Maison Law represents Bakersfield families who have lost a loved one in a tragic bicycle accident. When a careless driver’s mistake is to blame for a fatal accident, those left behind should receive help in paying for a funeral and replacing any income the deceased can no longer provide. Please contact Maison Law of Bakersfield to schedule a free, no-obligation consultation with a real lawyer and find out about every benefit available to your family.
Should My Family Contact a Wrongful Death Lawyer?
A deadly bicycle accident is usually a clear-cut case. A reckless driver’s mistake is often made clear on a police accident report as the cause. Yet, when the families of victims ask for support after a tragedy, car insurance companies can still try to shift blame away from the drivers they represent. They can also use tried and true tactics, like offering families a quick settlement that doesn’t cover all their costs, to reduce what families receive.
A Bakersfield Bicycle Wrongful Death Attorney safeguards the family’s rights and fights back against these unfair tactics. A skilled lawyer is a powerful advantage for families when they must face off against insurance adjusters or an at-fault company’s or corporation’s lawyers to get help. This is the frustration that a good attorney can handle, while allowing a family to grieve in peace without worrying about their case.
Perhaps the most important advantage for families… A lawyer is often able to secure much more in financial support for families than close relatives could by handling a claim themselves.
Who Is Responsible for My Loved One’s Death?
Under California’s personal injury laws, anyone who contributes to an accident through negligence or recklessness can be held financially liable for an injury or the tragic loss of life.
This means that a speeding driver who veers into a bike lane along Stine Road and kills a cyclist is liable for helping those left behind. This can include paying for the accident response fees and medical bills that will arise. Drivers who make a turn in front of an oncoming cyclist because they weren’t watching out for riders like they should, can be held liable if a collision results in a death.
Bakersfield riders also have the full right to take a lane, just as any driver does. If a driver tries to pass a bicyclist when it’s not safe and claims a precious life, the driver’s car insurance provider is responsible for providing financial help. That assistance would go to the spouse, children, and, in some cases, other relatives of the victim.
Who Can Sue After a Family Member’s Wrongful Death?
California law states that certain family members or individuals are able to file a wrongful death claim. Some of the main parties who can successfully bring a wrongful death claim on behalf of a loved one include the following:
- Surviving spouse of the deceased
- Children of the deceased
- Parents, siblings, or cousins when no surviving spouses or children exist
- A personal representative who has been appointed to the estate
A Bakersfield wrongful death attorney can also represent the family in the wrongful death claim. A lawyer can also represent individuals in the family.
An attorney working on behalf of a victimized family fully investigates accidents and collects powerful evidence of who was to blame. A skilled attorney also determines who exactly should be held accountable for a deadly accident. Sometimes that means more than one party is liable for a family’s hardships and financial future.
Compensation for the Families After a Fatal Bicycle Accident
After a tragic bicycle accident, an attorney assists families in filing a wrongful death claim backed by powerful evidence. A skilled lawyer also includes a detailed list of every hardship family members have faced and expect to face in the future.
These are just a few of the factors that determine the amount of a wrongful death settlement check for the family:
- Expenses of a funeral service and burial.
- The ambulance fees and any hospital bills accumulated before the victim passed away.
- The paychecks and work benefits the victim will no longer be able to provide to support the family in the years to come.
- Emotional trauma suffered by family members. This can include the loss of guidance, security, and familial support that a loved one should have continued to provide. The loss of someone’s presence at major life events, like graduations, weddings, and the birth of children, should factor into any settlement.
- Loss of consortium. (The loss of intimacy now that a partner is gone)
- Losses for parents. After a bicycle accident tragedy that claims a child’s life, parents or guardians can seek support for the companionship they’ve lost over a lifetime.
- Cost of grief counseling and other mental health services.
Help for Families When Requesting Fatal Accident Reports and Coroner Documents
After losing someone to a tragic cycling accident, you may need to retrieve important documents for a wrongful death case. Remember that if you turn your case over to a skilled attorney, your lawyer will be securing this evidence and documentation for you.
However, if you need to secure these documents on your own, here is some information that will help:
- Visit our page on how to get an Accident Report from Bakersfield Police
- Instructions for obtaining a coroner report from the Kern County Coroner
Beyond the collection of important evidence, families will understandably deal with a lot of emotional trauma during such a difficult time. There’s help available for relatives trying to cope with the grief of losing someone.
These are just a few of the options available for those in mourning:
- Hoffmann Hospice Programs
- GriefShare groups meet at several Bakersfield churches each month
There are other local churches that host their own grief counseling sessions for those who have lost a loved one.
Frequently Asked Questions
Can I file a wrongful death claim if an at-fault party is facing criminal charges as well?
Yes. The criminal trial will be handled separately. The family can file a wrongful death claim at any time, no matter where the criminal proceedings stand. The wrongful death case is handled as a civil claim. A driver at fault for causing a deadly bicycle impact may have to pay civil damages to families, even if they are found not guilty in a criminal trial.
How long do I have to file a wrongful death claim?
Two years. Families who have lost a loved one should act quickly to hold at-fault parties responsible. Waiting months to begin building a claim can mean evidence is harder to find and witnesses are harder to locate.
What if my family can’t afford to pay a wrongful death lawyer?
Your family doesn’t need any money to hire Maison Law and secure powerful legal protection. We don’t get paid unless we win your case for your family. Then our fee comes out of the settlement money that the insurance company must pay your family members.
Contact a Bakersfield Bicycle Accident Wrongful Death Lawyer
Families should be allowed the time they need to grieve after a tragic bicycle accident, but bills and hardships stemming from a tragedy can make a wrongful death lawsuit necessary. A wrongful death attorney can handle your case privately with as little disruption to family members as possible.
Contact Maison Law for a free and confidential case evaluation for any family in the Bakersfield and Kern County area. Our lawyers offer compassionate care to those in mourning to ensure they don’t suffer the financial consequences of a careless driver’s mistake.
