Dinuba Wrongful Death Lawyer

Maison Law represents surviving family members of lost loved ones in accidents across Dinuba. Our team understands that these are incredibly tragic situations. While it’s difficult to think about, losing a loved one gives you and other surviving family members certain legal options. To learn more, contact us today to set up a free, no-obligation consultation.

Why Would You Need a Lawyer?

Losing a loved one in an accident is the most devastating outcome possible in an accident, and it can occur unexpectedly. Legally, though, it’s still considered an injury claim. While you’re not required to have a lawyer, handling the process on your own on top of your other responsibilities can quickly become overwhelming. At that point, you should consider working with our team of experienced wrongful death lawyers. Here’s how we can help:

• Thorough investigation – We will conduct a comprehensive investigation of the accident to determine what happened and assess the strength of your case.
• Evidence collection – We will gather crucial evidence, such as medical records, incident reports, and related expenses.
• Negotiation with insurance – We will manage communications with insurance companies and negotiate on your behalf.
• Family support – We will provide compassionate support to you and your family, making the legal process more manageable during this difficult time.

Although you aren’t required to have a lawyer, dealing with the death of a loved one in an accident is almost unthinkable. We approach these cases with care and respect, while also standing up for your family’s rights. As difficult as it is to consider, you have to be prepared and aware of your options.

What Are Your Options in a Wrongful Death Claim?

When you lose a loved one in an accident, you suddenly have a lot of responsibilities. This is even more true if your loved one played a big role in providing for your family. Then, there’s the loss of companionship that you and the rest of your family will have to deal with. All of this adds up to a massive loss. And although you have the legal option to file a wrongful death claim, it’s a bit different than a normal injury claim.

Under California law, only spouses, domestic partners, or children can actually file the claim

If the deceased person didn’t have a living spouse or children, other relatives may be able to file a claim, such as:

• Parents
• Brothers and sisters
• Cousins
• Unmarried partners and their children
• Stepchildren
• Personal representative of the estate

Once this is sorted out, the claims process looks very similar to that of other injury claims. Namely, you can either file a claim for damages, either through the insurance company directly or via a wrongful death lawsuit. Like any other claim, this will allow you to recover certain “damages” on behalf of your family that includes:

• Lost financial support from the deceased
• Physical pain and suffering, and emotional distress your loved one and family went through
• Guidance and support the deceased would have provided to their family
• Lost earnings and benefits from the deceased’s job
• Future earnings the deceased would have made
• Medical and funeral expenses paid by the family or estate
• Punitive damages in certain cases

It’s crucial to be aware that there’s a time limit to file a wrongful death claim, just like with any injury claim in California. Currently, you have two years from the date of the person’s death to file. Missing this deadline could mean missing out on the financial support your family needs to move forward.

What You Need to Do For a Strong Wrongful Death Claim

Another thing that differentiates a wrongful death claim from a typical injury claim is in how it’s strengthened and protected. Obviously, the steps that need to be taken differ from those in a typical accident scenario. This is because many of the usual steps taken to protect a claim don’t apply when the injuries lead to death. However, if legal action is possible, it’s crucial to make sure the following things are done to protect the claim:

• Report the accident – Immediately notify the police and emergency services to respond to the scene. Depending on the location, also inform the property owner, store manager, or employer, if applicable. In cases involving dangerous products, retain receipts or any pertinent information.
• Gather evidence – Gather details like witness statements and any evidence related to the accident. This may include medical records, incident reports, or surveillance footage.
• File an insurance claim – Inform your insurance company after reporting the accident to the authorities, allowing them to start their claims process.
• Document expenses and losses – Document all associated costs, such as medical bills and funeral expenses, to establish the losses experienced by your family due to the accident.

Naturally, these steps are going to vary depending on the circumstances of the particular accident, but prioritizing your loved one’s health and safety is paramount unless the injuries are immediately fatal. In such cases, focus shifts to gathering information and presenting it effectively. Our team is here to help you and your family with this. And another important area where our experience and resources come into play is figuring out who’s responsible for your family’s damages.

Who’s Responsible For Damages in a Wrongful Death Claim?

A wrongful death claim is technically seen as an injury claim, which means there’s a general way to figure out who should pay for your family’s losses. This is important because it can happen in any type of accident.

Legally, it boils down to negligence. Usually, the person at fault is the one who:

• Was careless
• Caused the accident and the fatal injuries

But it can get complicated. Any type of accident can lead to a wrongful death. That said, there are certain scenarios that are more likely than others:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Bicycle accidents
• Workplace accidents
• Death from dangerous or defective products
• Medical malpractice or negligence
• Drowning or other dangerous conditions on a property
• Criminal acts

So, while this narrows it down somewhat, liability for your family’s damages is ultimately going to depend on what happened and what caused your loved one’s death. This opens up any of the following to such liability:

• Drivers – This includes anyone operating a car or truck involved in a collision. It could be due to speeding, distractions like texting, or disobeying traffic laws. These accidents can result in injuries or fatalities for drivers, passengers, or pedestrians.
• Car manufacturer – If a car part malfunctions, causing an accident resulting in death, the responsibility may fall on the manufacturer. Defective parts like faulty brakes or airbags can lead to serious accidents, making the car company liable for damages.
• Product manufacturers – When companies manufacture products that are unsafe or malfunction, they can be held responsible for any harm caused. This includes items like toys with choking hazards, appliances with electrical faults, or medications with undisclosed side effects.
• Employers – Employers have a duty to provide a safe working environment. If an employee is injured or killed on the job due to unsafe conditions or lack of proper training, the employer may be held accountable for negligence.
• Medical professionals or facilities – Medical professionals are expected to provide a certain standard of care to patients. If they make mistakes during surgery, misdiagnose an illness, or administer the wrong medication, resulting in death, they may face legal consequences for medical malpractice.
• Violent offenders – Criminal acts like assaults, robberies, or homicides can lead to severe injuries or loss of life. The perpetrators of these crimes are legally responsible for the harm they cause and may face criminal charges as well as civil lawsuits for damages.
• Government agencies – Governments are responsible for maintaining safe roadways. If neglected maintenance, like potholes or inadequate signage, contributes to an accident resulting in death, the government agency may be held liable for negligence.
• Store owners or management – Stores must ensure the products they sell are safe for consumers. If a store sells a defective or dangerous product that causes harm, such as contaminated food or faulty equipment, the store owner or manager may be held accountable.
• Property owners or landlords – Property owners have a duty to maintain safe premises. If hazards like slippery floors, broken stairs, or lack of security measures lead to injury or death on the property, the homeowner or landlord could be held liable for negligence.

No matter who’s responsible, losing a loved one in an accident is life-changing. While the legal process won’t bring your loved one back, it can help your family move forward. And our team will be there to support them throughout the process.

Dedicated Dinuba Wrongful Death Lawyers

Our team of dedicated Dinuba wrongful death lawyers at Maison Law are here to help you heal. We understand how painful a wrongful death claim can be. That’s why we offer tailored legal services and emotional support to victims.

Contact us today for a free consultation and let us help you during this challenging time.