Fremont Wrongful Death Lawyer

Maison Law represents family members that have lost loved ones in accidents. Our Fremont personal injury lawyers are here to guide and support your family through the entire process of pursuing a wrongful death claim. We are committed to offering a personalized approach to each client, providing validation and sympathy during this challenging period. Contact us today to set up a free, no-obligation consultation to discuss your options and the path forward.

Do You Need a Lawyer For These Claims?

A wrongful death claim falls under the umbrella of personal injury, which means that what you or your surviving family will be filing is technically an injury claim. While there’s no legal requirement in California that says you need a lawyer to represent you, these types of claims typically involve the need for crucial guidance and sometimes-complicated maneuvering.

So, it’s well within your right to try to go it alone, but having our experienced team on your side can make the process much, much easier. Here’s how we approach these cases:

• Investigation and legal guidance – One of the first things we can do for you is put our resources into a full, comprehensive investigation of what happened. This means looking at the timeline of events that will give us a picture of the fatal accident. Then, we’ll evaluate the relative strength of your claim and let you go from there.
• Gathering evidence – Even in a fatal accident, the evidence you’re able to get and present will determine how effective your case is. We can help you by gathering things like medical records, incident reports, photos, videos, funeral and burial expenses, and anything else that we can use to show the extent of your losses.
• Dealing with insurance – One way or the other, an insurance company is going to be involved. This can be especially hard in situations where you’ve lost a loved one. Because it’s such an emotional and challenging process, our team can review policies and handle all the communication and negotiation with the insurance company.
• Easing your family’s burden – Losing a loved one in an accident is almost unthinkable, but the reality is that it also comes with responsibilities. Our team takes a great deal of pride in handling these cases with the utmost respect. More than anything, we can ease the burden of the legal process on your family.

Can I file a wrongful death claim?

Aside from the emotion, one of the things that sets a wrongful death claim apart from other injury claims is that only certain people in California can file them. In a normal injury case, you–being the victim–have the legal right to bring a claim for damages. However, when the accident is fatal, the following people can file a claim on behalf of the deceased victim:

• Living Spouse
• Living Domestic Partner
• Living Children

In situations where the deceased individual does not have a living spouse or children, a claim can be initiated by any individual entitled to the deceased’s property through “intestate succession,” which refers to passing away without a will.

This broadens the scope of potential claimants to encompass:

• Parents
• Siblings
• Cousins
• Common law spouses and their children
• Stepchildren

Legal Process in a Wrongful Death Claim

When someone we love passes away due to an accident, it’s really hard for the family left behind. It’s not just about dealing with the immediate shock and grief; there are also big financial and emotional problems to deal with.

That said, there’s a way to figure out liability in these incidents–just like any other accident in Fremont. The starting point is establishing negligence, and moreover an accident is deemed a wrongful death when:

• The person responsible had a duty to take care of the deceased.
• They failed in this duty by doing something wrong or not doing what they should have done.
• This failure directly led to the person’s death.

In a typical wrongful death claim, you or your surviving family member that files the claim can potentially recover the following damages:

• Funeral and burial expenses – These cover the costs associated with the funeral and burial of the departed loved one.
• Medical expenses – Similar to an injury claim, medical expenses and bills linked to the injury or illness leading to the wrongful death can be recovered.
• Loss of financial support – A significant component of these claims, these account for the income and financial contributions the deceased would have provided to the family.
• Pain and suffering – These damages cover the physical pain, emotional distress and mental anguish experienced by surviving family members.
• Loss of companionship – This category of damages covers the emotional and psychological impact of losing a loved one, including the effect on the surviving spouse’s relationship with the deceased.
• Punitive damages – Awarded in exceptional cases where the responsible party’s actions are particularly egregious or reckless.

Importantly, a wrongful death claim has a statute of limitations, just like any other injury claim. Currently in California, you have:

• Two years from the date of death to file the claim.

If this deadline is missed, your family may not be able to get these vital damages as they try to move forward.

Evidence in a Wrongful Death Case

Understanding the process of a wrongful death claim is crucial when dealing with the loss of a loved one after an accident. Just like any other claim, though, building a strong case requires evidence, which can include:

• Witness testimony – People who saw the incident firsthand share their experiences. This helps get different perspectives and a detailed view of what happened.
• Expert analysis – Professionals in relevant fields, like scientists or forensic experts, provide insights. Their expertise adds credibility and helps understand technical details.
• Tangible evidence – Physical proof or objects related to the incident, like items found at the scene or forensic evidence, help build a clear picture.
• Medical records – Documents detailing an individual’s health provide important information, especially in cases involving injuries or health-related incidents.

Additionally, wrongful death claims involve specific factors that determine the extent of the support and benefits you may receive. The responsible party’s insurance company, handling the claim, considers various details, including:

• The deceased’s age
• The age and circumstances of any dependents
• Income at the time of death
• Potential earnings
• Educational background
• Health status
• Incurred medical expenses
• Costs for funeral and burial
• Value of lost benefits

These claims are unique, and the value is not only influenced by these factors but also by the specific circumstances of the accident leading to the loss. Ultimately, the at-fault person’s insurance company will decide on the final amount for the wrongful death claim.

What Accidents Can Lead to a Wrongful Death?

Wrongful death claims are particularly heartbreaking because they happen unexpectedly. The tragedy lies in the fact that death can stem from various accidents. Some common scenarios include:

• Car or truck accidents
• Motorcycle, bicycle, and pedestrian accidents
• Defective products
• Exposure to toxic chemicals
• Burn injuries
• Medical malpractice
• Workplace accidents

What should you do?

In terms of what you should do, a wrongful death claim is quite different from a normal accident. This is due to the fact that many of the things that you would need to do to protect your claim in a typical accident aren’t possible when the accident is fatal. That said, here’s what you can do as a surviving person that wants to file a wrongful death claim:

• Report the accident or incident – Tell the police and any other authorities about the incident for proper documentation.
• Collect information and evidence – Gather details like witness statements and evidence related to the accident.
• Tell insurance companies – After you report the accident to police, contact your insurance company to tell them what happened so they can start their process.
• Keep track of expenses – Record all expenses, like medical bills and funeral costs.