Maison Law represents the families of fatal truck accident victims in Gilroy. If you’ve suffered the loss of a loved one in a truck accident, Maison Law is here to get you the financial support you need. Our expert Wrongful Death Attorneys are standing by to discuss your case and answer any questions you may have. Contact Maison Law today for a no-cost, confidential consultation.
How a Lawyer Can Help
At Maison Law, we will protect your family’s right to compensation after the loss of a loved one. We also ensure the decedent is not at risk of being partially liable for their accident, or untimely death. This is so your settlement amount cannot be reduced by partial liability. In the event of a fatal truck accident, our firm will:
- Increase your initial settlement by assigning blame to all liable parties
- File a lawsuit to get 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, business, or government entity 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
It is important to note these processes take time. Some may even have strict deadlines, which is why it is recommended to discuss your situation with a Wrongful Death Attorney sooner rather than later.
Who Can File a Fatal Truck Accident Claim in Gilroy
According to California Code of Civil Procedure 377.60, the following individuals may file a wrongful death lawsuit:
- 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. It is important to note that California recently passed Senate Bill 447. This wrongful death law affects the types of damages a victim’s estate can recover in survival action.
Survival action is any personal injury claim the deceased filed or could have filed before their death. This action temporarily allows a survival action to be brought by the victim’s estate to recover non-economic damages. These damages are paid to the victim’s estate and disbursed to the victim’s heirs.
Are Damages Different Between Wrongful Death & Survival Action?
While there are similarities between wrongful death and survival action, damages for wrongful death claims can typically only be filed by the surviving spouse, children of the deceased, parents of the deceased, or any other person permitted by law. The types of damages that can be claimed in a wrongful death claim include:
- Loss of household services once provided by the deceased
- Loss of consortium damages for a spouse or domestic partner
- Loss of guidance, care, nurturing, and affection provided by the deceased
- Loss of financial support provided by the deceased
- Loss of inheritance caused by the wrongful death
Survival actions are typically brought forth by the executor of the deceased person’s estate. An executor of an estate is an individual appointed to administer the law will of a deceased person and carry out instructions to manage the affairs. A survival action will provide compensation for matters directly related to the injuries sustained by the deceased up until the time of their death. These include:
- Medical expenses
- Pain and suffering the decedent suffered
- Lost wages between the period they were injured and the time of their death
What Happens in a Fatal Truck Accident if the Truck Driver is Uninsured?
There are lots of truck drivers who are independent contractors and drive under their own insurance policy. So, what do you do if a loved one is involved in a fatal accident with an uninsured truck driver?
If an uninsured truck driver causes a fatal car accident, it is recommended to see if the insurance policy on the decedent’s vehicle covers uninsured motorists (UM). If it does, then the insurance policy will cover some, if not all of your damages. Even if the truck driver is uninsured, you can file a personal lawsuit against them to recover damages.
To do that, you will need a skilled Wrongful Death Attorney to file the lawsuit and prove the uninsured driver was at fault for the accident, as well as the wrongful death. Assuming the truck driver cannot afford insurance, they’ll most likely be unable to compensate you for your damages. If that’s the case, there are other avenues you can take to be fully compensated.
What is the Typical Compensation for a Fatal Truck Accident in Gilroy?
Compensation for fatal truck accidents varies widely based on factors such as the amount of income lost due to the loss of your loved one, the amount of medical bills owed due to the accident, and the funeral expenses. However, an average amount can be reached by calculating the cost of economic and non-economic damages you and your family have suffered due to the untimely loss of a loved one. These damages 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
It is also important to note there is no limit to the amount your non-economic damages can be worth in California. While economic damages can be limited to a certain amount, non-economic damages can be whatever the insurance company or a jury decides is fair based upon the details of your situation.
Contact a Gilroy Fatal Truck Accident Lawyer
If you’ve lost a loved one due to a careless or reckless truck driver in Gilroy, the Wrongful Death Attorneys at Maison Law are here to help you through this difficult time. We understand the profound impact such a loss can have on your family and when you’re ready to take legal action, we’re here to pursue justice on your behalf.
Contact Maison Law today for a no-fee, confidential consultation. We work on a contingency fee basis, which means you won’t pay any legal fees unless we win your case.
