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Obtaining Advice and Representation to Approach the Twists and Turns of Your California Personal Injury or Wrongful Death Case

Certainly, everyone hopes to have a trial that is both free from problems and one that arrives at a successful outcome. You want your trial to end with a “winning” result, one that won’t be overturned later. Unfortunately, the system is not perfect and mistakes can occur in jury trials because they depend upon imperfect human jurors. One of the essential things in managing any personal injury case, and one in which an experienced California injury attorney can help, is being sure that you respond to those unexpected “wrinkles” in the right way. If you’ve lost a loved one in an accident in Northern California, you should be sure to retain an experienced California wrongful death attorney to handle your case and provide the representation your family needs.

One recent case with such an unexpected element was brought by V.T., a widow. V.T.’s husband was killed in a tragic accident involving a tractor and a pickup truck. The husband, while trying to repair the tractor, became pinned between that vehicle and the truck. The accident killed him.

V.T. and her four daughters sued several individuals and entities for wrongful death. The case went to trial and the jury awarded a total of $670,000. However, because the jury awarded no damages to the man’s two adult daughters, the appeals court later threw out the damages award and ordered a new trial on damages. After the second trial on damages, a jury awarded a total of $9.4 million. That figure was cut in half because the first had found that the deceased man was 50% at fault for the accident.

The defense asked the trial judge to order a new trial, alleging that juror misconduct had taken place. Specifically, the defense asserted that the jury engaged in improper considerations (such as putting the minor daughters through college) in arriving at their damages figure.

The trial judge gave them two options: they could accept a reduced damages award (which would lower the net award to $3.6 million), or the judge could order yet another new trial on damages. The plaintiffs accepted the reduced award and the appeals court upheld that outcome.

In this scenario, the widow and the daughters faced a decision not unlike an injury plaintiff who has been presented with a substantial settlement offer. The plaintiffs can go forward, go through a trial (or re-trial) and attempt to secure a larger award, or they can accept the amount that is immediately available and accessible. In some circumstances, saying “yes” to an outcome that will give you finality, closure and a sum certain of compensation (in addition to avoiding the delays and stresses of a trial or re-trial) may make sense. Your skilled counsel can assess each option and give you a clear picture of the plusses and minuses of each.

For your injury or wrongful death litigation needs, contact the skilled San Mateo wrongful death attorneys at the Law Offices of Galine, Frye, Fitting & Frangos. Our attorneys have been helping injured people utilize the legal system successfully for many years. To set up a free consultation with one of our experienced attorneys, contact us at 650-345-8484 or through our website.

More Blog Posts:

Family of a Northern California Jogger Killed by a Bus Obtains $4M Judgment, San Mateo Injury Lawyers Blog, published June 20, 2018

California Court of Appeal Upholds $4.7M Damages Award Against Utility Whose Power Line Killed an Orchard Worker, San Mateo Injury Lawyers Blog, published May 23, 2018

Wrongful Death

Client Reviews

    I retained Ilya Frangos of Galine, Frye, Fitting & Frangos on a business litigation matter involving a frivolous lawsuit filed in federal court. Ilya guided me through the case and helped make sure that I understood the process… He always took the time to answer all my questions and helped put my mind at ease. I would highly recommend him and this firm!

    Agatha

    I called Mr Frye after my wife had passed away… John listened to my case over the phone, after aggreeing to represent me, handled everything from there… I have already recommended Mr Frye to a friend for help with a similiar case and would without reserve recommend him to anybody. He came highly recommended as an expert in these type cases, and I believe he demonstrated this personally.

    Jerry

    Chantel Fitting is as good as it gets. If you have been injured, need help and cant get what you know you deserve from one of the big insurance companies, then you have got to call Chantel. She will fight for you like it was her that was hurt… She cares. Call her. You wont be sorry you did.

    Cindy C.

    A great experience. Excellent law firm which treats their client’s with the utmost respect. Very knowledgeable and made me fell extremely secure when handling my personal injury claim. Would highly recommend Galine, Frye, Fitting & Frangos to handle your next case.

    Lisa D.

    I was fortunate enough to have been represented and retained by this law firm for my injuries sustained by an under insured motorist. I must say Chantel Fitting and Illya Frangos went above and beyond trying to resolve my case… I would highly recommend this law firm and stop shopping around if you are looking for the best, as this is as good as it gets.

    Joanna K.

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