the murder to the decedent’s apartment and did he give the murder the knife and did he show the murder how to kill the woman and did he incite the murder to do so?

No.  So I simply cannot see how any San Diego wrongful death lawyer is going to be able to win a wrongful death case for the child of the young woman.

Landlords, Front Doors, and Wrongful Death in San Diego is a post from: San Diego Lawyer Finder

A San Diego wrongful death lawyer will be able to help you bring civil charges against the person responsible for the death of your relative.  They can help you find some sort of justice within the framework of the law if the criminal case against your family member’s killer does not go as you would have hoped.

What is Wrongful Death?

Wrongful death is a legal claim against a person that can be found under the definition of the law in your state or region to be liable (held responsible) for the death of another human.  It is a civil action made by close relatives of the deceased. Who classifies as a “close relative” is strictly defined by the laws of your particular state or region and can sometimes include the decedent’s estate.

Wrongful death cases are particularly important because they help close a hole in the civil code that would hold an offending party responsible for activities that resulted in injury, but not those that resulted in the death of an individual.  Let’s look at an example of how wrongful death law has closed this hole:

A construction worker, Jim,  is operating a heavy piece of machinery is a precarious position.  They can do this because there is a safety mechanism in place that keeps them from being injured while performing their task.

A co-worker, thinking they are performing an funny prank, disables the safety equipment.  Jim is injured and is able to file a claim in civil court against his co-worker for his injuries.

But what if Jim had died?  Dead persons cannot bring civil suits against others.  So the wrongful death statues help close this hole and allow Jim’s family to make claims against Jim’s co-worker for the wrongful death.

Another important characteristic of wrongful death civil cases is that the standard of proof is different from that of a criminal trial.  As we all know from watching crime show dramas on TV, a person must be proven guilty beyond a reasonable doubt.  This is fairly strict standard of evidence through which juries in our legal system must analyze a case.

Wrongful death cases must submit to the preponderance of evidence burden of proof.  What this means is that it must be more probable that the argument be true than it not be true.  So a lawyer must prove that the death of an individual was simply probably the result of the defendants actions in a civil wrongful death case.  As cam see, this is a much looser standard than the “beyond a reasonable doubt” of a criminal case.

San Diego Wrongful Death Law

In San Diego, California only a select group of individuals can file a wrongfu ldeath claim on behalf of their loved one.  The law that describes who can bring a claim is Code Civ. Proc., § 377.60.  Here is the text of that code:

377.60.  A cause of action for the death of a person caused by the
wrongful act or neglect of another may be asserted by any of the
following persons or by the decedent's personal representative on
their behalf:
   (a) The decedent's surviving spouse, domestic partner, children,
and issue of deceased children, or, if there is no surviving issue of
the decedent, the persons, including the surviving spouse or
domestic partner, who would be entitled to the property of the
decedent by intestate succession.
   (b) Whether or not qualified under subdivision (a), if they were
dependent on the decedent, the putative spouse, children of the
putative spouse, stepchildren, or parents.  As used in this
subdivision, "putative spouse" means the surviving spouse of a void
or voidable marriage who is found by the court to have believed in
good faith that the marriage to the decedent was valid.
   (c) A minor, whether or not qualified under subdivision (a) or
(b), if, at the time of the decedent's death, the minor resided for
the previous 180 days in the decedent's household and was dependent
on the decedent for one-half or more of the minor's support.
   (d) This section applies to any cause of action arising on or
after January 1, 1993.
   (e) The addition of this section by Chapter 178 of the Statutes of
1992 was not intended to adversely affect the standing of any party
having standing under prior law, and the standing of parties governed
by that version of this section as added by Chapter 178 of the
Statutes of 1992 shall be the same as specified herein as amended by
Chapter 563 of the Statutes of 1996.
   (f) (1) For the purpose of this section, "domestic partner" means
a person who, at the time of the decedent's death, was the domestic
partner of the decedent in a registered domestic partnership
established in accordance with subdivision (b) of Section 297 of the
Family Code.
   (2) Notwithstanding paragraph (1), for a death occurring prior to
January 1, 2002, a person may maintain a cause of action pursuant to
this section as a domestic partner of the decedent by establishing
the factors listed in paragraphs (1) to (6), inclusive, of
subdivision (b) of Section 297 of the Family Code, as it read
pursuant to Section 3 of Chapter 893 of the Statutes of 2001, prior
to its becoming inoperative on January 1, 2005.
   (3) The amendments made to this subdivision during the 2003-04
Regular Session of the Legislature are not intended to revive any
cause of action that has been fully and finally adjudicated by the
courts, or that has been settled, or as to which the applicable
limitations period has run.

As you can see, under California law (and therefore San Diego as well) there are several different people who could hire a San Diego wrongful death lawyer to try a case on the behalf of a decedent.  They are:

• A spouse or domestic partner of the deceased
• The children of the deceased
• The children of a deceased child of the deceased
• The beneficiaries of the deceased’s estate
• A dependent of the deceased (includes individuals who “thought” they were married to someone when they really weren’t)
• A minor who was living with the deceased for at least 180 days and received at least 50% of their support from the deceased

This is a long list of people who can file a claim on behalf of their dead loved one.

Another important thing to know about wrongful death claims in California is that you have one year to bring action against the person at fault, according to Cal Code Civ Proc § 340.  This one year limit appears to be a little flexible in the sense that it does not always mean “one year after the decedent dies.”  If, for example, you had no reason to suspect a wrongful death in the passing away of your spouse, partner or parent but then you were later to discover reason to suspect a wrongful death – your one year window to bring action against them begins.

If you have any questions whether or not your have a grounds for a wrongful death claim you need to contact a San Diego lawyer for more information.  You should not construe any information contained within this article as legal advice – it is simply one lay person’s understanding of the law and is purely an effort to make information about this type of case available to those parties interested in learning more about it.  If you wish to seek legal council I recommend you take notice of the content below.

San Diego Lawyers Specializing in Wrongful Death Claims

Estey and Bomberger, LLP - Personal injury lawyers who take on wrongful death claims.  They also offer free consultations and work on a contingency basis.

Here is a video produced by this law firm:

Hallen Law Firm - C. Bradley Hallen has over 25 years of experience in personal injury and wrongful death cases, and we all know how important experience is in finding a San Diego county lawyer.

The Gomez Law Firm - This firm claims to have won the largest wrongful death settlement in California history, receiving $106 million for damages.  I’m not sure what percentage of the settlement went to the plaintiffs in this case, but I’m sure that the Gomez Law Firm was rewarded nicely for their efforts.

Here is yet another video made by a wrongful death lawyer in San Diego:

Be sure that you are comfortable with pursuing this course of legal action before hiring a San Diego wrongful death attorney. The process can be grueling and extremely painful, especially if the case does not go as planned. But be assured, in the end all wrongs will be made right and all those who deserve to pay will pay.

San Diego Wrongful Death Lawyer is a post from: San Diego Lawyer Finder

As the saying goes, the good employment lawyers are the worst enemies of the best employment lawyers. Well, it doesn’t exactly go like that – but you get the idea. Having a lot of good choices about who to fight your sexual harassment firing for you or to stand up for you in the case of a whistleblowing termination case is the worst enemy in the world of you finding the best possible attorney for the job. You will simply grow weary of searching and settle for second (though probably still good) best.

In order to help you cut down on some of those issues we thought we might help provide some advice about what we think about some of the important names in the area of law in the San Diego county area. After all, San Diego is a huge county and ranges from Oceanside and Vista in the north, all the way to Chula Vista and San Ysidro in the south, San Diego city proper, La Jolla, Del Mar, and Carlsbad in between, and goes all the way out to El Cajon and Santee in the east. This is a very big area of about 3 million individuals – do you think there might be just a few attorneys who might specialize in unfair firings? I certainly think so.

The first thing that you are going to want to do before you go out and start your search is get a little educated about what wrongful termination cases actually look like. For that, we have come up with some of the main reasons that you might want to consider hiring a wrongful termination lawyer in San Diego. We discuss some of the major issues like being the victim of sexual harassment, being discriminated against because of your beliefs, gender, race, or sexual orientation, or being fired due to leave taken for pregnancy or a family medical emergency. As is mentioned in that article, if you suffered termination of your employment for one of these reasons you will probably be able to pursue litigation because your employer probably violated state or federal law.

In that article, we also mentioned that many times what we might consider as an “unfair firing” might not be the same as a “wrongful firing.” This is an example I got from a message board on Craigslist:

I worked for a company and my supervisor assaulted me. He has been with the company for 40 years and they fired me the next day. What happened was we got in a yelling match cuz [sic] he was telling a lie on me and I called him on it. He said lets go outside cuz [sic] I guess I embarrassed him by yelling back at him and on our way out the door he pushed me and I pushed him back. I have witnesses that saw him push me first but of course the company fired me and said things just weren’t working out. I talked to one attorney but wanted some more advice or another attorney.

This firing was obviously “unfair” because both men obviously were involved in the altercation but only one of them was actually fired. But since California (and San Diego by association) is under at-will employment laws any employer or employee is able to terminate their relationship with the other for any reason at any time so long as it does not break any state or federal laws in the process.

So the real question here is can an employment law attorney or firm prove in a court of law that this man was fired “in retaliation” for the altercation he had with his supervisor or for any other wrongful reason? I think that the answer is probably no.

I have two reasons for this:

1. This man said, “‘I talked to one attorney but wanted some more advice or another attorney.” This indicates to me that his lawyer, to whom he probably gave even more detail to than he does on this message board, told him that he didn’t have a chance of winning in court. His employer’s attorney could probably just point to the physical altercation as enough reason for the firing and since San Diego is an at-will employment environment that would be a perfectly legal reason to end his employment.  Remember, a San Diego lawyer has a high level of incentive to take on these cases as they can be very profitable for the attorney.  They are in this for the money and if they don’t think they can win your case they will tell you and you should listen to them.  But get a second opinion if you want, they are usually free.
2. The other reason that I don’t think that his case would stand a chance in court is that I don’t think this firing violates any federal or state anti-discrimination laws in any way. There were no rights that were violated and it could be strongly argued that the termination was not only legal, but even appropriate considering normal custom in our society. Who gets into a shoving match with a supervisor (especially one who might be in their 60s!)? Nobody! That is the stupidest thing I have ever heard in my entire life and if I was this individual’s boss I would have fired this guy for just for being an idiot.  In San Diego county that is my right as an employer and I would exercise it.

With all that said, you are going to want to make sure that you understand what actually constitutes a “wrongful termination” if want to win your case.  Having this basic understanding will help you better understand the legal advice given you by a lawyer who might take your case.  You are the first line of responsibility when it comes to your legal matters, not your attorney.  Get education on the topic and read our wrongful termination lawyer in San Diego article to better understand these principles.

Once you have figured all that out, it is time to start getting ready and finding out who you want your lawyer to be. We have also outlined what are some helpful ways to find a San Diego County Lawyer. I won’t go into those now, but what I will go into are some of the firms that specialize in employment law and especially in wrongful termination suits.

Wrongful Termination Firms

This is in no way going to be an exhaustive list of every single firm in the greater San Diego area. That would just be too long and not even worth reading. Instead, what I want offer is some of the general information about a firm or two that really makes it a point to seek out cases like the ones that you may be trying to get resolved. Remember, there are many firms and without getting information on at least a couple of them you won’t be able to find the exact legal team that meets your specific needs on both a legal as well as personal level.

The first is the Kalafer Law Corporation. This firm is run by Alexys Kalafer who has a history that might make her a unique legal representative for your case. If you are a female, you might benefit from Ms. Kalafer’s background as a nurse and as a lawyer. She specializes in personal injury cases, but also has extensive background in employment law since many personal injuries can and do occur at work.

Her feminine touch might also be particularly helpful to women who have suffered any form of sexual harassment – whether it be in the form of an inappropriate email, instant message, physical touch, or verbal comment – from any person at work. It can be embarrassing to tell someone the things said to you or the actions taken against you in violation of your personal space and rights. Sometimes it is really helpful to have a person of the same gender listen to your story as this can help you feel less like you are reliving the pain and more like you are breaking free and fighting back. This can ease the tension and make your already painful experience a little bit easier to deal with. Not all individuals experience this, but this could be your experience with the Kalafer Law Corporation.

Another benefit to this firm is that they offer free consultations on wrongful termination cases so it will cost you nothing to see if she is a lawyer who will meet your needs. Simply give her a call to set up an appointment.

This will go for many of the lawyers that deal with wrongful termination cases and employment law – free consultations appear to the norm.  This is probably true because they only take the cases that they think they can win and then when the settlement comes they are handsomely rewarded for their efforts.  Providing a free consultation is a great way to get people in the door so that is why they offer them.  Unless you are smitten with the first attorney that you meet, chances are good that you might benefit from getting several free consultations from several different barristers to see who will provide you with the best deal possible.

The next firm on the list are the employment law litigators over at Grady and Associates.  What is especially nice about these wrongful termination lawyers is that they have conveniet offices up and down the I-5 corridor at Carlsbad, Mission Valley, and Del Mar Heights.  What makes this even more convenient is that when you call in for a free consulation you can use any one of three of San Diego’s many area codes (619, 760, or 858), making your call cost less (depending on your phone plane).  I am highlighting this firm because of its convenience.

Another aspect of the Grady employment law firm is their level of experience.  They currently have nine employment lawyers in the 15 employees employed there.  Of the 9 attorneys that work in this area of case law, they have over one hundred years of experience handling cases involving employment issues.  That means that on average, each lawyer has been handling wrongful termination cases and their like for at least 12 years.  This level of experience is invaluable when it comes to determining if you case will have merit before a judge.  They will also be able to draw upon their years of experience to ask the right questions of you to determine if you case stands a chance in court or if you are simply a victim of “unfair” termination.

Grady and Associates offers both convenience and an experience set of lawyers.  You might want to consider getting your free consultation with them if they are near you home or new place of employment.

There are many more wrongful termination firms and lawyers that may meet your needs scattered all across San Diego county.  Asking around to see who is a high quality, helpful, and experienced lawyer is a must.  Do your own research on these attorneys and find sources that will benefit you in your search.  But most of all, make sure that you meet your lawyer and make sure that you actually like them.  There is nothing worse than having a San Diego lawyer who you don’t really like trying your case for you.

San Diego Wrongful Termination Firms is a post from: San Diego Lawyer Finder

In California, many lawyers find that proving “wrongful” termination is more difficult than most people might think.  You see, not every unfair termination can be proven “wrongful” under San Diego County or California State law.  Your dismissal might feel like it was done in an illegal way, but proving that to a jury might be difficult for your attorney to prove in a court of law.

To see if your case has any merit, make sure that you consult with an experienced employment lawyer who can give you some sound advice based upon the merits of your case.  In fact, you might want to consult our Find A San Diego County Lawyer article for the entire list of our recommendations when looking for a quality attorney that you can trust.  Most lawyers will want to take your case if they think that you will receive a settlement, so if the law professional you talk with says that you do not have chance then you should probably listen to them because they are telling the truth.

Here are some of the reasons that you might stand a chance in court of getting your legal rights honored:

• Suffering Discrimination – There are two main types of discrimination according to the law: subtle and direct. Direct discrimination that results in a wrongful termination might include getting canned because your company was downsizing and you were more senior and had a greater positive impact on the company but you were still fired because you weren’t “friends” with your boss. But an attractive co-worker was kept on who was less qualified than you. Another example might be that you got fired because of your gender, body, race, religion, family status, sexual orientation, or political opinions. All of these are no reason to get fired and if you suspect that you were discriminated against then you might benefit from a San Diego wrongful termination lawyer.
• Suffering Firing Due to Pregnancy – Pregnancy is a wonderful thing and should not result in your employer firing you. In fact, there are many state and federals laws preventing you from being canned because you have a bun in your oven. In California (and in San Diego because it is a part of the Golden State) you are even entitled to some additional rights with the State’s short term disability insurance. Most pregnant women can take off work 6 weeks before their due date and receive full pay from the state. They then get another 6 weeks for vaginal births, 10 weeks for C-Section births, after the birth. This is called “bonding time.” Your employer is required to give this to you by law, so if any of this results in your termination you will have a solid case to take to court.
• Firing of Whistleblowers – A whistle blower is somebody who is part of an organization, business, or government agency who knows about something illegal, immoral, or shady that is going on and tells the appropriate authorities. If you have reported your employer for something that they are doing that violates state or federal law, they have no recourse to fire you from your job. You did the right thing in the eyes of the law and you are protected by it.
• Retaliatory Firings – This can be a common occurrence among organized workers. When unions protests owner actions, organize for the first time, or even strike, employers sometimes fire employees. While sometimes an owner’s actions can be independent of the unions moves, it is wrong from the to terminate an employee for these reasons. You’ll need to find a good lawyer for this one.
• Sexual Harassment – You should never be fired for refusing sexual advances from a fellow employee. If you are, you will have a rock solid wrongful termination lawsuit on your hands that any competent San Diego lawyer will able to win in no time at all. Chances are you will be able to settle outside of court for a hefty sum – making you rich and your employer very sorry for harassing you.
• Violation of Family and Medical Leave Act (FMLA) – According to federal law, covered employers must give all eligible employees up to a total of 12 workweeks of unpaid leave if they ask for it. These 12 weeks can be taken during any 12-month period for one or more of the following reasons:
  • for the birth and care of the newborn child of the employee;
  • for placement with the employee of a son or daughter for adoption or foster care;
  • to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
  • to take medical leave when the employee is unable to work because of a serious health condition.

  Your employer is required to keep your job available for you in case you make use of this right that you have. If they don’t, you will have a strong case against them.

• EEOC Claims
• DFEH Matters

One of the most important things about working in California is that all employees are “at will.” What this means is that business are within their rights to terminate you for any reason. That means that if it is a Tuesday and they draw your name out of a hat your employer could fire you just because. There is nothing protecting you from that even though it is entirely arbitrary and very “unfair.” So in order for you to have a solid wrongful termination case you will need to have been fired in violation of federal or state law as was outlined in part above. Check is your San Diego lawyer to make sure that you have a rock solid case.

Many attorneys will charge a contingency fee in these types of cases. What that is is a percentage of the settlement that you earn from winning your case! After all, most lawyers wouldn’t touch a case like this if they didn’t think they could win and win big. Wrongful termination cases can be very lucrative for you and your lawyer!

Wrongful Termination Lawyers In San Diego is a post from: San Diego Lawyer Finder

When looking for a high quality lawyer to meet your legal needs take into consideration the following qualities:

Experience – Having a lawyer that has a high degree of experience in the field that you find yourself looking for legal assistance is very, very important. This is almost a no brainer, but with the complexity of legal issues in our society it needs to be stated over and over again and reinforced repeatedly. Would you higher a fisherman to repair your car? Or how about an accountant to be your personal trainer? Is the same way you probably shouldn’t hire a personal injury lawyer for your criminal case nor should you hire a immigration attorney for your estate planning. You need a criminal lawyer and a estate planning lawyer respectively.

There can also a marked different between levels of experience in certain fields. You obviously want the lawyer with more experience if you can afford it. Their knowledge of the judges, experience with juries, background with prosecutors, and interactions with clients will help you get the legal support you need for these professionals. After all, they are just normal people like you and we all know that experience helps you make better decisions.

References – While experience is a great indicator of a lawyers worth it is insufficient in and of itself, that is why quality references are need. We all know an individual in our line of work that has lots and lots of experience at their job but they still stink at it. It can be the same way with a lawyer. So what you want to look for in a lawyer is one that is also highly recommended in your area.

San Diego county is pretty large, so finding the right lawyer or attorney should not be that hard.  But because there will be so many to choose from you will definitely want to find one that has quality references.

For this you want to stay away from the hype that commercials will try and sell you. Just because a lawyer puts his face on TV doesn’t mean that they are respectable, careful, caring, or wise. It simply means that they are rich.

The best way to cut through the hype is to ask around about a specific San Diego county lawyer. Ask your prospective attorney if you could get into contact some of their previous clients to ask them about their services. They won’t be able to give you a list of their clients names because of attorney-client privilege, but they should be able to contact a few of their clients to ask them to contact you. Be sure to check out your local Better Business Bureau to see if your lawyer has any complaints against them. If all that fails, you could see if they have a listing at Lawyer Ratingz, a site set up to let normal people rate their lawyers. This should help you get a lock on who the specific San Diego lawyer you are considering is as an attorney.

Picking a lawyer that fulfills these basic requirement will take some work on your part, but the effort is definitely worth it.  Chances are you will have to pay more for an attorney with these qualifications, but you can rest assured that this will be money well spent.  However, no attorney can guarantee you specific results since our law system is so fluid and diverse – but a good San Diego County lawyer certainly helps your chances!

Find a San Diego County Lawyer is a post from: San Diego Lawyer Finder