Gilroy Fatal Bicycle Accident Lawyer

Maison Law represents the families of fatal bicycle accident victims in Gilroy. If you’ve suffered the untimely loss of a loved one in a bicycle accident due to the careless actions of another, Maison Law can help.

The Wrongful Death Attorneys at Maison Law will expertly manage your case and utilize all courses of legal action to get you the compensation you need during this difficult time in your life. Contact Maison Law today for a confidential, no-cost consultation.

Do I Need a Lawyer for a Gilroy Fatal Bicycle Accident?

A difficult aspect of losing a loved one is understanding the legal process of a wrongful death. Insurance companies count on most people being unaware of their legal rights because it allows them to offer fatal accident victims’ families a much lower amount than they’re owed.

At Maison Law, we hold the insurance companies responsible and protect the right to compensation for families in Gilroy. Our firm settles for nothing less than the full extent of your damages after losing a loved one in a fatal truck accident. Our skilled team of Wrongful Death Lawyers will offer you expert legal support by:

• Increasing your initial settlement by assigning blame to all liable parties
• Filing a lawsuit to get you compensation for your:
  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Funeral and burial costs
• Build a case by gathering evidence such as:
  • Proof of the damages you and your family have suffered
  • Evidence that a person, or business, was liable for your injuries
  • Evidence of the accident was in no way the decedent’s fault, nor could they have done anything to prevent it
• File a claim in court if a settlement cannot be reached and present your case in front of a jury

Available Damages for Families Impacted by Fatal Bicycle Accidents in Gilroy

The damages you can claim from a fatal bicycle accident in Gilroy will be dependent on the details of the wrongful death. However, most wrongful death cases include the following damages:

• Funeral and burial expenses: cover the costs associated with saying goodbye to a loved one
• Loss of financial support: compensation for the loss of income provided before the untimely loss of a loved one
• Emotional distress and support: compensation for the psychological and emotional toll a loss can have on the surviving family members
• Pain and suffering: if the decedent was exposed to pain and injuries before their untimely death, your family can seek compensation for what they had to endure
• Loss of consortium: this covers the loss of love and companionship you and your family have lost

Punitive damages can also be claimed if the decedent’s death was a result of an extremely reckless act or malice. However, punitive damages would need to be filed under a “survival action” claim, which can only be filed by specific members of the deceased’s estate.

What is the Litigation Process for a Wrongful Death Lawsuit?

The litigation process for wrongful death claims in California can be complex. Here are the following processes you can expect from a government personal injury case:

• Filing a lawsuit: Your attorney will file a legal complaint in court. This complaint outlines the facts of the case, the basis of the claim, and the damages you seek. A form of the complaint must also be delivered to the defendant.
• Discovery phase: Both parties will exchange information through discovery, which includes:
  • Depositions
  • Interrogatories
  • Speaking with expert witnesses
• Pre-trial motions and settlement discussions: Attorneys may file pre-trial motions to resolve certain disagreements before the trial. Mediation or arbitration may occur to provide an alternative resolution without taking up the court’s time.
• Trial: If the case goes to trial, both sides will present their evidence to a judge or jury. This process includes:
  • Opening statements
  • Witness testimony
  • Cross-examination
  • Closing arguments
• Verdict: After both sides have presented their arguments and evidence, a verdict will be reached by the judge or jury. If the court rules in your favor, the judgment will specify the amount of compensation you are set to receive.
• Appeals: The losing party may file a post-trial motion for an appeal to the ruling. If enough legal errors are found in the original case, then a higher court can appeal the ruling.

Filing a Claim Against the Government in California for a Fatal Bicycle Accident

Before you can sue a public entity in California for a wrongful death in a fatal bicycle accident, you must first file a claim with the government entity you intend to sue that meets the requirements of the California Tort Claims Act. This is covered in California Government Code 810-996.6. These laws apply specifically to public entities such as:

• State government
• County agencies and departments
• Local government agencies
• Government employees

If you are filing a wrongful death claim against a local government entity, you can file a claim directly with the governing board or clerk. Many local departments have their own claim form for you to fill out, accessible at their offices or online. In Gilroy, you can file a claim here.

To file a claim against California state agencies or employees you will need to go to the California Department of General Services, Office of Risk Management. This site allows for any person to file a government claim to receive compensation for damages caused by the state of California.

If the agency you are suing does not have a claim form, you still have options. Under these circumstances, you can draft your own wrongful death claim. Your written, wrongful death claim must include the following:

• Your name and address
• Address where you’d like to receive notice
• Date, location, and circumstances surrounding the wrongful death
• A general description of damages caused by the wrongful death
• The name of the employee (if applicable) or agency that caused the wrongful death
• The dollar amount you are claiming
• If you are claiming more than $10,000 you must state if your lawsuit will be considered a limited case (less than $35,000) or an unlimited case (a demand for more than $35,000).

Government Agencies Have Sovereign Immunity

Filing a claim against a government entity can be challenging because of certain regulations, but it is possible to recover damages. One major difference from typical claims is that the family of a wrongful death victim only has 6 months to file a claim against a government agency, as opposed to 2 years for a non-government claim.

A government entity also has more ways to deny your claim through sovereign immunity.” Sovereign immunity is when a government entity is not liable for injuries caused by the government entity or its employees as they are fulfilling their duty. However, the government is not allowed to declare sovereign immunity anytime they are at fault. The California Tort Claims Act gives exceptions in which the government can be held liable for damages in cases of excessive carelessness, or corruption.

Who Can File a Wrongful Death Lawsuit for a Fatal Bicycle Accident in Gilroy?

California Code of Civil Procedure 377.60 specifies the individuals who may file a wrongful death lawsuit. Those parties include:

• The deceased person’s spouse or domestic partner
• Children of the deceased, including stepchildren
• Parents of the deceased
• Dependent minors living in the deceased person’s household
• The deceased’s personal representative
• People who would be entitled to the property of the decedent if they did not create a will

If the deceased had no surviving children, parents, or spouse, then those close to the deceased may qualify to file a wrongful death claim.

What is the Typical Compensation for a Fatal Bicycle Accident in Gilroy?

A wrongful death settlement from a fatal bicycle accident is the most effective recourse to pursuing justice for the surviving family members of the decedent. Your attorney will take legal action to hold individuals, businesses, or other accountable entities for tragically taking away your loved one. Once all the at-fault parties have been brought into the lawsuit, the value of your settlement ultimately depends on:

• The age and earning potential of the victim: the lost income is reached by combining the victim’s life expectancy and their earning potential had it not been for the fatal accident.
• Whether or not the victim was partially responsible: California is a “shared fault” state and the victim can be assigned blame for their death, reducing the amount of compensation.
• Insurance policy limits of the at-fault party: drivers are required to have insurance and most do. However, most car insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives.

Contact a Gilroy Fatal Bicycle Accident Lawyer

If you’ve lost a loved one due to the careless driving of another, the Fatal Bicycle Accident Lawyers at Maison Law will aggressively pursue compensation from the responsible parties to reach a successful outcome on your family’s behalf.

Contact Maison Law today for a completely confidential and free evaluation of your case. There is no upfront charge or hidden costs for our services. We operate on a contingency fee basis and we don’t make a cent unless your case is won.