Maison Law represents the loved ones of car accident victims in Bakersfield.
Losing a loved one in an accident can turn your world upside down. It can also impact your family in a number of ways, depending on the deceased individual’s income, care, and companionship.
At Maison Law, we know no amount of compensation can make up for the loss of your loved one, but it can bring you a sense of closure and assist with the financial strains associated with the untimely death of a loved one. Contact Maison Law today for a free consultation and to learn what options are available to you.
Do I Need a Lawyer for a Fatal Car Accident in Bakersfield?
If your loved one unexpectedly lost their life in an accident, and you relied upon them for financial support, it is advised you seek a reputable attorney to help you manage the legal complications of a fatal car accident. At Maison Law, the first thing we’ll do is file the necessary claim on your family’s behalf. Next, we’ll build your case to establish the need for a fair settlement. If a settlement cannot be reached, then we will represent you in court.
However, bear in mind, most insurance companies typically do not want wrongful death claims to be settled in court. A jury-dictated outcome can end up costing them far more than what they could have settled for outside of court.
Who Can File a Wrongful Death Lawsuit after a Fatal Accident in Bakersfield?
California Code of Civil Procedure 377.60 specifies the individuals who may file a wrongful death lawsuit. Those parties include:
- The deceased person’s spouse or domestic partner
- Children of the deceased, including stepchildren
- Parents of the deceased
- Dependent minors living in the deceased person’s household
- The deceased’s personal representative
- People who would be entitled to the property of the decedent if they did not create a will
If the deceased had no surviving children, parents, or spouse, then those close to the deceased may qualify to file a wrongful death claim.
Step-by-Step: Police Report Retrieval after a Fatal Car Accident in Bakersfield
- Identify the Reporting Agency: determine whether the accident was reported to the local police or the California Highway Patrol (CHP). This is usually dependent on where the accident took place.
- Gather Information: the more information you have, the easier it will be to retrieve your report. According to the Transportation Injury Mapping System, California averages around 200,000 car accidents per year, so there will most likely be a lot of accidents to sort through. The information needed includes: date, time, location, name of drivers, and your contact information.
- Request the Report: you can visit the DMV in person to request a report, submit a request online, or you can submit a request via mail if online requests are unavailable.
- Allow Time for Processing: it can take several business days or weeks for the report to be processed and available.
Reporting a Fatal Car Accident to the DMV
The last thing anyone wants to think about after losing a loved is following legal procedures, but it is important to report the accident. One way to report a fatal accident is by letting the DMV know by using an SR-1 report. California requires that you or your loved one’s insurance agent, broker, or legal representative complete an SR-1 report and send it to the DMV within 10 days of the accident, no matter how minor the accident or injuries suffered in the incident.
The only time drivers are not required to report an accident to the DMV is If no one was injured and property damage was below $1000. A police report does not negate the requirement for a SR-1 report, and one will still be needed. If you fail to submit an SR-1 report within the time allowed, your driving privilege could be suspended as a result.
Obtaining Certified Copies of Death Certificates
The California Department of Public Health – Vital Records maintains a permanent, public record of every death that has occurred in California since July 1905.
In California, executors of a will or estate administrators will not be able to evaluate a claim or distribute assets without first obtaining a copy of the decedent’s death certificate.
In the United States, death certificates are issued by whichever authority is entrusted with a person’s remains, which can be a funeral home, cremation site, or medical institution. Before a death certificate can be used in a legal scenario, it must be approved by the decedent’s relatives and signed by a doctor or coroner.
Those who can obtain a death certificate, or a copy of one, in California include:
- The parents of legal guardian of the deceased
- Law enforcement
- Spouses, grandparents, and other close relatives
- Certain medical personnel
- Attorneys
- An executor of an estate
What Factors Influence a Fatal Car Accident Settlement?
Settlement amounts in fatal car accidents vary based on a number of factors, but the main determining factor is the degree of fault by the “at-fault” party. The settlement is also dependent upon the details of your case. These details include:
- The age and earning potential of the victim: the lost income is reached by combining the victim’s life expectancy and their earning potential had it not been for the fatal accident.
- Whether or not the victim was partially responsible: California is a “shared fault” state and the victim can be assigned blame for their death, reducing the amount of compensation.
- Insurance policy limits of the at-fault party: if the accident was caused by a careless driver, then your settlement will most likely come from their insurance policy. Drivers are required to have insurance and most do. However, most car insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives for compensation.
These details are often revealed through legal processes. One of our experienced attorneys will guide you through each one step by step. Both you (the plaintiff) and the liable party (the defense) will have a chance to discuss the details of the case through:
- Interrogatories: written questions both parties must answer under oath
- Depositions: usually an audio or video recording of a verbal question and answer between both opposing parties under oath and outside of the courthouse
- Request for production of documents: all documents to back up each party’s claims must be presented to both sides
- Request for admission: carefully directed questions to determine whether the party in question agrees with or denies certain claims
Potential Settlement Amounts for a Fatal Car Accident
Since every case is different, it is difficult to determine what your case is worth, but there are ways to get an idea of what your wrongful death claim could be worth. The objective of a settlement is to compensate you and your family members for the losses they’re experiencing due to their loved one’s death. Here is a list of the most common damages that can be recovered in a wrongful death claim:
- Burial and funeral expenses for the decedent
- Potential income earned from the deceased
- Pain and suffering
- Loss of consortium (claim to be filed by spouse or children for loss of love and companionship)
If you’ve suffered the loss of a loved one due to a careless driver in Bakersfield, the accident attorneys at Maison Law are here to answer any questions you may have and guide you through this difficult time. Let us protect your right to compensation, so you can grieve without legal burdens. Contact Maison Law today to see what options are available to you.
Fatal Car Accident Lawsuits Under California Law
Under California Civil Procedures 377.30, a fatal car accident lawsuit is typically coupled with a California “survival” cause of action. Survival action is any personal injury claim the deceased filed or could have filed before their death. This action temporarily allows a survival action to be brought by the victim’s estate to recover non-economic damages. These damages are paid to the victim’s estate and disbursed to the victim’s heirs.
It is important to know that a survival action claim is the only way to sue for punitive damages. These damages are not available under a wrongful death lawsuit. For punitive damages to be awarded in a survival action claim, the decedent’s death must be a result of another person’s intentional actions to do harm, or from extreme recklessness. An example of this in the context of a fatal car accident would be drunk driving, road rage, or street racing.
Grief Counseling Resources in Bakersfield
Grief counseling is an essential part of the recovery process for those who have unfortunately lost a loved one in a fatal car accident in Bakersfield.
Family members affected by fatal car accidents may find it hard to cope with grief, and professional support can significantly ease the burden. In Bakersfield, here is a list of places you can go to manage the grieving process:
FAQs
Two years. The statute of limitations in California allows the victims of the deceased to file a wrongful death claim within two years of the date of the accident.
No. A survival cause of action is different from a wrongful death because it does not compensate the family for their losses.
At Maison Law, there is no upfront fee for our services. We don’t get paid unless we win your case.
Contact a Fatal Car Accident Lawyer in Bakersfield
If you’ve lost a loved one due to the carelessness or wrongful act of another, we can help. At Maison Law, we understand how difficult of a time this can be for your family and we’d like to get you the compensation you need for your loss.
Contact a Bakersfield wrongful death attorney today at Maison Law. Our consultation is free and you don’t pay a cent until we’ve won your case for you.
