Tag Archives: statute of limitations

In the Case of a Car Accident, What Makes Someone a Credible Witness?

30 November
2021

Things can get tricky when there’s a dispute over who’s at fault in a car accident. Witness testimony supports your claims and makes a significant difference in a car accident suit. Insurance companies often attack a witness’ credibility to avoid paying damages. You must ensure that the witness is actually “credible” if you want to get good testimony for your car accident case.

When an accident leaves you injured, please don’t wait until it’s too late to file for compensation. Most states have a statute of limitations to file a personal injury lawsuit. California has a two-year statute of limitations for such cases, which means you have two years to file from the date of initial injury (the accident). Daniel H. Rose Law Office offers complimentary consultations to those seeking legal assistance for personal injury following a car accident.

Factors Affecting Witness Credibility in Car Accident Claims

It may often be easier for the defense to cast doubt on the credibility of a witness rather than establish it. In light of that, below is a list of some attributes that make for a credible witness.

  • Criminal History and Moral Compass: A vital attribute of a credible witness is someone of sound moral character and a clean criminal record
  • Impartiality: A credible witness should be someone who is ideally neither a relative nor a friend nor in a relationship of an intimate nature with the plaintiff such as a girlfriend or boyfriend. Witnesses should be unbiased, free from personal profits (based on case outcome), and neutral (in terms of bias) in their testimony. Witnesses who are friends or family members have personal relationships with an individual involved in the accident or may stand to gain by the outcome of the case are unlikely to support your claim effectively. Also, there should be no indication that the witness has a particular opinion about any parties involved in the accident.
  • Clear Headedness: The eyewitness should not have been in any way impaired by alcohol or drugs at the time of witnessing the accident.
  • Physically Fit: The most apparent physical capability a witness should possess is a clear vision, but eyesight is not the only ability. As well as unobstructed vision, witnesses must also have a good memory and good hearing. In the case of a witness wearing glasses, contacts, or hearing aids, the use of those items needs to be established at the time the witness observed the accident.
  • Mental Capability: If an eyewitness suffers from a mental health issue, memory loss, or cognitive impairment, or is easily confused or disoriented, they are unlikely to be a credible eyewitness. The human mind can fail under any circumstance, and those with a psychological or mental impairment may be less likely to observe or recall a scene accurately. They may be easily discredited in court.
  • Not Speculative: The witness should not add additional remarks of inference to the parties involved in the accident. Witnesses need to keep their accounts as authentic and accurate as possible. Witnesses should make statements based on factual and observable evidence.

Having a non-credible witness can damage your case more than benefit it. Your car accident attorney may recommend avoiding their testimony altogether in some situations.

Increase Your Chances of Successful Litigation and a Favorable Outcome

As the goal of most insurance companies is to protect their capital, they may work against your best interests, which is why it may not be favorable to fight alone for complete and just compensation.

Whether you have recently been in a car wreck, are struggling to establish fault, are unsure of how to select a credible witness, or just want to ensure you get fair compensation, consulting with an experienced car accident attorney may be your best option.

Moreover, if you have been injured in a collision, your case can be even more complex and exhausting, which is why you should work with an experienced legal team. Contact the Daniel H. Rose Law Offices for a complimentary consultation today and get started on the road to total compensation.

Can Minors File a Wrongful Death Case?

25 November
2020

Under California Code of Civil Procedure 377.60, a minor who is the child of a deceased person who was a victim of someone else’s negligence, may have the legal right to file a wrongful death case under certain circumstances. If your parent died as a result of someone else’s recklessness or carelessness in the state of California, you may have the right to file a wrongful death case. Learn more about your legal rights below and by contacting an experienced wrongful death attorney today.

Wrongful Death

Wrongful death is any circumstance in which a person dies as a result of injuries inflicted upon them directly resulting from another person’s negligence or recklessness. Wrongful death cases can include deaths resulting from car accidents, medical malpractice, trucking accidents, slip and fall injuries, dog bite injuries, nursing home abuse and neglect and more. Any instance where a person dies as a direct result of someone else’s action or inaction can bring about a wrongful death claim in California.

Who May File a Wrongful Death Claim?

In California, a spouse, domestic partner, children, grandchildren, and other minor children who were at least 50% financially dependent on the deceased victim (including stepchildren) may have the legal right to file a wrongful death claim.

How Minors File a Wrongful Death Claim

If a minor child loses their only parent, or both parents, as a result of someone else’s negligence, they will first need to have an establishment of guardianship with another adult. A guardian will be named by the court if the parents did not make any provision for their child regarding guardianship in the event of their death. Once a guardian is established under the law, they will act as the legal representative of the child, and may file a wrongful death action on behalf of the child with respect to the loss of the child’s parent.

Statute of Limitations for Wrongful Death Claims

The statute of limitations (deadline by which a person must file a claim or lose the legal right to do so) in the state of California is two years from the death of the victim. While it may seem that two years is a long period of time, wrongful death claims often take a considerable amount of time to develop and can include detailed investigations involving expert witnesses. Time is of the essence, and if you have the legal right to pursue a wrongful death claim on behalf of a minor child, you should consider visiting with an experienced California wrongful death attorney as soon as possible.

Contact an Experienced Wrongful Death Attorney

Any loss of life can be devastating to family members. When a loved one is a parent, the minor child has lost an incredible amount of time, love, and guidance from them. If you believe that a minor child has the right to file a wrongful death case on behalf of their parent or guardian, contact The Law Office of Daniel H. Rose. We will work on your behalf to ensure that you understand your legal rights and that you receive justice. Contact our experienced wrongful death attorneys at 415-946-8900 or online today.