If you were injured as a result of the negligent or reckless actions of another person, you may have the grounds for a personal injury lawsuit. Consider talking to a personal injury lawyer near Tracy or Manteca about your legal rights and options. Depending on the circumstances of your case, your personal injury lawyer might pursue compensation on your behalf for your actual losses and your pain and suffering, which may be referred to as your emotional injuries.

Examples of Emotional Injury Cases

Emotional distress can arise from many different types of personal injury cases. It may be an element in auto accident cases in which the victim has suffered mental anxiety along with physical injuries. Emotional damages can be associated with intentional torts, in which the defendant intentionally assaulted the victim. Emotional injuries may also arise from dog bite cases or slip and fall accidents.

Elements of Emotional Injuries

When determining whether to pursue compensation for emotional injuries, your personal injury lawyer will consider whether certain elements are present in your case. Under California case law, the defendant must be shown to have acted in an extreme manner that is outside of the scope of exercising reasonable care. The defendant must have acted in a way that showed reckless disregard for the victim’s safety or the defendant must have intentionally acted in this way. Additionally, the plaintiff must be shown to have suffered from severe emotional distress. The defendant’s actions must be a substantial factor in causing this extreme emotional distress.

Proof of Emotional Injuries

Emotional injuries are often difficult to prove, but there are ways that your injury lawyer can demonstrate your emotional distress. After an incident occurs, it’s important to keep careful track of all problems that stem from the incident. Perhaps your emotional distress was severe enough to cause you to miss work or even to get fired. Perhaps you had to work with a psychologist or other mental health counselor. Document the specific symptoms and other challenges you experience from day to day and describe the way in which these problems interfered with your daily life. Your account of your emotional distress should be supported by documents or testimony from your doctor or mental health professional.

If you have your lawyer establish a trust , then the trustee is responsible for administering the trust in accordance with your wishes after your death. In Tracy and Livermore, trust administration is a significant responsibility and often requires in-depth knowledge of estate planning matters. The trustee you choose can receive assistance from a law firm, but it’s still important to select a trustee who is capable of handling this responsibility.

Selecting a Family Member

It’s common to select a family member as a trustee or two select two family members to serve as co-trustees. If this is an option for you, then be sure to choose a family member who has solid business sense and good judgment. Your trustee should be expected to outlive you. Before settling on a relative, carefully consider whether family dynamics or family conflicts might interfere with the trustee’s ability to administer the trust in an appropriate manner. Even when a family trustee has the best of intentions at heart, he or she might be influenced to make an emotional decision. If you do decide to use a family trustee, make sure that person is willing to carry out these duties after your death.

Choosing a Professional Trustee

Many people choose a professional or corporate trustee. This option may be right for you if you do not have a family member whom you trust to faithfully administer the trust or if none of your relatives are willing to assume this role. Bear in mind that a corporate trustee will charge a fee, which might be a problem for trusts that are modestly funded. However, the advantage of choosing a corporate trustee is that he or she won’t be swayed by family dynamics or conflicts.

Authorizing a Relative and an Independent Advisor

It is possible to find a middle ground between choosing a family trustee versus a corporate trustee. You might decide to select a trustworthy family member to serve as a trustee, but then to also hire an independent investment advisor. This advisor could provide guidance to the trustee without charging the same high fee that would be typical of a corporate co-trustee.

Parents of children who have been injured as a possible result of someone else’s negligent or reckless actions should consult a personal injury lawyer in Tracy or Manteca. A personal injury lawyer will review the case to decide if it is appropriate to pursue damages. Since the rules of statutes of limitations are different when applied to children, it is possible for the child to wait until the 18 ^th birthday before filing a lawsuit on his or her own behalf. However, a guardian ad litem can also file a lawsuit on behalf of a minor child prior to the 18 ^th birthday. Usually, the appointed guardian ad litem is the natural parent of the child.

Many lawsuits resolve with settlement arrangements. If the personal injury lawyer negotiates a settlement on behalf of the minor child, then the court must approve this settlement before it can be finalized. The injury lawyer will file the minor’s compromise petition with the court to seek a court order approving the settlement.

Restaurants are prone to spills and chaotic conditions, which means they are also prone to hazards that cause people to slip and fall. When you’re hurt in a fall in a restaurant, how do you know if the restaurant is to blame? Personal injury lawyers in Tracy can evaluate your case and let you know where you stand. This information will also help.

To prove that a restaurant is responsible for your slip and fall injury, your personal injury lawyer must demonstrate that the fall occurred because the restaurant was negligent in some way and that you did not do anything to contribute to the fall. For instance, your lawyer must show that there was a spill on the floor that the restaurant was negligent in not cleaning up and that you did not ignore any wet floor signs before slipping in the spill. When your injury lawyer successfully makes this case, then the restaurant may have to pay for your medical costs and compensate you for any pain and suffering that occurred because of your injury.

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.