Maison Law represents the families of fatal truck accident victims in Los Angeles. If you’ve lost a loved one due to a careless truck driver, the wrongful death attorneys at Maison Law are for you and your family. Our team of experienced accident attorneys will help you navigate the legal process during this difficult time. Contact Maison Law today for a free consultation and see what options are available to you.
Do I Need a Lawyer for a Fatal Truck Accident in Los Angeles?
If you’ve lost a loved one in a fatal truck accident, it is advised to seek legal counsel from a wrongful death attorney before you agree to settle with the insurance company. The unfortunate truth of dealing with insurance companies is that they will always offer the least amount of compensation to accident victims, even if the accident is fatal. Most families who have lost a loved one in a fatal truck accident are unaware of their rights. Insurance companies take advantage of that fact and will convince families they’re only entitled to the bare minimum.
By partnering with a reputable attorney, you will no longer have to deal with insurance adjusters. An attorney will let the insurance company know you are aware of your rights and you will be exercising them to receive fair compensation. As someone who has just lost a loved one, you should not have to carry the burden of fighting for a fair settlement from the insurance company. A wrongful death attorney will file a lawsuit against the liable party on your behalf to help you recover:
- 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
Who Can Bring a Wrongful Death Lawsuit in a Fatal Truck Accident in Los Angeles?
Before pursuing damages in a wrongful death lawsuit, you should know the legal requirements of who is permitted to file the lawsuit. Typically, this right is reserved for immediate family members because they are the ones most affected by the loss. However, in California, several other people are allowed to file suit, according to the Code of Civil Procedure, section 377.60. The eligible members include:
- 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
- Dependent minor living in the household
- The next of kin
- 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 become entitled to compensation.
What are 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. Medical malpractice is an exception, giving eligible survivors three years from the date they discovered their loved one’s death was a result of medical malpractice.
The “discovery rule” is another 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.
What Factors Influence a Fatal Truck Accident Settlement?
Settlement amounts in California vary based on a number of factors, but the main determining factor is the degree of fault by the “at-fault” party. The settlement is also dependent upon the details of your case. 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 for compensation.
These details are often revealed through legal processes your attorney will guide you through. Both you (the plaintiff) and the liable party (the defense) will have a chance to discuss the details of the case through:
- Interrogatories: written questions both parties must answer under oath
- Depositions: usually an audio or video recording of a verbal question and answer between both opposing parties under oath and outside of the courthouse
- Request for production of documents: all documents to back up each party’s claims must be presented to both sides
- Request for admission: carefully directed questions to determine whether the party in question agrees with or denies certain claims
What is the Typical Compensation for a Fatal Truck Accident In Los Angeles?
While there is no specific amount of compensation for a fatal truck accident, compensatory damages are classified as economic and non-economic damages. Between the two, it is difficult to calculate the exact worth as non-economic damages like pain and loss of consortium are difficult to quantify into a specific dollar amount. However, there is no limit to noneconomic damages in California, so the compensation will largely depend on the severity of these 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
Contact a Fatal Truck Accident Lawyer in Los Angeles
If you’ve lost a loved one due to the careless driving of another, the wrongful death 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. We understand how burdensome the legal process can be for wrongful death victims, but you don’t have to go through this alone. Contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our services and we only get paid if we win your case.
