Maison Law supports the families of fatal motorcycle accidents in Hollister. When the death of a loved one leaves emotional and material losses, the surviving family members have the right to be fully compensated. At Maison Law, we understand no amount of money can replace a loved one or heal the wounds caused by their loss, but our team of Wrongful Death Attorneys is here to ease your financial burdens and offer you our legal support.
Contact Maison Law today to speak to one of our skilled attorneys and see what legal options are available to you.
Do I Need A Lawyer for a Fatal Motorcycle Accident in Hollister?
Fatal motorcycle accidents can be devastating for a family, as well as members of their community. While having to deal with the loss of a loved one is difficult enough, it becomes even more challenging when battling the insurance company for financial support.
Insurance companies do not account for the full scope of damages caused by the sudden loss of a family member. In fact, they may try to minimize your damages. That’s why it is recommended to partner with a reputable Wrongful Death Attorney to hold the insurance companies liable for the full extent of your damages. The damages you are entitled to after a fatal motorcycle accident 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
- 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
Punitive damages can also be claimed if the decedent’s death was a result of an extremely reckless act or malice. However, punitive damages would need to be filed under a “survival action” claim, which can only be filed by specific members of the deceased’s estate.
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.
Factors That Influence a Wrongful Death Settlement for a Hollister Fatal Motorcycle Accident
A wrongful death settlement is the most effective recourse to pursuing justice for the remaining family members after a fatal motorcycle accident in Hollister. 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.
Who Can Receive Compensation for a Fatal Motorcycle Accident in Hollister?
When a fatal motorcycle accident lawsuit concludes with a settlement, it can sometimes be confusing as to who can be eligible to receive compensation. Fortunately, In California, there are laws and procedures to determine who can be compensated. According to the Code of Civil Procedure, section 377.60, the following people can seek compensation for a wrongful death:
- 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
- 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 can be entitled to compensation.
What is the Statute of Limitations for Filing a Wrongful Death Claim?
In California, eligible survivors have two years from the time they lost their loved one to file a wrongful death suit. However, there are exceptions to this statute if you’ve waited more than two years to file. The “discovery rule” is an exception used when the survivors could not have reasonably known their loved one had died. This rule allows a two-year statute to begin from the date the family members became aware of the decedent’s death.
Contact a Fatal Motorcycle Accident Lawyer in Hollister
If you’ve lost a loved one in a fatal motorcycle accident due to the careless or reckless actions of another, the Motorcycle Accident Lawyers at Maison Law can help. Our firm has years of experience handling wrongful death cases for families who have suffered an untimely loss. We understand a fatal motorcycle accident can be extremely difficult to process, which is why we’d like to offer our legal support to help you gain the financial security needed to get through this difficult time in your life.
Contact Maison Law today for a free, confidential consultation to discuss your case.
