Maison Law represents families of fatal car accident victims. Losing a loved one is tough and it’s even more challenging knowing it could have been prevented. If you’ve lost a loved one due to another driver’s recklessness, the wrongful death attorneys at Maison Law are here to help. Contact Maison Law today where one of our caring and dedicated attorneys will assist you through each step of the process.
Why Do You Need A Fatal Car Accident Lawyer?
Fatal car accidents are complicated because there could be a number of causes for the loss of your loved one. Common causes of fatal car accidents include:
- Negligent drivers
- The provider of alcohol to an underage driver
- A car mechanic shop for failing to repair a hazardous issue
- The vehicle manufacturer who failed to replace defective parts
- A local, city, state, or regional government allowed for a dangerous road condition to exist
An experienced wrongful death attorney will be able to identify all the responsible parties, as well as:
- Filing a lawsuit against all at-fault parties
- Gathering evidence through investigators, interrogatories, discovery requests, and depositions.
- Protecting you and your family’s rights to fair compensation, even if the car accident was partially your fault
- Negotiate a fair settlement
- Represent you at trial if a settlement cannot be reached
At Maison Law, we seek to get answers for our clients in Madera, especially when it comes to those who have unfortunately lost a loved one. If you’ve got questions or need assistance in getting through this difficult time, contact us at Maison Law to see what options are available to you.
Who Receives the Money in a Wrongful Death Case?
In California, the immediate family or heirs of the deceased are typically entitled to compensation for the following damages:
- Funeral and burial expenses
- Accident-related medical bills before the loss of a loved one
- Pain and suffering
- Mental trauma associated with a sudden loss such as anger, depression, and anxiety
- Loss of consortium
- Loss of the deceased’s income
In some cases, attorney fees and punitive damages can be awarded if the fatal accident was a result of willfully reckless driving or drunk driving.
What Happens if the Driver Was Uninsured?
If an uninsured driver causes a fatal car accident, it is best to see if the insurance policy on the deceased’s vehicle covers uninsured motorists (UM). If it does, then the insurance policy will cover some, if not all of your damages.
Even if the driver is uninsured, you can file a personal lawsuit against them to recover damages. To do that, you will need an attorney to file the lawsuit and prove the uninsured driver was at fault for the accident, as well as the wrongful death. Assuming the driver cannot afford car insurance, they’ll most likely be unable to compensate you for your damages. If that’s the case, then contact Maison Law and one of our accident attorneys would be happy to assist you on how to proceed.
What is the Typical Compensation for a Fatal Car Accident in Madera?
A wrongful death settlement from a fatal car accident is the most effective recourse to pursuing justice for the remaining family members. Your attorney will take legal action to hold individuals, businesses, or other accountable entities for tragically taking away your loved one. Once all the at-fault parties have been brought into the lawsuit, the value of your settlement ultimately depends on:
- 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.
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.
FAQs
Q: Do insurance companies go after uninsured drivers in California?
A: Insurance companies have a right to pursue compensation from uninsured drivers through subjugation.
Q: What’s the deadline for filing a wrongful death claim?
A: 2 years. In California, family members or the estate of the victim have two years from the date of death to file a wrongful death claim.
Q: Who qualifies as a wrongful death victim?
A: California Law defines a wrongful death victim as someone who dies as a result of the wrongful act or carelessness of another person.
Contact a Fatal Car Accident Lawyer in Madera
If you’ve lost a loved one due to the carelessness or wrongful act of another, we can help. We offer free consultations to help you understand your legal options and to give you a path forward during this difficult time. If you have questions, we’d love to answer them. Contact Maison Law today for a free consultation and case evaluation.
