Maison Law represents the families of children lost in a fatal accident in Hanford. According to the California Office of Traffic Safety, over 200 car accidents result in fatal injuries every year in Hanford. At Maison Law, we understand that seeking compensation for the loss of a child will not bring relief. However, it can make the process easier.
Our firm works with those who have suffered the unfortunate loss of a child to help them receive compensation for expenses associated with their death by holding the responsible party accountable. The attorneys at Maison Law will approach your case with care and make the process as easy on you and your family as possible. Contact us today for a no-cost, no-obligation consultation to see what legal options are available for your situation.
Do I Need a Lawyer for a Fatal Accident Involving Children?
The sudden loss of a child is not only emotionally devastating, but it comes with costs that most families are not prepared for. Children are far more susceptible to fatal accidents because their bodies are more fragile than an adult’s, so even the slightest act of carelessness can result in a horrific accident. And matters only become more complex when you try to assign blame and recover damages. But that’s where the Wrongful Death Lawyers at Maison Law can help.
Our law firm will exercise every legal avenue to ensure you receive full compensation for the following damages:
- 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
Other Damages You May Receive After a Fatal Accident Involving Children
Under California Civil Procedures 377.30, a wrongful death 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 car accident would be drunk driving, street racing, or road rage.
Steps to Take to Protect Your Rights After a Child’s Wrongful Death
Considering legal matters while dealing the sudden loss of a child can be difficult. However, neglecting to understand necessary legal steps can have a harmful impact on your family’s right to compensation. One way to avoid mistakes after a wrongful death is to do the following:
- Seek Legal Counsel: it is recommended to consult with one of the Wrongful Death Attorneys at Maison Law as soon as possible. Our team will guide you through the legal process and ensure all legal filings are done on time and in accordance with California Law.
- Gather Evidence: while our law firm will thoroughly investigate your case, you can help by preserving any evidence, such as police reports, photos of the accident scene, witness information, or prior medical records.
- Avoid Speaking with Insurance Companies: insurance adjusters may attempt to pressure you into accepting a low settlement that does not properly compensate the losses you and your family have suffered. It is always a good idea to consult with our attorneys before accepting any settlement.
- Avoid Public Statements: any statements made to the press or on social media can potentially be used against you in a deposition or at trial.
- Focus on Healing: you can truly help your case by taking all measures to emotionally heal during this challenging time. This could mean seeking counsel and support services to help you process a profound loss.
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 car 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.
How Maison Law Can Help
At Maison Law, our firm will make sure you have a strong case to pursue the full extent of the damage done to your life. We accomplish this through:
- Accurate damage calculation: we calculate damages based on expert testimony, medical evaluations, and economic analyses to cover every aspect of your current and long-term medical needs, pertaining to the accident.
- Clear reports and expert witness testimony: our firm compiles detailed reports that outline the extent of your family’s damages and the impact the sudden loss has had on the rest of your lives. We organize expert witness testimony to reinforce the credibility of your claim and the incident.
- Minimizing liability: if you file a claim or lawsuit against an at-fault party, they will most likely attempt to shift some blame off of themselves. Our firm will analyze your case and work to minimize or eliminate liability if necessary.
- Negotiating with insurers: our lawyers are expert negotiators and understand the tactics insurance companies will take to attempt to minimize your damages and compensation. We ensure our clients receive a fair settlement that fully covers their current and future needs.
- Court Representation: our trial lawyers will represent you in court and build a strong case, highlighting the depth of damages and the necessity for recovering the costs associated with the wrongful death of a loved one.
What is the Typical Compensation for a Fatal Accident Involving Children?
It is difficult to assign a dollar amount to the grief and trauma experienced by the surviving family members of a fatal accident involving a child. However, the severity of your economic damages and non-economic damages (emotional harm, depression, and anxiety) will give you an idea of what you can expect from a wrongful death settlement. These damages combined include:
- The financial support received from the decedent
- Loss of income the decedent would have potentially earned
- Funeral and burial expenses
- Loss of consortium
- Mental trauma and anguish associated with the loss of a loved one
No one should have to continue to suffer financial burdens after the tragic loss of a loved one due to a fatal accident. Our wrongful death attorneys at Maison Law are standing by to give you and your family the support they need to get through this difficult time. When you’re ready, contact us at Maison Law to get the legal help you need.
Contact Maison Law | Hanford Wrongful Death Attorneys
If you’ve lost a child due to the careless actions of another, the Wrongful Death Attorneys at Maison Law do not back down from complex cases like ones involving children. We advocate aggressively on the side of families who need compensation for the untimely loss of a loved one and will exercise every legal avenue to help you get through this difficult time.
When you’re ready, you can begin the process by contacting Maison Law today for a no-cost, no-obligation case evaluation. There are no upfront fees for our services, and you will not be charged a cent until your case is won.
