Corcoran Wrongful Death Lawyer

Maison Law supports the families who have suffered the untimely loss of a loved one. Our firm recognizes the need for compensation after a wrongful death caused by a wrongful act or negligence. While there’s no bringing back a loved one, we can offer grieving families a measure of justice and financial security to help with the monetary loss of a wrongful death. Contact Maison Law for a no-cost, no-obligation consultation.

How a Corcoran Wrongful Death Lawyer Can Help

From its gorgeous lakes to its strong agricultural economy, Corcoran is home to the most remarkable geographical features in the San Joaquin Valley. Unfortunately, with all the transportation surrounding Corcoran’s bustling horticulture economy, car accidents are the leading cause of wrongful death in high-traffic areas according to the California Office of Traffic Safety.

If you find yourself in the unfortunate situation of losing a loved one in a fatal car accident, truck accident, motorcycle accident, or premise liability, Maison Law can help. Our team of Wrongful Death Attorneys will take legal action against the party responsible for causing the untimely loss of your loved one and secure compensation for:

• Medical bills directly related to the accident injuries from the time of the accident to your loved one’s death.
• Funeral and burial expenses
• Lost income, which includes income from the time of the accident and future lost income
• Loss of household services your loved one used to provide
• Pain and suffering the decedent was exposed to before their untimely death
• Medical bills the decedent may have accumulated
• Loss of consortium

Who Can File a Wrongful Death Lawsuit in California?

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. Wrongful acts that are the direct cause of death in California typically include:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Premises liability
• Murder or manslaughter
• Elder abuse or neglect
• Child abuse or neglect
• Medical malpractice

It is important to note that a person can still be found liable for a wrongful death even if they were acquitted of their actions as they relate to a criminal case.

Proving Wrongful Death in Corcoran

When dealing with a wrongful death, it is not always easy to prove fault, but it is an essential part of receiving damages after an untimely loss. In some instances, there are multiple parties involved, which further complicates who you can sue for damages. In these situations, California uses the legal term “Comparative Negligence” to divide blame amongst multiple “at-fault” parties as stated in California’s Comparative Negligence Law.

Regardless of how many parties are involved, if you can prove someone else’s negligence caused the death of your loved one, you will most likely have a case. The following are four elements of evidence necessary to prove fault in a wrongful death case:

1. Had an obligation to act with reasonable care: For example, if a person is driving a car or a truck they are expected to follow traffic laws, as well as be aware of other drivers on the road.
2. Breached their “duty of care:” The plaintiff must demonstrate they were owed a duty of care by the person at fault. For example, in a fatal motorcycle accident, the duty of care would have been ignored if another car broke a traffic law and was driving dangerously before the collision.
3. Acted careless or reckless: If the defendant failed to act with a duty of care and caused another’s death, the plaintiff must prove the other’s careless or reckless actions resulted in the loss of their loved one.
4. Damages: The plaintiff must be able to prove they suffered damages due to the loss of their loved one.

How Much Time Do I Have to File a Wrongful Death Lawsuit in California?

According to the Statute of Limitations in California, you have two years from the day you lost your loved one to file a wrongful death claim. However, there are some exceptions. For example, if a government vehicle ran a red light and caused the death of your loved one. You would have six months, instead of two years to file a wrongful death claim.

Another exception would be the “discovery rule.” This rule delays the statute of limitations if you could not have reasonably known about the wrongful death right away. For example, let’s say defective breaks on a truck caused a cyclist to crash. The cyclist suffers a brain injury, but the injury isn’t fatal until years later. The discovery rule says that the two-year clock does not start running until the day the cause of their death is discovered.

What are the Damages for Loss of Life in Corcoran

After a fatal accident, the decedent’s family can file a wrongful death claim, as well as a survival action claim to receive damages. In a wrongful death claim, there are 4 types of damages the victim’s family can receive. These include:

1. Burial and funeral expenses
2. The decedent’s lost income and financial support
3. Pain and suffering
4. Loss of consortium

Survival action is oftentimes filed along with a wrongful death claim because it claims damages the victim suffered before their death. Survival action damages normally include:

• Medical expenses the decedent incurred because of the wrongful.
• Damage to the decedent’s property during the wrongful act
• Wages the decedent lost between the wrongful act and the date of death
• Non-economic losses such as:
  • Pain and suffering
  • Loss of enjoyment of life
  • Disfigurement

Contact a Corcoran Wrongful Death Lawyer

If you’ve lost a loved one due to the careless acts of another or a hazardous condition, the Wrongful Death Attorneys at Maison Law are here to help you through this difficult time. We understand the profound impact such a loss can have on your family and when you’re ready to take legal action, we’re here to pursue justice on your behalf.

Contact Maison Law today for a no-fee, confidential consultation. We work on a contingency fee basis, which means you won’t pay any legal fees unless we recover compensation for you.