Losing a loved one is devastating, no matter what the circumstances are. However, when the death occurs because of an accident that was caused by another’s negligence or recklessness, it’s even more tragic. Unfortunately, these accidents are not uncommon in Delano. Whether they occur because of a car accident, defective product, motor vehicle accident, medical negligence, or a number of other ways, it can leave you and other surviving family members searching for answers.
Dedicated Legal Support From Delano Personal Injury Lawyers
If you and your family have experienced the pain of losing a loved one due to a wrongful death, Maison Law is here to listen and help you through this incredibly difficult time. Our team of Delano personal injury lawyers is dedicated to protecting your family’s rights and holding the responsible parties accountable.
We explore all avenues of support for our clients, with the ultimate goal of securing your family’s financial future so you can focus on the grieving process and moving forward. Contact us today to set up a free, no-obligation consultation to learn more.
Fatal Accident Statistics in Delano
One of the most difficult aspects of an accident in Delano is that, under certain conditions, any accident can result in fatal injuries. According to data from the Centers for Disease Control (CDC), there were 20,879 fatal accidents in California in 2021.
While Delano lacks the population of larger California cities like Los Angeles and San Francisco, there is still a wide range of accidents and causes in Delano where a wrongful death situation can happen.
Understanding the legal definition of wrongful death and knowing what steps to take if it happens to a loved one are essential for a successful claim.
Accidents That Can Lead to Wrongful Death Claims in Delano
Wrongful death accidents in Delano, as in other places, are particularly tragic because they happen unexpectedly. In fact, death can result from almost any type of accident, giving rise to a wide variety of different scenarios in which a wrongful death could occur. Some common examples include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Construction accidents
- Medical malpractice
- Defective products
- Unsafe property conditions
- Work-related accidents
- Intentional criminal acts
In California, the law holds that wrongful death claims are established when there is:
- Evidence showing that the person’s death was caused by another person’s wrongdoing or negligence.
For instance, a wrongful death can occur when:
- A driver runs a red light while driving under the influence, causing a fatal crash with another vehicle.
- A surgeon operates negligently, leading to the death of a patient.
Every wrongful death case is different, and figuring out who is responsible can be complicated. If you’ve lost a loved one because of someone else’s negligence or wrongdoing, it’s crucial to understand how the process works and whether or not you’re able to actually file a claim.
Who is Able to File a Wrongful Death Claim in Delano?
Under California law, only certain family members or representatives have the right to file a wrongful death claim. In Delano, these include people like:
- Surviving spouses or domestic partners
- Children of the deceased person
If there are no surviving spouses or children, other relatives who would inherit the deceased person’s property without a will can also file a claim. This includes:
- Parents
- Siblings
- Cousins
- Common law spouses and their children or stepchildren
- Beneficiaries or trustees of the estate
Knowing who can file a wrongful death claim is just one aspect of the process. In a claim, there will be various factors when assessing the value of the claim, as the ultimate goal is to seek compensation and support for the loss.
What Factors Go Into a Delano Wrongful Death Claim?
While facing the loss of a loved one after a Delano accident is painful, it’s important to understand how the claims process works. Like any other accident, determining liability hinges on negligence. Thus, whenever there is an accident that results in the death of a loved one, the person or entity that acted negligently and caused the accident will be responsible for covering the damage. In a wrongful death claim, negligence can be determined by proving the following:
- The responsible party had a duty of care to the deceased, breached that duty through their actions or inactions, and this breach directly caused the death.
Evidence is crucial in establishing negligence and building a strong case for the wrongful death claim. This can include:
- Witness testimonies
- Expert analysis
- Physical evidence
- Relevant medical records
There is another element that’s unique in wrongful death claims, though. Usually, they involve various factors that determine the amount of support and benefits you may recover. The responsible party’s insurance company, which will handle the claim, reviews specific information and factors to assess the claim. Usually, this involves the following:
- Age of the deceased
- Age and situation of any dependents
- Their income at the time of death
- Earning potential
- Education
- Health condition
- Medical expenses incurred
- Funeral and burial costs
- Value of any lost benefits
Wrongful death claims are unique, and the value is influenced not only by these mentioned factors but also by the specific circumstances of the accident that led to the loss. Ultimately, the insurance company of the at-fault person will decide on the final amount for the wrongful death claim.
Filing a Wrongful Death Claim in Delano
Obviously, the loss of a loved one has far-reaching implications for surviving family members. After the initial shock of the death wears off, the surviving family members are likely facing significant financial and mental losses that can be extremely hard to recover from, if that happens at all. Thus, a wrongful death claim aims to provide benefits and support to family members for the losses they experience due to the absence of their deceased loved one. The support typically covers the period from the time of death until the expected lifespan of the deceased had the accident not occurred.
These claims allow for various types of losses, including:
- The financial assistance and income that the deceased person would have provided to the family.
- The companionship that is no longer present due to the absence of the deceased person.
- The emotional distress and suffering resulting from the loss.
- The absence of parental guidance, instruction, and companionship.
Again, while every wrongful death claim is unique, the potential damages that can be recovered include things like:
- Funeral and burial expenses – This covers the expenses related to the funeral and burial of the deceased person. If the family had to pay for these expenses, they can seek reimbursement for these costs as well.
- Lost benefits – Benefits are additional forms of compensation that an employee may receive from their job, such as health insurance, retirement plans, or other perks. If the deceased person had such benefits, the family may be entitled to compensation for the loss of these benefits.
- Lost wages – This refers to the money that the deceased person would have earned from their job or occupation if they had lived. For example, if they were the primary breadwinner of the family and their income would have supported the household, this lost income would be considered.
- Future earnings – This includes the potential income that the deceased person would have earned over their lifetime if the accident had not occurred. It takes into account factors like career growth and salary increases that they might have experienced over time.
- Medical expenses – These are the costs incurred for medical treatment and care that the deceased person received before their passing. If the family had to pay for medical expenses out of pocket, they may be eligible to seek compensation for these costs.
In California, like any other claim, a wrongful death claim must be filed within a specific time limit known as the statute of limitations. This time limit is two years from the date of death. If you fail to file the claim within this period, you may lose the opportunity to seek compensation and support for your loss. Thus, it’s important to act quickly and work with experienced Delano personal injury lawyers that can help you.
Delano Personal Injury Lawyers Will Be There For You
Losing a loved one is always incredibly tough, and it becomes even more challenging when their death was caused by someone else’s negligence or violence. The financial burden that follows can add to the pain of the situation.
Although the process of filing a wrongful death claim may be difficult, our caring and dedicated team of Delano personal injury lawyers at Maison Law will be there to support you every step of the way. We offer free consultations to help you understand your legal options and begin the process of seeking justice and healing. Don’t wait–contact us today to set up your free consultation.
