Maison Law compassionately represents Fresno families who have lost a loved one in a tragic accident.
When someone’s negligence is to blame for the death of a family member, those left behind must receive full support so they are protected financially through such a difficult time. Please contact us to schedule a free, no-obligation consultation with a real lawyer and find out about every benefit available to your family.
Should My Family Contact a Wrongful Death Lawyer?
If a loved one is killed in an accident caused by someone else’s mistake, families have the legal right to seek justice and financial restitution. Families are empowered to seek financial help from insurance companies, but that doesn’t mean they’ll receive the support they should. Insurance adjusters are trained to try to limit what families receive and they can even attempt to blame an innocent victim for an accident.
A Fresno Wrongful Death Attorney safeguards the family’s rights and fights back against these unfair tactics. A skilled lawyer makes sure families are awarded all benefits available. A personal injury lawyer can help in filing a wrongful death claim and protecting the family’s interests. A lawyer also handles the frustrating negotiations with insurance companies while allowing as little disruption to a grieving family as possible.
Common Wrongful Death Accident Dangers in Fresno
At-fault parties who contribute to the cause of a deadly accident can be held liable for their actions through wrongful death claims. These claims seek financial support for families left behind after a tragedy. This party bearing responsibility may be a reckless driver that lost control while speeding. It may be an employer that didn’t act to give employees a safe work environment.
In almost every case, a fatal accident results from someone’s carelessness or recklessness.
These are just a few of the types of wrongful death lawsuits our attorneys assist families with each year in Fresno:
Traffic Accidents
Perhaps the number one threat to anyone who travels Fresno. Motorists can become reckless and suddenly veer into the path of a cautious driver. Devastating accidents involving box trucks, semi-trucks, delivery vans, and large farm vehicles carry extra force into collisions and frequently endanger more than one life. These accidents occur every day along busy routes like Highway 99 and Shields Avenue.
Motorcycle, Pedestrian, and Cyclist Accidents
These three groups all have one thing in common. They are all far less protected in an impact than someone in a car or SUV. Collisions have a much greater chance of ending in a heartbreaking death.
Farming, Construction, and Other Workplace Accidents
Fresno County is a prime location for agriculture and there’s also constant construction work going on. These two occupations are some of the most dangerous of any job in America. Any workplace where an employer allows unsafe conditions to exist can end up claiming the life of an employee.
Premises Liability
Property owners, landlords, and rental management companies are responsible for the safety of tenants and those renting commercial property. A crumbling stairwell or a problem around a pool could leave a property owner fully liable for a tragic loss of life. Premises liability also extends to the corporate owners of restaurants and grocery chains where slip-and-fall, trip-and-fall, and other hazards can claim lives.
Product Liability
The products we bring into our homes, like an appliance or tool, are at risk of malfunctioning and hurting us or a family member. The store that sold the product and the manufacturer could be responsible for providing support to the close relatives left behind after a fatal accident.
Sports and Recreation Injuries
Children and adults killed while playing sports for a school or city-run league can lead to a wrongful death claim. A fatal accident at a theme park or fun park might lead to a wrongful death award even if a waiver form was signed.
Accidents Involving City Government
The careless actions of a city worker or a hazard stemming from public transportation or a city service may endanger a loved one. A fatal injury suffered in a public building might also be grounds for a wrongful death claim. Cases involving Fresno government departments can have shorter deadlines to file a claim, so it’s important to act as quickly as possible after a tragedy.
Dog Bites
California is a strict liability dog bite state, and owners are responsible for their dogs even if their pets have never attacked anyone else before. If a loved one is killed in a dog attack, surviving family members can ask for financial support from a dog owner’s home insurance provider.
What Kinds of Damages Can Earn Financial Support in a Wrongful Death Case?
Families who should be allowed to focus on grieving can face an enormous stack of bills and debt after a sudden death.
When the death was the result of a negligent act by a driver, an employer, a business owner, or anyone else, families should demand help with their hardships.
These are just a few of the damages families can seek through a Fresno wrongful death claim:
- Reimbursement for a memorial service and burial.
- Money to pay for ambulance services and emergency response fees after an accident. Funds to pay for any medical care administered before a loved one passed away.
- Financial support to provide for the family in the future when they’ll be without the income a loved one can no longer provide through employment.
- Compensation for the emotional loss of the deceased’s companionship and guidance.
Who Can File a Wrongful Death Claim?
California law makes sure that families, especially a spouse, partner, or child of the victim, don’t have to face the consequences of a fatal accident alone. The Code of Civil Procedure (CCP) ARTICLE 6. Wrongful Death 377.60 goes over the specific family members who are protected after a tragic death.
A spouse, domestic partner, or the children of the victim can file this wrongful death claim. In some cases, the parents of a young victim can also file a wrongful death claim over the loss of their child. One person would file the wrongful death case on behalf of the rest of the family.
A personal injury lawyer acting on behalf of the family can also file a wrongful death case. A lawyer would fully investigate the accident to secure the evidence needed to force an at-fault party to accept responsibility.
California gives families dealing with a tragic loss up to two years to file a wrongful death claim against anyone whose wrongful act contributed to the loss of life.
What Kind of Documents Will I Need for My Wrongful Death Insurance Claim?
Physical evidence and important documents will be key to building a foundation for a strong wrongful death claim. This evidence may be key in securing an adequate settlement to protect a family in the future. It may form the basis of a lawsuit if you end up having to take an insurance company to court to demand what’s fair.
You may collect some of this proof, but if you have a lawyer, your attorney will be responsible for securing many of the documents and investigating the accident.
These are some of the pieces of evidence you’ll want to obtain after a fatal accident:
- Accident Reports and Incident Reports. After a car accident, you may need to request an copy of an accident report from Fresno Police or the CHP. If the fatal accident occurred at a business or on someone’s property, there may have been an incident report prepared.
- Coroner’s Report and Death Certificate. A Death Certificate will be important to help with the settling of affairs for a loved one that’s passed on. A coroner’s report may be necessary to prove how the victim died. You can find information on obtaining these documents here.
- Medical Receipts. When you meet with your attorney, bring any receipts from medical treatment and ambulance fees you have.
- Paystubs. You’ll need to prove how much income and support have been lost since the death of a beloved family member. Bring the victim’s old pay stubs to prove what they have provided to a spouse and children in the past.
- Photos and Surveillance Video. If you have any photos from the scene of the accident or from the hospital (if the victim didn’t die immediately), include them in your claim. Request any surveillance video that may have captured the accident. If you hire a Maison Law attorney for the wrongful death case, you can rest assured that video will be gathered up.
- Witness Statements. Turn over any contact information for witnesses to your attorney. Keep any written statements you receive from witnesses.
Grief Support for Family Members After a Fatal Accident
Families should receive financial help to pay for professional mental health care when having to manage the grieving process. But there are many resources available in Fresno for grieving families. They allow individuals to speak with others who have experienced loss. These groups are usually free or come at a very low cost.
These are just a few of the options available for those in mourning:
- Saint Agnes Medical Center: Local hospitals have formed several groups to help those who have recently lost someone. Saint Agnes Medical Center holds a meeting on the 1st and 3rd Tuesdays of every month. It’s held at the Saint Agnes Administrative Center. Visit their site here for more information.
- Hinds Hospice LifeCare in Fresno offers 12-week classes for individuals and couples working through the stages of grief.
- GriefShare groups meet at several local churches each month, including Northwest Church, The Bridge, and Campus Bible Church near Fresno State.
Frequently Asked Questions
Most wrongful death claims settle out of court and very few cases end up before a judge and jury. Insurance companies want to avoid the costs of going to court. Your family can accept a settlement offer at any time, even after scheduling a trial.
Upon filing a wrongful death claim on behalf of your family, your lawyer will be negotiating for a fair settlement. In a clear-cut case of fault, you may reach an agreement in your family’s favor in a matter of a few weeks. If a trial is necessary, the timeline will get longer.
Each wrongful death case is different. It’s hard to estimate a case’s worth until a lawyer investigates the accident involved. The limits on the insurance policies involved will figure into the value of a case. They also consider the age and life expectancy of the victim.
Contact a Fresno Wrongful Death Lawyer
Families should be allowed the time they need to grieve after a tragic accident, but bills and hardships stemming from a tragedy can make a wrongful death lawsuit necessary. A wrongful death attorney can handle your case privately with as little disruption to close family members as possible.
Contact Maison Law for a free and confidential case evaluation for any family in Fresno County. Our lawyers offer compassionate care to those in mourning to ensure they don’t suffer the financial consequences of someone else’s mistake.
And families who need help securing support don’t need to have any money to hire a wrongful death lawyer. Maison Law doesn’t charge anything unless we win your case for your family. Then our fee is paid out of the settlement money an insurance company is forced to provide.
