Maison Law represents the families of fatal truck accident victims in Corcoran. If you’ve lost a loved one due to a careless truck driver, the Wrongful Death Attorneys at Maison Law are here to guide you and your family through every step of the legal process.
We understand nothing can replace the loss of a loved one, but we have the legal resources to help you regain financial security and bring some semblance of closure to this unfortunate period of your life. Contact Maison Law today for a confidential, no-cost consultation.
Do I Need A Lawyer for a Fatal Truck Accident in Corcoran?
Fatal truck accidents can be devastating for a family, and even a community. While having to deal with the loss of a loved one is difficult enough, the matter only becomes more challenging when trying to battle the insurance company for financial support.
The unfortunate truth of fatal truck accidents is that the insurance company is not on your side. Even with something as horrible as losing a loved one, they will be looking to protect their bottom line, paying you as little as they can for the damage done to you and your family’s lives.
In cases like this, the Wrongful Death Attorneys at Maison Law are here to guide you through the arduous legal process and protect your right to compensation. We work on the side of justice and aggressively fight for those who are suffering the misfortune of losing a loved one due to the reckless actions of another. Our support includes:
- Investigating your accident: we will uncover evidence to support your case and establish liability and the scope of your damages.
- Managing legal paperwork and communications: our firm will handle all communications to help you avoid the risk of inadvertently devaluing your claim by speaking with the defense, as well as allow you to grieve without having to deal with the legalities of your case.
- Negotiating on your behalf: we will work diligently to negotiate a fair settlement for the full value of your case.
- Litigating your case: If a settlement cannot be reached, our experienced wrongful death attorneys will represent you in court and fight for the compensation you and your family need.
What Damages Can My Family Recover After a Corcoran Fatal Truck Accident?
At Maison Law, we hold the insurance companies responsible and protect the right to compensation for families who have suffered the loss of a loved one in a Fatal Truck Accident. Our firm settles for nothing less than the full extent of your damages after losing a loved one. These damages include:
- Funeral and burial expenses: cover the costs associated with saying goodbye to a loved one
- Loss of financial support: compensation for the loss of income provided before the untimely loss of a loved one
- Emotional distress and support: compensation for the psychological and emotional toll a loss can have on the surviving family members
- Pain and suffering: if the decedent was exposed to pain and injuries before their untimely death, your family can seek compensation for what they had to endure
- Loss of consortium: this covers the loss of love and companionship you and your family have lost
Are Punitive Damages Available in a Corcoran Fatal Truck Accident?
In most cases, punitive damages are not available in a wrongful death lawsuit in California, even if the liable party was extremely reckless. The only exception to claiming punitive damages in a fatal truck accident would be if the death was a result of a felony homicide. The liable party in this situation, however, must be convicted of the offense before a wrongful death claim can be filed.
Punitive damages can be claimed by filing a survival action claim. For punitive damages to be rewarded 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 truck accident would be drunk driving or road rage.
Liability in a Corcoran Fatal Truck Accident
Let’s say, for example, a person pulls out onto Whitley Avenue in downtown Corcoran at night, and a truck without its headlights on plows into the side of the vehicle. The driver in the vehicle is fatally injured and passes away before paramedics arrive. How is liability proven in this case?
In California, the surviving family can bring a wrongful death action in a fatal truck accident if a direct act of carelessness, recklessness, or an intentional wrong act caused their loved one’s death. In a case like this, the plaintiff (the family of the driver) must prove the defendant (the truck driver):
- Had an obligation to act with reasonable care
- Breached their “duty of care”
- As a result, the plaintiff suffered the loss of a loved one
- The reckless act was foreseeable and could have reasonably been avoided
So, while the defense in this case might try to suggest the family’s loved one should have been more cautious when pulling out onto the road late at night, the duty of care was already breached by the truck driver who failed to have their headlights on.
It may seem like a straightforward wrongful death case, but defense attorneys can be ruthless and will suggest anything to make the decedent responsible for their own death. For that reason, it is recommended to speak with an experienced Wrongful Death Attorney to protect families in Corcoran from liability.
Who Can Bring a Wrongful Death Lawsuit in a Fatal Truck Accident in Corcoran?
Before pursuing damages in a wrongful death lawsuit, you should know the legal requirements of who is permitted to file the lawsuit. Typically, this right is reserved for immediate family members because they are the ones most affected by the loss. However, in California, several other people are allowed to file suit, according to the Code of Civil Procedure, section 377.60. The eligible members include:
- Surviving spouses
- Domestic partners
- Children
- Grandchildren (only if the deceased person’s children have also passed away
- Stepchildren may claim damages if they were at least 50% dependent on the decedent’s financial support
- Dependent minor living in the household
- The next of kin
- Anyone entitled to the deceased’s property under intestate succession law
However, if no one in the decedent’s life fits the listed people above, there are additional individuals who qualify for compensation. If a person is dependent on the decedent such as a stepchild, or parent, they become entitled to compensation.
What is the Typical Compensation for a Fatal Truck Accident in Corcoran?
Compensation for fatal truck accidents can be difficult to predict. With so many variables, no case is the same and factors such as the amount of income lost due to the loss of your loved one, the amount of medical bills owed due to the accident, and the funeral expenses all vary in cost on a case-to-case basis. However, an average amount can be reached by calculating the cost of economic and non-economic damages you and your family have suffered. These damages include:
- The financial support received from the decedent
- Loss of income the decedent would have continued to earn
- Funeral and burial expenses
- Loss of benefits the family would have received from the decedent
- Loss of consortium
- Mental trauma and anguish associated with the loss of a loved one
Even if your loved one is found partially at fault, you and your family can still file a wrongful death claim and are still entitled to damages. The legal complexities of a wrongful death lawsuit may seem intimidating, but it is advisable to consult an experienced wrongful death attorney to see what options are available to you.
FAQ
Q: What is California’s “one action” rule?
A: California’s one-action rule says all eligible family members must participate in the same wrongful death lawsuit. This prevents each family member from attempting to sue the liable party multiple times.
Q: What is the process for filing a wrongful death claim or a survival action?
A: To file a wrongful death claim or a survival action, your first step is to meet with an attorney. Maison Law representatives are available 24/7, and we are happy to set up an appointment with you over the phone or in person.
Q: How does wrongful death DUI differ from wrongful death?
A: In cases where drunk driving led to a fatal accident, families may be able to claim additional punitive damages. These damages are rare in wrongful death accidents because those accidents are typically done out of carelessness, rather than extreme recklessness like drunk driving. Punitive damages serve as a punishment to the drunk driver for their wrongdoing.
Contact a Fatal Truck Accident Lawyer in Corcoran
If you’ve lost a loved one due to the careless driving of another in Corcoran, the Fatal Truck Accident Lawyers at Maison Law will aggressively pursue compensation from the responsible parties to reach a successful outcome on your family’s behalf. Contact Maison Law today for a completely confidential and free evaluation of your case. There is no upfront charge or hidden costs for our services. We operate on a contingency fee basis and we don’t make a cent unless your case is won.
