Maison Law represents the families of fatal accident victims in Los Banos, California. If you’ve suffered the untimely loss of a loved one in a fatal accident due to the careless actions of another, the Wrongful Death Attorneys at Maison Law are here to help you through this difficult time. Our team of attorneys will provide you and your family with the legal expertise needed to recover funeral costs, emotional damages, and financial losses sustained due to the unfortunate incident. Contact us today for a confidential, no-cost consultation to understand what legal options are available.
Do I Need a Wrongful Death Lawyer?
If you’ve suffered the sudden loss of a loved one in a fatal accident in Los Banos, one of the best things you can do to help your situation is to consult with a Wrongful Death Lawyer. A lawyer will file a wrongful death lawsuit against the liable parties to ensure they’re held accountable for compensating those who have had to endure the loss of a family member or loved one.
A wrongful death settlement or verdict typically covers damages endured by the decedent and their family. These damages are thoroughly considered when determining the outcome and compensation of a wrongful death lawsuit. Wrongful death damages 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
- 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
When to Consult with a Lawyer After a Wrongful Death
Generally speaking, wrongful death claims must be asserted on behalf of the deceased’s personal representative within the statute of limitations of two years. There are exceptions to the statute of limitations, which we’ll cover later in the article. It is important to know that if you miss the deadline for filing a wrongful death claim, you waive your rights to recover damages. For that reason, it is important to consult with a Wrongful Death Attorney at Maison Law as soon as possible. Additionally, the following is a list of reasons families should contact a lawyer after a fatal bicycle accident:
- Your loved one was killed by someone else: the details of your loved one’s accident will determine whether your loved one’s wrongful death is a civil or criminal action. A civil action would be considered an accident, such as a bicycle accident or work-related accident. A deliberate act such as murder would involve criminal charges being brought against the liable party.
- The insurance company is neglecting you: It is not uncommon for insurance companies to attempt to lessen your damages. A wrongful death attorney can help you prove the defendant was careless and maximize your compensation. An experienced attorney will be able to show the defendant owed the decedent a “duty of care.” And this duty of care was breached by a direct act from the defendant, which caused your loved one’s death.
- You need financial help: A wrongful death attorney will advocate on your behalf to get you the maximum amount of compensation you are owed. There are numerous losses families suffer due to the untimely loss of a loved one, and there are legal processes to recover all the damages families have been forced to suffer.
What Goes Into a Wrongful Death Lawsuit?
According to the California Code of Civil Procedures 377.60, surviving family members or the estate may sue for damages when a person dies as the result of someone else’s wrongful act. Family members can file a wrongful death lawsuit in California regardless if the act of causation was careless, reckless, or intentional, however, the nature of the fatal action will impact many aspects of the case such as financial compensation, punishment, and liability.
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.
Who Can File a Wrongful Death Lawsuit in Los Banos?
According to California Code of Civil Procedure 377.60, the following individuals may file a wrongful death lawsuit:
- The deceased person’s spouse or domestic partner
- Children of the deceased, including stepchildren
- Parents of the deceased
- Dependent minors living in the deceased person’s household
- The deceased’s personal representative
- People who would be entitled to the property of the decedent if they did not create a will
If the deceased had no surviving children, parents, or spouse, then those close to the deceased may qualify to file a wrongful death claim. It is important to note that California recently passed Senate Bill 447. This wrongful death law affects the types of damages a victim’s estate can recover in survival 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.
Wrongful Death Statute of Limitations Exceptions
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.
Contact a Los Banos Wrongful Death Lawyer
If you’ve lost a loved one due to the careless acts of another, a vehicle accident, or a hazardous condition, the Wrongful Death Attorneys at Maison Law are here to help your family get through this difficult time. We understand that no amount of money can replace the loss of a loved one, but we can take legal action against the liable party and ensure financial security for you and your family’s future. To start the legal process, contact Maison Law today, and our legal team will explain all your options free of charge.
