Gilroy Fatal Car Accident Lawyer

Maison Law represents fatal car accident victims’ families in Gilroy.  If a family member was tragically lost in an auto accident, we understand that no amount of money can make up for their untimely loss. However, the Wrongful Death Lawyers at Maison Law can provide you with legal options to recover all financial losses attributed to your family due to this unfortunate circumstance. Contact Maison Law today for a free, confidential consultation.

How a Lawyer Can Help with a Gilroy Fatal Car Accident?

At Maison Law, we hold insurance companies responsible for the maximum amount of compensation you are owed. If the insurance company attempts to undervalue your claim, then we will file a lawsuit against them on your behalf. If a settlement cannot be reached, then we will represent you in court to claim 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
• Cost of medical treatment: this applies if your loved one received medical treatment before their unfortunate passing
• 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

What Evidence is Needed to Prove a Wrongful Death in a Fatal Car Accident in Gilroy?

If negligence causes the death of a loved one and can be proven, you have a strong wrongful death case. The following are four elements of evidence necessary to prove fault in a fatal car accident:

1. Had an obligation to act with reasonable care: If a person is driving a car or a truck they are expected to follow traffic laws, as well as be aware of other drivers on the road.
2. Breached their “duty of care:” The plaintiff must demonstrate they were owed a duty of care by the person at fault. For example, in a fatal car accident, the duty of care would have been ignored if another car broke a traffic law and was driving dangerously before the collision.
3. Acted careless or reckless: If the defendant failed to provide a duty of care to other drivers and caused another’s death, the plaintiff must prove the other’s careless or reckless actions resulted in the loss of their loved one.
4. Damages: The plaintiff must be able to prove they suffered damages due to the loss of their loved one.

Who Can Bring a Wrongful Death Lawsuit in a Fatal Car Accident in Gilroy?

Typically, the right to file a wrongful death lawsuit is reserved for immediate family members because they are the ones most affected by the loss. However, in California, several other people are allowed to file suit, according to the Code of Civil Procedure, section 377.60. The eligible members include:

• Surviving spouses
• Domestic partners
• Children
• Grandchildren (only if the deceased person’s children have also passed away
• Stepchildren may claim damages if they were at least 50% dependent on the decedent’s financial support
• Dependent minor living in the household
• The next of kin
• Anyone entitled to the deceased’s property under intestate succession law

However, if no one in the decedent’s life fits the listed people above, there are additional individuals who qualify for compensation. If a person is dependent on the decedent such as a stepchild, or parent, they become entitled to compensation.

Common Fatal Car Accident Causes

Fatal car accidents are more common than you think. According to the Insurance Institute for Highway Safety, over 33,244 people died in motor vehicle crash in 2019 alone. This is a sobering truth that any driver, passenger, or pedestrian must recognize every time they get on the road. The most common acts of carelessness, or recklessness, involving fatal car accidents include:

• Distracted Driving: even momentary glances can cause devastating accidents. Distracted driving can be proven through camera footage, cell phone records, and collision investigations.
• Speeding: speeding only increases the severity of accidents and is a leading contributor to fatal motorcycle accidents every year in California. A driver’s CPU data can potentially reveal their speed before an accident.
• Moving violation: running red lights, illegal U-turns, or failing to yield can disrupt the flow of traffic, leading to major accidents. These illegal actions can typically be proven by traffic camera footage and eyewitnesses.
• Driving under the influence (DUI): Penalties for this illegal action are harsh and can include criminal charges, jail time, license suspension, and other heightened penalties.

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

It is difficult to assign a dollar amount to the grief and trauma experienced by the surviving family members after a fatal car accident. However, the severity of your family’s economic damages (such as lost wages and medical bills) and non-economic damages (emotional harm, depression, and anxiety) will give you an idea of what you can expect from a wrongful death settlement. These damages combined include:

• The financial support received from the decedent
• Loss of income the decedent would have continued to earn
• Funeral and burial expenses
• Loss of benefits the family would have received from the decedent
• Loss of consortium
• Mental trauma and anguish associated with the loss of a loved one

Contact a Gilroy Fatal Car Accident Lawyer

If you’ve lost a loved one due to the careless or reckless actions of another driver in Gilroy, the Wrongful Death Attorneys at Maison Law are here to help you during this difficult time. Our firm has years of experience handling fatal car accident cases and we know that each one is unique and requires a custom approach to reach a successful outcome. Our main goal is to relentlessly pursue compensation on behalf of your family to ease the financial burden after an untimely death that never should have happened.

For experts in wrongful death law, contact Maison Law today for a free consultation and case evaluation.