Maison Law helps people that have been injured in accidents in Clovis. While accidents are always upsetting, some result in more severe consequences than others. The worst possible outcome is a fatal accident. Even in such tragic cases, there’s a legal process that can support you or your family. Our team can assist you through this difficult journey. Contact us today for a free consultation.
Do You Need a Lawyer for a Wrongful Death Claim?
Losing a loved one in an accident is something no one ever expects. Unfortunately, accidents that lead to death can happen in Clovis, just like anywhere else. While you don’t have to hire a lawyer to file a wrongful death claim, having one can make things easier.
A wrongful death case requires gathering key evidence and making sure everything is done right. That’s where our team can help by:
- Looking into what caused the accident
- Figuring out who’s responsible
- Collecting the evidence you need
- Offering legal advice and support for the family
- Guiding you through the process, whether with insurance or a lawsuit
- Representing you in court
While a lawyer isn’t required by the law, losing a loved one is already incredibly hard. That’s why we handle these cases with care and work hard to fight for your family’s rights. It’s a tough time, but knowing your options and having a plan can help you through it.
How Do Fatal Accidents Happen in Clovis?
The hardest part of any fatal accident is losing a loved one. But another difficult thing about these cases is that any accident in Clovis, like anywhere, can sometimes result in the death of a loved one. Where this turns into potential legal action is when negligence or unsafe behavior is involved. Usually, this involves:
- Car and truck accidents caused by speeding, distractions, or driving under the influence
- Workplace accidents when employers don’t keep the environment safe
- Companies selling dangerous products without proper warnings
- Stores selling harmful products
- Property owners failing to maintain safety, especially around pools, ponds, or lakes
Every accident is different, but the key takeaway is that you and your family have legal options. The first step though, like any other claim, is figuring out who’s responsible.
Who’s Responsible for Damages in a Wrongful Death Claim?
A wrongful death claim is a type of injury claim, so figuring out who’s responsible follows a general process. Even though it’s extremely tragic, the legal standard for “liability” is the same as any other accident–you have to establish negligence by showing that a person or group had a legal duty to act in a safe way, but they didn’t, and this led to the fatal accident.
Now obviously, it’s usually much more complicated in real life, but generally, any of the following can be liable for damages in a wrongful death claim:
- Drivers in car or truck accidents
- Vehicle manufacturers if faulty parts caused the crash
- Companies that make unsafe or defective products
- Employers if the accident happened at work
- Doctors, surgeons, or hospitals if there was medical malpractice
- Criminals who commit violent acts
- Local or state agencies that fail to maintain safe roads
- Store owners selling dangerous items
- Homeowners or landlords who don’t maintain property safety
It can be tricky to figure out who’s responsible, especially if you weren’t there when the accident happened. That’s where we can help–our team can investigate and gather the necessary evidence for your claim.
How is a Wrongful Death Claim Filed in Clovis?
The key difference between a fatal accident and a regular accident is the need for a “wrongful death” claim. This is similar to an injury claim, with a few important differences.
First, only certain people can file the claim, like:
- Spouses
- Domestic partners
- Children
- People named in the will.
If there’s no will or surviving spouse/child, other relatives like parents or stepchildren can file.
After this all shakes out, the process is pretty much the same as any other claim. It can be done through an insurance claim or lawsuit. The big difference is in the damages—– death claims focus on the loss of the loved one and its impact on the family. These damages can include:
- Loss of financial support and parental guidance
- Medical, funeral, and burial expenses
- Loss of companionship
- Emotional suffering and grief
- Loss of future earnings and benefits
There’s still a two-year deadline to file a wrongful death claim, so it’s important to act quickly if you want to recover these damages. At the same time, you or your family are going to need to take certain steps to protect a potential claim.
How Can You Protect and Strengthen a Wrongful Death Claim?
After a fatal accident, it’s crucial to take the right steps to strengthen your claim. Here’s how you can protect your case:
- Report the accident – Call 911 for an ambulance and police response right away. Also, tell property owners or employers if the accident happened on their property so they can fix any safety issues. Keep receipts and product information if a defective product caused the death.
- Gather evidence – Get witness statements, medical records, incident reports, or any available footage. This evidence can show what led to the fatal accident.
- Document expenses and losses – Keep track of all expenses, including medical bills and funeral costs. These records help show the financial impact of the loss.
- Be careful with statements – When talking to police, owners, or insurance companies, stick to the facts and don’t make exaggerated statements. This protects your claim from being undermined.
Taking these steps can make a big difference in supporting your wrongful death claim. But it’s worth remembering that fatal accidents–no matter what kind–are usually much more serious. This makes taking these steps impossible in some cases, but working with our team can make sure you and your family have what they need for a strong claim.
Frequently Asked Questions
Who can file a wrongful death claim in Clovis?
If you are a family member, like a spouse, child, or domestic partner, you can file a wrongful death claim if you lose a loved one. Aside from that, only a person named in the will can file (if they’re not a family member.)
How much can my family get in damages with a wrongful death claim?
It depends on the circumstances. Generally, the more evidence you or your family can present, the stronger your claim will be. This usually equates to more in damages, but it ultimately depends on liability and insurance coverage.
What’s the difference between a wrongful death claim and an injury claim?
A wrongful death claim is still an injury claim, it’s just focused on the loss of a close loved one rather than an injury.
Legal Support for Clovis Wrongful Death Claims
Losing a loved one is devastating, and wrongful deaths happen unexpectedly, leaving families unsure of what to do next. Our team of wrongful death lawyers in Clovis is here to support you through this difficult time.
You don’t have to face this alone. At Maison Law, we understand the challenges of wrongful death claims. While we can’t undo your loss, we can help your family move forward. Contact us today for a free consultation to get started.
