Maison Law can help you and your family through the wrongful death claims process after a fatal accident in Delano. When an accident turns fatal, it’s by far the worst outcome. But in the middle of your family’s grief and questions, the claims process can provide some practical help for you all to move forward. Our team can guide you through that process and support you. Set up a free consultation today to learn more.
When It Helps to Have a Wrongful Death Lawyer
Losing someone you love unexpectedly changes everything. And when their death happens because someone else was careless, you’re left trying to process your grief while dealing with financial stress, unanswered questions, and responsibilities you weren’t prepared for.
That’s when it helps to have a lawyer, not to make things more complicated, but to take some of the weight off your family. Our Delano wrongful death team can help your family with:
- Looking into what happened and who might be responsible
- Getting information and evidence to support your family’s claim
- Explaining your options and what to expect
- Dealing with the back-and-forth with the insurance company so you don’t have to keep reliving the accident
Your family has already been through enough. Dealing with a wrongful death claim shouldn’t add to that burden. We’ll help take care of the process so you can focus on each other. But that brings up a natural question: how does the process work exactly?
What Makes a Wrongful Death Claim Different?
Nobody wants to go through something as tragic as losing someone they care about in a fatal accident—let alone then going through a legal claim. It can feel cold. But unfortunately, something like this brings very harsh realities to the forefront. Things like funeral expenses, loss of financial support, benefits, and very real grief. All of that is what makes a wrongful death claim unique. And because of that, a wrongful death claim works a bit differently than a normal injury claim.
To start with, only certain people can file it, usually:
- A surviving spouse, partner, or child. If there isn’t a surviving spouse, domestic partner, or child, certain other close family members or someone named an executor in a will could be appointed by a judge.
That’s usually the first hurdle to clear with one of these claims, but once that’s done, things start to look more familiar. To get damages, your family can either:
- File an insurance claim and try to reach a settlement
- File a wrongful death lawsuit if things aren’t resolved
And once the claim is actually filed, the other big difference comes in. Damages in a wrongful death claim usually involve:
- Loss of financial support your loved one would have provided
- Funeral and burial expenses
- Loss of love, companionship, care, and guidance
- Loss of household services
Like other types of claims, your family’s damages are going to be specific to what happened. But the overall idea is the same: getting financial help for what you’ve all lost and will continue to have to deal with. Which brings us to the next step: figuring out who has to pay for these damages.
Who Has to Pay For Damages in a Wrongful Death Claim?
While the stakes with a wrongful death claim are understandably huge, the underlying mechanics of the actual claim are largely the same as a non-fatal accident. That includes how you figure out who has to pay for your family’s damages.
It’s still based on negligence, and depending on the accident and what happened, that could involve:
- Someone who caused a fatal car, motorcycle, truck, or pedestrian accident through careless or reckless driving.
- A company or business whose actions, or whose employee’s actions, led to the fatal accident.
- A property owner or business that failed to address a dangerous condition they were responsible for.
- A company that made or sold a defective product that contributed to the death.
- The local or state government that failed to take care of a dangerous road condition or another unsafe condition
- Someone whose wrongful or criminal actions led to the fatal injuries.
Being involved in an accident doesn’t automatically make someone legally responsible. It takes a closer look at the evidence and how everything unfolded. And when someone has died, getting clear answers can be especially difficult. That’s why information matters so much in these types of claims.
Information That Can Help a Wrongful Death Claim
Gathering records after losing someone can be difficult. You’re already dealing with enough, and going through reports, medical records, and financial documents can bring everything back. You don’t have to collect everything yourself, but certain information can help your family understand what happened and support a claim. This may include:
- The death certificate and coroner’s report
- Police reports or incident reports
- Medical records related to your loved one’s treatment
- Statements from people who witnessed the accident
- Pictures/videos from the scene, including security footage, traffic cameras, or dashcam recordings
- Pay stubs, tax returns, and other records showing your loved one’s income
- Funeral bills and records of household expenses
Not every case will involve all of these records, and there may be other information worth gathering depending on how the death ultimately happened. Our team can help track down the information, look into the circumstances, and handle the day-to-day parts of the claim. You don’t need to have all the answers before reaching out.
Frequently Asked Questions
What if the insurance company says it won’t pay?
This can happen if you try to go through an insurance company’s fatal accident policy. Even though it’s obvious that the accident was fatal, an insurance company can still look at the evidence when deciding how to approach your claim. If they don’t give you a fair result, you can move forward with a lawsuit.
What if my loved one died days or weeks after the accident?
You might still have a viable claim, as long as you can show that their death resulted from the accident in question. Medical records, death certificates, and other evidence can help show what happened and how the injuries led to their passing.
How long do we have to file our wrongful death claim?
Generally, there’s a two-year deadline from the date of death to file. But if the claim involves a government agency, the timeline is much shorter. That means it’s important to act quickly, despite how painful that can be.
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.