Maison Law represents the families of wrongful death victims in Hanford. The sudden loss of a loved one is unimaginable until the day it happens. Many people in this situation find themselves at a loss for where to turn. That’s why the Wrongful Death Attorneys at Maison Law are here to guide you toward the next steps in the legal process after the untimely loss of a loved one.
Unfortunately, there are financial burdens that families do not anticipate or consider after losing a loved one. But we can help ensure you and your family are taken care of. For a confidential, no-cost consultation, contact Maison Law today to discuss your case and get the trusted legal counsel you need during this difficult time.
Finding Support for Families After a Deadly Accident in Hanford
Families who have experienced a tragedy may be confused about their rights as victims. But they should be informed of their options, including the right to file a wrongful death lawsuit against a person or entity responsible for the death of a loved one.
A wrongful death claim can serve to stabilize a family against the financial woes that often follow a terrible accident. An insurance company should be called upon to help a family with expenses like funeral and burial costs and medical and ambulance fees built up before the loved one passed on. The lost income the deceased can no longer provide the family going forward can also be factored into the support requested.
For help in filing a wrongful death claim that clearly shows the fault of someone else in the death of a loved one, contact Maison Law of Hanford. Our wrongful death lawyers work closely with victimized families to ensure they have what they need to start rebuilding their lives without the fear of financial ruin.
Types of Wrongful Death Accidents Possible in Kings County
Workers in the construction and farming trades face potentially deadly situations each day as they arrive on-site. These employees work around heavy, dangerous machinery, out in the elements, and at times at great heights putting them in danger of a hazardous fall. They can also come in contact with harmful chemicals and electricity putting them at risk of a fatal exposure.
Workplace accidents are only one type of hazard that carries extreme risks. These are just a few other deadly risks around Hanford that our attorneys can help families with:
- Vehicle Accidents – Vehicle crashes, motorcycle accidents, pedestrian and bicycle collisions can all end in tragedy for victims. The large vehicles used in farming and food transport will also provide very large hazards on local roads and put drivers and passengers at elevated risk for a fatal injury. Car insurance providers can be called upon to help victims and their families work towards recovery.
- Premises Liability – Property owners and proprietors have a duty to protect any visitors to their sites or businesses. A trip to the store, a restaurant, a residential property, or a parking lot can leave you with a serious injury when hazards go unrepaired and spills are left on floors. An excursion to the Kings County Fair Grounds should be absolutely safe for any family, but when people are hurt or lose their lives, property owners and operators should be held liable.
- Medical Malpractice – A doctor or other health care professional could become negligent and cause the death of a loved one. A mistake with a diagnosis or the administering of treatment can provide a potentially deadly cure.
- Product Liability – A product you purchase and bring into your home or something that comes installed in your home could endanger a family member. The fault may lie with the company that manufactured the product or the store that sold it. At times multiple parties can be held responsible for a tragic death.
These are just a few of the instances in which a wrongful death lawsuit would be a necessary action for a family to take. Anytime a beloved family member loses his or her life to the negligence of someone else, a wrongful death claim can be an important step to protect close relatives now and in the future.
Do I Need a Wrongful Death Lawyer?
If you’ve suffered the sudden loss of a loved one in a fatal accident in Hanford, one of the best things you can do to help your situation is to consult with a Wrongful Death Lawyer at Maison Law. Our attorneys will file a wrongful death lawsuit against the liable parties to ensure they’re held accountable for compensating you for the damages you’ve been forced to endure due to the loss of a loved one. These damages are thoroughly considered when determining the outcome and compensation of a wrongful death lawsuit:
- 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
Evidence Needed in a Wrongful Death Claim
Solid evidence is the foundation of any wrongful death claim. At Maison Law, we can help you gather the proof necessary to prove your loved one’s life was wrongfully cut short and ensure your family is fairly compensated for this untimely loss. Key pieces of evidence that may be included in a wrongful death claim are:
- Police Reports: police reports can provide an official account of the events that led up to the death and can determine fault, as well as essential evidence.
- Medical bills: medical bills help to document the extent of the medical care received by the deceased, which can be used to establish the financial impact of the wrongful act.
- Autopsy reports: autopsy reports offer vital medical evidence about the cause of death, which is essential in linking the wrongful act with the cause of death.
- Witness statements: witness statements can provide independent accounts of the incident, offering perspectives that may corroborate or dispute the claims made by other parties.
- Photographs or videos of the scene: visual evidence can be critical to reconstructing the event and demonstrating the conditions that led to the wrongful death.
- Expert opinions or testimony: expert testimony can clarify complex issues and provide authoritative opinions on matters such as causation and long-term effects that the family of the decedent will face.
What Info is Needed During the Intake Process?
The intake process at our law firm usually starts off with a questionnaire to assess the merits of the case. This questionnaire will provide us with key information to help determine if a case is worth pursuing or not. However, if you’d like to speak directly to one of our Wrongful Death Attorneys, you can usually set up a brief meeting to discuss the details of your situation prior to answering a questionnaire. All information you discuss with us is confidential and protected by law under attorney-client privilege.
The following data is what potential clients will need to begin the intake process with a law firm:
- Employment details: current or former employer, job title, dates of employment, and compensation information.
- Nature of the complaint: type of carelessness that led to fatal injury or wrongful death (premise liability, car accident, defective equipment)
- Timeline of events: dates of key incidents, formal complaints filed, relevant communications with employer
- Witnesses: names and contact information of potential witnesses to the alleged misconduct
- Documentation: list of relevant documents (x-rays, MRIs, doctor’s diagnosis, physical therapy appointments, workers’ compensation forms)
- Prior legal action: if you’ve filed previous claims, then the details of your previous case may be relevant to your new case
- Medical information: details about relevant medical diagnosis, treatment plan, and cause of death as diagnosed by a medical professional
- Social media presence: information about the incident may be documented online, as well as you discussing the details of the case. This can impact your case and will need to be reviewed by one of our attorneys.
How Much Time Do I Have to File a Wrongful Death Lawsuit?
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 brakes on a truck caused a cyclist to veer off the road and crash. The cyclist suffers 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.
Proving Wrongful Death in Hanford
If you can prove someone else’s negligence caused the death of your loved one, you will most likely have a strong case. Proving carelessness can be difficult, which is why it is recommended to consult with a Wrongful Death Attorney at Maison Law to help you navigate your 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: 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. For example, in a fatal motorcycle 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 act with a duty of care 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.
What is the Most You Can Sue for Wrongful Death?
When it comes to wrongful death claims in Hanford, California, there is generally no cap on the amount you can receive for wrongful death damages. The only exception is medical malpractice. A wrongful death caused by medical malpractice is capped at around $500,000 after Governor Gavin Newsome signed AB 35 in 2022.
Other than medical malpractice, wrongful death compensation will be determined between defense and plaintiff lawyers, or by a jury. The decision will ultimately be made based on the evidence at hand, the amount of damage done due to the loss of a loved one, and the extent of the insurance policy held by the liable party.
Wrongful Death Claims and California Statutes
California puts a statute of limitations on wrongful death claims. Families must file a wrongful death lawsuit within two years from the date a loved one passes away.
Families may also wonder about who can file this claim. A spouse or domestic partner is allowed to bring this lawsuit forward on behalf of the entire family. Children of the victim can also file this claim. Parents and siblings may also be able to file for the family if they can show that they relied on the emotional and financial support of the deceased.
A wrongful death attorney may also file on behalf of the entire family. An attorney working for the family would also collect evidence, documents, and witness testimony to clearly show the liability of the at-fault party. The attorney would handle all communications with insurance representatives for the at-fault person or company. This would allow the family the time they need to grieve while a lawyer makes sure an insurance company treats all victims fairly and can’t escape blame.
Contact a Hanford Wrongful Death Lawyer
If a tragic accident claims the life of a loved one contact attorney Martin Gasparian serving families in Hanford and all of Kings County. Mr. Gasparian, the founder of Maison Law, offers families a free and confidential case consultation. He believes that families should be informed of everything available to them after a terrible accident. He also fights to make sure families never become victims a second time through the “bad faith” practices used by insurance companies.
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