Maison Law represents families who lose loved ones in heartbreaking Kings County car accidents. When reckless drivers cause fatal collisions, close relatives of the victim can seek full support as they take time to mourn their loss. Our wrongful death lawyers offer a free, confidential case consultation to all family members. Schedule a case review to find out how much in support a car insurance company should provide your family after a tragedy.
Should my Family Call a Lawyer After Losing Someone in a Fatal Car Accident?
If a loved one is killed in a car accident caused by someone else’s mistake, families have the legal right to seek financial restitution. Families can seek support from insurance companies, but that doesn’t mean they are guaranteed to get the assistance they need. Insurance adjusters are trained to try to limit what families receive and they can even attempt to blame an innocent victim for an accident to escape accountability.
A Hanford 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 files a wrongful death claim and protects the family’s interests. A Maison Law representative also handles the frustrating negotiations with insurance companies with as little disruption to a grieving family as possible.
How Maison Law Helps Fatal Car Accident Victims in Hanford
According to the California Office of Traffic Safety, roughly 222 car accident victims are killed every year in Hanford. What these unfortunate statistics don’t show is the emotional and financial hardships families in Hanford are left to endure after the tragic loss of a loved one, especially hard when the accident was caused by another driver’s careless actions.
That’s why at Maison Law, we utilize every legal avenue to help families recover the damage done to their lives after the loss of a loved one in a fatal car accident. If the driver had acted in a responsible and safe manner, the accident never would have happened. This is something that will need to be proven to an insurance company or in court in order to make sure your family receives fair compensation. The process can seem overwhelming, but our firm will help you prove your damages by:
- Gathering evidence that a person, business, or government entity was liable for your loved ones injuries and wrongful death
- Recreating the accident using accident reconstruction professionals
- Getting medical specialists to testify on behalf of the decedent’s suffering, as well as your family’s trauma
- Proving that the accident was in no way the decedent’s fault, nor could they have done anything to prevent it
- Filing a claim in court if a fair settlement cannot be agreed upon, and presenting your case in front of a jury
A wrongful death settlement or verdict after a fatal car accident typically covers damages endured by the decedent and their family. These damages are thoroughly considered when determining the outcome and compensation of a wrongful death lawsuit. The damages we’ll pursue on behalf of your family include:
- 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
How Fault is Determined in a Wrongful Death Accident?
A fatal car accident may seem straightforward, but assigning liability can be a complex process. This is because the insurance of the liable party will require near indisputable evidence to back up your claim. If there is no substantial evidence, then they may outright deny compensation, or even assign blame to the decedent, leaving you and your family no chance at recovering compensation. This is why establishing fault is essential to recovering damages. At Maison Law, we’ll help you prove fault in your loved one’s death by showing that the at-fault party:
- Had an obligation to act with reasonable care: For example, 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.
- Breached their “duty of care:” The plaintiff must demonstrate they were owed a duty of care by the person at fault. In a fatal car accident, the duty of care would have been ignored if another car had broken a traffic law and was driving dangerously before the collision.
- Acted careless or reckless: If the defendant failed to act with a duty of care and caused another’s death, the plaintiff must prove that the other’s careless or reckless actions resulted in the loss of their loved one.
- Damages: The plaintiff (you and your family) must be able to prove they suffered damages due to the loss of their loved one.
To show that the at-fault party caused your loved one’s death, we will gather evidence on your family’s behalf. The typical evidence in a fatal car accident includes:
- Crash reports, police reports, and witness statements
- Testimony from accident scene investigators and expert witnesses
- Medical evidence, as well as photos
- Video and photos of the accident
- The liable party’s phone records through a subpoena if distracted driving is suspected
Fatal Car Accident Lawsuits Under California Law
Under California Civil Procedures 377.30, a fatal car accident lawsuit is typically coupled with a California “survival” cause of 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.
It is important to know that a survival action claim is the only way to sue for punitive damages. These damages are not available under a wrongful death lawsuit. For punitive damages to be awarded in a survival action claim, the decedent’s death must be a result of another person’s intentional actions to do harm, or from extreme recklessness. An example of this in the context of a fatal car accident would be drunk driving, road rage, or street racing.
Who Can Bring a Wrongful Death Lawsuit in a Fatal Car Accident?
Once a wrongful death lawsuit concludes with a settlement, it can sometimes be confusing as to who can be eligible to receive payment. Fortunately, In California, there are laws and procedures to ensure that members can claim compensation. According to the Code of Civil Procedure, section 377.60, the following people can be compensated for a wrongful death:
- A surviving spouse or domestic partner: the law requires they were legally married, or legally partnered before the deceased’s accident occurred.
- Children of the deceased: children and stepchildren are permitted to file a wrongful death claim for the untimely loss of their parent.
- Grandchildren: if the children of the decedent have already passed, then grandchildren can file a wrongful death claim.
- Anyone entitled to the property of the decedent: according to California intestate succession laws, intestate succession means any person who has been allowed by the law to inherit the decedent’s property if the decedent did not have a will. These people typically include the decedent’s parents and siblings.
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 are entitled to compensation.
Fatal Traffic Collision Dangers in Hanford
Thousands of people pull out onto Hanford streets and highways each day. When drivers get careless or reckless, those trips can bring life-threatening risks.
A driver looking at a cellphone screen can jump the median along Lacey Boulevard and end up causing a head-on collision. A frontal collision is an especially dangerous angle of impact. A head-on combines the force from both vehicles to increase the harm to everyone inside the vehicles.
Vulnerable pedestrians and cyclists are at risk when drivers lose their attention on the road and start to speed. Travelers on foot, on a bike, or on a motorcycle have much less protection in a collision and can more easily suffer life-threatening injuries.
Large trucks, delivery vans, produce trucks, and even rideshares also present a deadly risk for other motorists. In an accident, the driver and the driver’s employer, such as Amazon or a farm owner, may all be held accountable on behalf of a family in mourning.
A skilled attorney determines who exactly should be held accountable for a deadly accident. Sometimes that means more than one party is liable for a family’s hardships and financial future. A wrongful death would see support from all liable parties so the family wouldn’t have to struggle financially in the years ahead.
Who Can Sue After a Family Member’s Wrongful Death?
California law enables a spouse or domestic partner, children of the victim, or the grandchildren of the victim to file a wrongful death claim on behalf of the rest of the family.
In some cases, the parents and siblings of the deceased may also be allowed to file a wrongful death claim to seek a settlement check. A wrongful death attorney can also represent all family members and file a car accident wrongful death insurance claim.
An attorney working on behalf of a victimized family fully investigates accidents and collects powerful evidence of who was to blame.
Frequently Asked Questions
How long can my family wait to file a wrongful death claim?
Two years. Close relatives should act as soon as they can. Waiting months to begin building a case can make evidence harder to find and witnesses are harder to locate.
What kinds of things can my family earn support for in a wrongful death claim?
Families should seek reimbursement for funeral costs and get help paying any remaining medical bills. They must also seek support for the future when they’ll be without the love and guidance a loved one would have provided. The family will also be without the income the deceased might have provided.
What if my family can’t afford to pay a wrongful death lawyer?
Your family doesn’t need any money to hire Maison Law and secure powerful legal protection. We don’t get paid unless we win your case for your family. Then our fee comes out of the settlement money an at-fault party must pay your family members.
Contact a Hanford Fatal Car Accident 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 Kings County. Our lawyers offer compassionate care to those in mourning to ensure they don’t suffer the financial consequences of someone else’s mistake.
