Maison Law represents families in Hanford who have lost a loved one due to a fatal bicycle accident. The Wrongful Death Attorneys are standing by to provide you and your family with the legal advice and guidance you need to navigate this difficult time in your life.

Our firm understands how challenging this process can be, which is why we utilize every avenue available to relieve the stress of your situation and reach a successful outcome as quickly as possible. Contact us today for a confidential, no-cost consultation.

How Maison Law Helps Families in Hanford

Hanford is a bike-friendly city. With its relatively flat topography and most destinations being only a 20-minute bike ride away, Hanford has a lot to offer avid bicyclists. And even though the city has initiated efforts to improve bicycle safety when crossing Highway 198, fatal accidents are always possible as long as there are careless drivers on the road.

That’s where Maison Law can help. We stand up for families in Hanford who have lost a loved one due to a careless driver on the road. While we understand no amount of money can replace the loss of people we hold dear, we make it a priority to recover maximum compensation to ease the burdens of an untimely accident. Recoverable damages for a fatal bicycle accident in Hanford include:

Medical bills directly related to the accident injuries from the time of the accident to your loved one’s death.
Funeral and burial expenses
Lost income, which includes income from the time of the accident and future lost income
Loss of household services your loved one used to provide
Pain and suffering the decedent was exposed to before their untimely death
Medical bills the decedent may have accumulated
Loss of consortium

What Evidence is Needed to Prove a Wrongful Death in a Fatal Bicycle Accident in Hanford?

When dealing with a fatal bicycle accident, it is not always easy to prove fault. In some instances, there are multiple parties involved, as well as comparative negligence. Comparative negligence is when blame is divided amongst multiple “at-fault” parties, as stated within California’s Comparative Negligence Law.

Regardless of how many parties are involved, if you can prove someone else’s negligence caused the death of your loved one, you will most likely have a case. The following are four elements of evidence necessary to prove fault in a wrongful death case:

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.
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 bicycle accident, the duty of care would have been ignored if another car broke a traffic law and was driving dangerously before the collision.
Acted careless or reckless: If the defendant failed to do their and caused another’s death, the plaintiff must prove the other’s careless or reckless actions resulted in the loss of their loved one.
Damages: The plaintiff must be able to prove they suffered damages due to the loss of their loved one.

How Much Time Do I Have to File a Wrongful Death Claim for a Fatal Bicycle Accident in Hanford?

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 bus 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 bicycle 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.

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

Unfortunately, there is no average compensation for a wrongful death claim as the details of every case are different. The amount of compensation you can expect to receive will be dependent on the severity of your economic and non-economic damages. 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

Other factors that can impact the amount of compensation you can receive will be dependent on specific details about the decedent and the incident itself. These details include:

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.

Wrongful Death V. Survival Action

“Wrongful death” and “survival action” are two types of lawsuits that may be filed against someone who intentionally or carelessly caused the death of a loved one. The difference between the two claims is who is allowed to file. A wrongful death claim seeks compensation for the surviving loved ones, which covers funeral expenses, loss of financial earnings, emotional support, and loss of companionship, as well as all other things the decedent would have provided.

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. Survival action also includes punitive damages if the death was caused by extreme recklessness or malice.

It is also important to note that representatives of the decedent’s estate and family members often overlap. So, it is possible for a family member to file a wrongful death claim and a survival action claim if both are warranted. However, these claims adhere to their requirements and statute of limitations.

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. 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. Executors ensure all assets in the will are accounted for an transfer these assist to the correct beneficiary. 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

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

Factors That Influence a Wrongful Death Settlement in California

A wrongful death settlement is the most effective recourse to pursuing justice for the remaining family members after a fatal accident. The value of your settlement ultimately depends on the following factors:

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. When multiple parties are at fault it is considered comparative negligence. Comparative negligence is when blame is divided amongst multiple “at-fault” parties, as stated within California’s Comparative Negligence Law.
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.

In addition to these factors are the damages you and your family have had to endure, such as medical bills before the loss of a loved one, pain and suffering, and loss of the deceased’s income.

What Factors Could Decrease a Wrongful Death Lawyer?

Understanding the factors that can potentially harm your case is essential to knowing the value of your lawsuit. While the attorneys at Maison Law will be able to highlight the reasons you deserve to be compensated, they will also work aggressively to protect you from the factors that could reduce your compensation. These factors include:

Comparative negligence: if the decedent’s actions make them partially at fault, your settlement can be reduced by their percentage of liability before the fatal accident occurred.
Lack of strong evidence: The inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
Delayed medical treatment: Delays in seeking medical treatment after the accident may count against the decedent if they passed away due to their injuries. A lack of treatment can imply they failed to do what was necessary to prevent their untimely death. This is an unfortunate tactic the defense may use to reduce your settlement.
Inconsistent statements: Inconsistencies in the witness statement or the re-telling of the incident can diminish settlement prospects.

Who is Entitled to Compensation for a Wrongful Death Lawsuit?

Once a wrongful death lawsuit concludes with a settlement, it can sometimes be confusing as to who can be eligible to receive payment. 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.

Contact a Fatal Bicycle Accident Lawyer in Hanford

If you’ve lost a loved one due to the careless driving of another in Hanford, the bicycle accident 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 liability law to get clients the compensation they need to get their finances back together after the loss of a loved one. Contact Maison Law today for a free consultation and case evaluation.

Hanford Fatal Bicycle Accident Lawyer