Maison Law represents the families of fatal truck accident victims in Glendale. If you’ve suffered the loss of a loved one in a fatal truck accident, Maison Law is here to get you and your family the financial support you need. Our expert wrongful death attorneys are standing by to discuss your situation with you and answer all your questions. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Fatal Truck Accident in Glendale?
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. Unfortunately, taking advantage of people while they’re grieving is not illegal and insurance companies will prey upon people in their most vulnerable states.
A reputable wrongful death attorney will protect a family’s right to compensation after losing a loved one. They’ll also ensure the decedent is not at risk of being partially liable for the accident, which would lessen the settlement amount. In addition, an attorney will also do the following:
- Increase your initial settlement by assigning blame to all liable parties
- File a lawsuit to get you compensation for your:
- Medical expenses
- Lost wages
- Pain and suffering
- Funeral and burial costs
- Connect you to trusted doctors and ensure continued medical treatment
- 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
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 Bring a Wrongful Death Lawsuit in a Fatal Truck Accident in Glendale?
Before pursuing damages in a wrongful death lawsuit, you should know the legal requirements of who is permitted to file the lawsuit. Typically, this right 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.
How Much Time Do I Have to File a Wrongful Death Claim for a Fatal Truck Accident in Glendale?
According to the Statute of Limitations in California, you have two years from the day you lost your loved one to file a wrongful death claim. However, there are some exceptions. For example, if a government vehicle ran a red light and caused the death of your loved one. You would have six months, instead of two years to file a wrongful death claim.
Another exception would be the “discovery rule.” This rule delays the statute of limitations if you could not have reasonably known about the wrongful death right away. For example, let’s say defective breaks on a truck caused a cyclist to crash. They suffer a brain injury, but the injury isn’t fatal until years later. The discovery rule says that the two-year clock does not start running until the day the cause of their death is discovered.
When is a Person Liable for a Wrongful Death in a Fatal Truck Accident?
In the state of California, the surviving family can bring a wrongful death action in a fatal truck accident if a direct act of carelessness, recklessness, or an intentional wrong act caused their loved one’s death. Once a wrongful death lawsuit is filed, the plaintiff must prove the defendant:
- Had an obligation to act with reasonable care
- Breached their “duty of care”
- As a result, the plaintiff suffered the loss of a loved one
- The reckless act was foreseeable and could have reasonably been avoided
What is the Typical Compensation for a Fatal Truck Accident in Glendale?
Compensation for fatal truck accidents can be difficult to predict. With so many variables, no case is the same and 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 all vary in cost on a case-to-case basis. However, an average amount can be reached by calculating the cost of economic and non-economic damages you and your family have suffered. 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
Even if your loved one is found partially at fault, you and your family can still file a wrongful death claim and are still entitled to damages. The legal complexities of a wrongful death lawsuit may seem intimidating, but it is advisable to consult an experienced wrongful death attorney to see what options are available to you.
Contact a Fatal Truck Accident Lawyer in Glendale
If you’ve lost a loved one due to a careless truck driver, the wrongful death attorneys at Maison Law are here to give you and your family the attention you need to help you get through this difficult time. We have years of experience in wrongful death cases and know how to get clients the compensation they need. Contact Maison Law today for a free consultation and case evaluation.
