legal matters. · 2019. 2. 25. · wills • trusts • estate planning november remembrances...
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CRIMINAL | PERSONAL INJURY | ESTATE MANAGEMENT | TRUSTS | LIVING WILLS | IMMIGRATION | DIVORCE | BANKRUPTCY | REAL ESTATE | AND MORE
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Volume FIFTeeN | 2016 edITIoN
Getting up close and
personal with exotic
animals pg 26
Local Chef-Owners Share Favorite Creations pg 80
Stuntman Rich Minga Facing danger on the Job pg 102
Brett Stokes A Versatile, Soulful Artist pg 58
The Treasures of Red Cloud Mine pg 22
Fallbrook & Bonsall Home
to Many Well Known Sports Figures pg 48
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Development pg 34
AdventuresIn the Sky With Stephen and
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Local Wildlife pg 68
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VOLUME 17 | 2018 EDITION
Introducing a Few
FallbrookWineries to Taste and
Toast to pg 26
Local Leaders Share Their Perspectives Lila MacDonald pg 10
Roy Moosa pg 19
Jerri Patchett pg 40
Ruthie Harris pg 46
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Wills • Trusts • Estate Planning
November remembrances
Courtesy photosEver had a day where you just
feel sad? Really sad? Maybe even tears are falling, and there really is no help?
November first brings Veterans Day remembrances which bring both proud memories and sadness to families. Our veterans go to town and sit offering red poppies for any donation, in remembrance of the first flowers that grew in the dirt on soldiers’ graves in Flanders Fields. The money goes to help disabled and hospitalized veterans in our community. The veterans offering the paper poppies are cheerful, of-ten wounded from doing their duty for our country. Our respect for their cheerful visits gently reminds us that the veterans need help to get through their remaining days.
November also brings Thanks-giving and it is almost upon us. Many of us will have family and friends missing from the chairs around our tables. All of the won-derful aromas of Thanksgiving dinner, joyful chattering and cheer-ful shopping outings together are gone with those people who have passed away.
We can pray around our table, light a candle, and tell stories that keep their memory alive, but we still are deeply saddened by our loss. This is one of the reasons that holidays bring a feeling of depres-sion to otherwise cheery times.
As a lawyer, the main reason I practice Wrongful Death law is that much too often people needlessly suffer and die because of the care-lessness of others. Premature death is caused by dangerous streets, a speeding driver or inattentive driv-ers, people talking on cell phones, corporations that do not protect others, dangerous housing, streets, governmental agencies that don’t do their jobs with our tax dollars, contaminated food, and any other number of reasons.
People in our little community often die when they should be here today. This month we keenly want them here for just one more phone call, a shared cup of coffee in a special cup, to cut the turkey while we applaud.
These tender losses are gathered into a Wrongful Death case which often begins with stark realiza-tion that now, a fire department, ambulance or law enforcement investigation must be involved to gather all the evidence of what occurred. These investigations are rendered into reports in an attempt to reconstruct the injury or fatal in-cident and chronicle injuries. They identify witnesses, parties and the basic scene or setting surrounding the last moments of a persons life.
Then an analysis of California Codes is applied by law enforce-ment to the facts in the reports to make a determination of fault. This work can include measuring skids and gouges to pavement, damages to vehicles, people’s bodies, how far shoes or car seats are thrown from a body and where they land, measuring of air quality in a room, determining if any ingested food or other item caused a death and how, or if the cause of death was drowning, electrocution, or any number of other ways.
People are precious and irre-placeable. Seeing their lives re-duced to reports adds to the stark loss and heartbreak of a family as they struggle for the truth of what
really happened, while simultane-ously feeling outrage and grief with their loss.
Our irritation at needing to drive more slowly to accommodate oth-ers, like school children and buses, road work, trash people doing their many stops, cars making turns on narrow roads without turn lanes, can result in rash conduct that caus-es the death of another, maybe even a passenger in our own car. We need to keep our eyes peeled on the road and our surroundings as we travel.
Our obligation to strangers and our vehicle occupants is high. We do not want to hurt or kill them while we drive, or in any other circumstances, so we must slow down and pay attention. Fresh, healthy food needs to be prepared and washed correctly, especially for the sick or elderly. Medicine needs to be carefully taken and homes kept safe.
This Thanksgiving my veteran husband and I will miss many of our family members and friends. My guess is that you will miss someone too. We all go on with life and enjoy our meals, company and our homes. Pumpkin pies baking in the oven give us the memory of thankfulness for another day of life and celebration together.
A family who has recently lost one of its members due to someone else’s carelessness has additional stress this holiday. They wrestle with whether or not to seek legal justice to hold the wrongdoer responsible for the empty chair at their table. You know who some of these people are. Reach out to them; a flower arrangement, fresh baked cookies and dinner invita-tions often ease a difficult time.
Even a thoughtful meal delivery to someone alone or cinnamon rolls are a cheery gift to the suffering.
After facts are gathered and insurance policies and assets ex-amined of a wrongdoer, a family decides to pursue a Death case. These cases are difficult in them-selves for families to endure in addition to their loss. They are time consuming, filled with inquiry while the family still suffers with the original loss.
For example, when parents are killed, often money is a problem. A father who was the wage earner is gone in an instant, replaced by medical, housing, food, utility, gas, car and funeral bill expense. A mother’s loving kiss on the fore-head will never again tuck a child in for the night, because she is gone. The protection that parents provide to children is suddenly missing.
Often instead, a parent loses their child unexpectedly by the careless-ness of another and how can they ask a jury for money for their dead child? They know money will nev-
er bring their son or daughter back again. But our civil law provides that money as the only remedy available to them. What should they do? These are all questions I, as an attorney, counsel with parents/brothers and sisters about, as they grieve and prepare for trial.
Be grateful for who you have to celebrate your holidays with. We live right next door to a huge military base. In these busy days of holiday preparation, we should all also take care to remember to be kind to our veterans, and active military families, who work for so little for the risk to protect us. Often they are away from their families to protect us. Remember to say ‘thank you’. Some of the local markets are collecting small sums of money toward Thanksgiving groceries for our military families. Please consider helping make their Thanksgiving holidays full too. Maybe invite a solo marine to fill a vacant chair at your table and cheer them through the holiday.
As always, I am available to visit with you about any questions you may have in regard to possible wrongful death cases. If you be-lieve that you have a case, it is al-ways important to act quickly since witnesses and critical evidence tend to disappear extremely fast.
Additionally, deadlines known as statute of limitations can sometimes be very short and, if not strictly compiled with, will usually result in you losing the right to obtain justice.
Enjoy a happy November and be careful out there! Remember the less fortunate and those who suffer with a small kindness.
You may contact me through my website Contact Sheet link, on Berryessalaw.com or email me at [email protected] or call me at (760) 723-5513 or (951) 693-0053.