Modesto Injury Lawyer Blog

Wrongful death caused by choking on small toys or parts of toys is a real concern for Modesto parents. Especially now that summer is here and children are spending most of their vacation time playing with siblings and friends, parents must take necessary steps to safeguard their children against choking hazards.

How to Prevent Choking Hazards
One of the most important things you can do is check for government or manufacturer-issued recalls. Recalls are mandatory actions that must be taken to send back products that have been identified as dangerous in some way. For a list of recalls on toys that present choking hazards, visit the website for the U.S. Consumer Product Safety Commission or go to Recall.gov, a collaborative site that joins forces with six federal agencies to list all of the most current product recalls across the country.

Before you buy or allow your child to use toys that may contain small parts, be sure to read all packaging and examine the toys for several things:
- Recommended age for use (is the toy age appropriate?)
- Warning that small parts may present choking hazards
- Quality of the product and any interlocking parts
- Harmful chemical ingredients such as BPA or lead

If a toy, regardless of a recall, injures your child, you must contact a personal injury lawyer immediately. Toy manufacturers are responsible for ensuring the safe use of their products and they can often be held liable for injuries caused by their items.

For any Modesto family, losing a loved one unexpectedly can be utterly devastating. Particularly in the case of wrongful death of the primary caregiver caused by the negligence of another person or company, this loss can send a family into an emotional and financial tailspin. In California, you are allowed to take legal action to recover damages that will cover the costs associated with a wrongful death of the head of household, including:
- Funeral costs
- Burial costs
- Medical costs
- Loss of income/anticipated income from the deceased

What Happens When I File Suit?
Any family member can file a wrongful death claim. Because every family is affected differently, a professional attorney must handle each case with the utmost care. The attorney's job is to outline the costs associated with the loss of the loved one, as well as to calculate the amount of anticipated income that is lost as a result of death.

For example, if minor children live in a household in which one or both parents are killed, damages can be sought for future income that the parents would have brought into the home to take care of their children until they were 18 years old. Similarly, wives can collect damages in cases in which the deceased husband was the sole breadwinner of the household.

Keep in mind that the burden of proof in a wrongful death case lies with the family. This is why it's critical to have a wrongful death lawyer on your side to prosecute the negligent party. You have two years to file a claim for wrongful death in the state of California, with the exception of medical malpractice suits and asbestos-related claims.

The subject of death is one that can be hard to cope with for Modesto residents. Particularly in cases of wrongful death caused by another person or party, dealing with loss requires a tremendous amount of support and time. According to research by the Mayo Clinic, it may take several days or even weeks in order to even process and fully understand that a loved one has died. From that point, healing from trauma can take months or even years, although healthy coping strategies can help relieve and abbreviate feelings of grief after a loss.

Legal Resources in Wrongful Death Cases
Death caused by negligence or accident is not usually considered a crime. Fortunately, though, the law allows for civil prosecution in wrongful death cases, even when it is determined that there is no criminal case. This means that families can seek damages for their losses. Although no amount of money can help bring your loved one back, your case can help prevent someone else from getting hurt in the future by negligent people or companies. Damages can also help defray the exorbitant costs of a funeral, burial and debts left behind. Wrongful death lawsuits cover a wide variety of cases, some of which include car accidents, drug interactions, workplace accidents and negligent security in public or private venues.

When there's been a wrongful death in your family, it's vital that you have an experienced lawyer on your side. These cases require expert legal guidance and resources to prosecute anyone from individuals to major corporations. Further, there are statues of limitations that must be taken into account in wrongful death cases. Certain types of lawsuits must be filed within as little as six months of the occurrence of death. For many families, this isn't even enough time to grieve, let alone think about taking legal action. Instead, hire a trusted Modesto attorney to handle your case so that you and your family can heal on your own time.