Maison Law can help you and your family through the hardest thing possible: a wrongful death claim after there’s a fatal accident in Livermore. It’s hard enough when someone you care about gets hurt in an accident here, but when that accident is fatal, it’s almost unthinkable. But the harsh truth is that any accident can turn fatal under the right circumstances. If it does, our team will be there to support you through it. Set up a free consultation today.
Do We Need a Lawyer For This?
Nobody wants to face a situation where they lose someone they care about in a fatal accident, but once it happens, you and the rest of your family still have very real things to deal with—funeral expenses, figuring out financial support, and simply dealing with the grief. A wrongful death claim can help in that regard, and while you don’t technically need a lawyer to file one, it makes a lot more sense to let our team step in to help you all by:
- Looking into what caused the accident
- Figuring out who all might be responsible
- Gathering information to support your claim
- Explaining your legal options in plain terms
- Handling the insurance company and claims process
- Representing your family if a lawsuit becomes necessary
Your family shouldn’t have to manage every part of the legal process on your own during a time like this. Our job is to help you understand your options, protect your family’s interests, and take some of that burden off your shoulders.
Kinds of Accidents That Can Require a Wrongful Death Claim
Although you never want to be in a situation where you lose someone you care about in an accident, the fact of the matter is that wrongful death claims come out of the same types of accidents that happen here every day, like:
- Car accidents
- Pedestrian accidents
- Bicycle accidents
- Motorcycle accidents
- Truck accidents
- Workplace accidents
- Accidents caused by unsafe things on a property
- Accidents caused by dangerous or defective products
Obviously, every accident is different. Not every head-on collision or motorcycle accident results in the death of someone you care about. But the other side of the coin also holds true. A simple fender-bender Downtown could just as easily result in fatal injuries. So it’s not a question of if it will happen, it’s a question of what you and the rest of your family can do about it once it does.
Types of Information That Can Help My Family With a Wrongful Death Claim
Gathering information can be one of the hardest parts of a wrongful death claim. You’re already dealing with the loss, and looking for accident reports, medical records, and other documents can bring a lot of that back.
But with a fatal accident, documentation is still important. You likely weren’t there when it actually happened, so pulling together the following is one the main ways you can at least get an idea of what might’ve happened:
- The death certificate and coroner’s report
- Police or incident reports from a business or property owner
- Medical records that show treatment your loved one received up to their death
- Witness statements or other information from people who saw the accident
- Pictures/videos from the scene, traffic cameras, security footage, and dashcams
- Pay stubs, tax records, household expense records, and funeral bills can help document the financial impact on your family.
You don’t need to have all of this ready before asking for help. Part of our job is figuring out what information is available, gathering what we can, and putting the pieces together. At that point, though, you need to start looking at the actual process and how it works is a bit different in these types of cases.
How a Wrongful Death Claim Actually Works
After losing someone, actually filing a claim can feel like the last thing you want to think about. And while the stakes are unfortunately higher with a wrongful death claim, it’s still a way to take care of the very real financial and personal losses your family is left facing.
Process-wise, it works the same way as an injury claim. That means financial support is available through:
- FIling an insurance claim outside of court
- Filing a wrongful death lawsuit in court
There’s a couple big differences with a wrongful death claim though. First, only certain people in California can actually file it. Usually, that includes surviving:
- Spouses
- Children
- Other close relatives if there are no spouses or children
Once all that shakes out, and the claim actually gets filed, the other difference comes in. Unlike a regular injury claim, the financial support is instead made up of things like:
- Funeral and burial costs
- The income your loved one would have brought into the household
- The benefits and other financial contributions your family has lost
- The help your loved one provided around the house
- The loss of their love, companionship, care, guidance, and support
There’s also a deadline to keep in mind. California generally gives families two years from the date of death to file a wrongful death lawsuit. That might sound like a lot of time, but grief can make it hard to come to a decision quickly. That’s understandable, but the longer your family waits, the more difficult it can be.
Who Pays for Damages in a Wrongful Death Claim?
While a fatal accident is tragic, it’s treated the same way legally when it comes to figuring out who has to actually pay for your family’s damages. It still comes down to showing negligence, and in the context of a fatal accident, it still means showing that:
- Somebody did something—or failed to do something—that caused the fatal accident.
So, that could potentially land on a:
- Driver who caused a fatal crash by speeding, texting, or driving under the influence
- Truck driver or trucking company that played a role in the crash
- Property owner who failed to fix a dangerous condition
- Construction company, other employer or contractor whose safety mistakes led to a fatal accident
- Company whose faulty product contributed to your loved one’s death
- Government agency responsible for a dangerous road or unsafe public property
Sometimes, more than one person or company shares responsibility. And figuring that out isn’t always straightforward, especially when multiple parties and insurance companies are involved. The important thing is that your family doesn’t have to accept the first explanation you’re given, and we’ll be with you all from the beginning of the process to make sure that you have what you need to move forward.
Frequently Asked Questions
Can I file a wrongful death claim if I’m not related by blood or marriage?
It depends on your relationship to the person who died. California law allows certain family members and heirs to file, including spouses, domestic partners, and children. If you’re unsure, we can help you understand your options.
What’s the deadline to file?
You generally have two years from the date of death to file a wrongful death lawsuit in California. If a government agency is involved, you may have much less time. It’s worth finding out where you stand as soon as you can.
Do I need a death certificate to file a wrongful death claim?
A death certificate can help confirm the details of your loved one’s death, but you don’t need to have everything figured out before asking for help. If you don’t have one yet, our team can explain what records you’ll need and how to get them.
Maison Law Can Help Your Family Through a Livermore Wrongful Death Claim
Losing someone you love in a fatal accident changes everything. On top of grieving, your family may be facing unexpected expenses, lost income, and questions about what happened. You shouldn’t have to sort through all of that without help.
Our Livermore wrongful death lawyers at Maison Law can help you understand your options, investigate the accident, gather evidence, and deal with the insurance company. We’ll walk you through the process and explain what comes next, so you can focus on yourself and your family. When you’re ready, set up a free consultation.
