Merced Fatal Car Accident Lawyer

Maison Law represents families who lose loved ones in heartbreaking Merced County car accidents. When reckless drivers cause fatal collisions, close relatives of the victims can seek full support as they take time to mourn their loss. Our wrongful death lawyers offer a free, confidential case consultation to all family members. Schedule a case review to find out how much in support a car insurance company should provide families after a tragedy.

Do I Need a Lawyer After Losing Someone in a Fatal Car Accident?

If a loved one is killed in a car accident caused by someone else’s mistake, families have the legal right to seek financial restitution. Families can seek support from insurance companies, but that doesn’t mean they’ll receive the assistance they should. Insurance adjusters are trained to try to limit what families receive and they can even attempt to blame an innocent victim for an accident.

A Merced Wrongful Death Attorney safeguards the family’s rights and fights back against these unfair tactics. A skilled lawyer makes sure families are awarded all benefits available. A personal injury lawyer can help in filing a wrongful death claim and protecting the family’s interests. A lawyer also handles the frustrating negotiations with insurance companies while allowing as little disruption to a grieving family as possible.

How Maison Law Helps Fatal Car Accident Victims in Merced

Losing a loved one in a car accident is especially hard when the accident was caused by another driver’s careless actions. If the driver had acted in a responsible, safe manner, the accident never would have happened. This is something that will need to be proven to an insurance company or in court in order to make sure your family receives fair compensation. The process can seem overwhelming, but our firm will help you prove your damages by:

• Gathering evidence that a person, business, or government entity was liable for your loved ones injuries and wrongful death
• Recreating the accident using accident reconstruction professionals
• Getting medical specialists to testify on behalf of the decedent’s suffering, as well as your family’s trauma
• Proving that the accident was in no way the decedent’s fault, nor could they have done anything to prevent it
• Filing a claim in court if a fair settlement cannot be agreed upon, and presenting your case in front of a jury

A wrongful death settlement or verdict after a fatal car accident 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. The damages we’ll pursue on behalf of your family 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

Evidence Needed in a Wrongful Death Claim

Solid evidence is the foundation of any fatal car accident claim. At Maison Law, we can help you gather 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.

Fatal Car Accident Lawsuits Under California Law

Under California Civil Procedures 377.30, a fatal car accident lawsuit is typically coupled with a California “survival” cause of 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.

It is important to know that a survival action claim is the only way to sue for punitive damages. These damages are not available under a wrongful death lawsuit. For punitive damages to be awarded in a survival action claim, the decedent’s death must be a result of another person’s intentional actions to do harm, or from extreme recklessness. An example of this in the context of a fatal car accident would be drunk driving, road rage, or street racing.

Who Can Bring a Wrongful Death Lawsuit in a Fatal Car Accident?

Once a wrongful death lawsuit concludes with a settlement, it can sometimes be confusing as to who can be eligible to receive payment. Fortunately, In California, there are laws and procedures to ensure that members can claim compensation. According to the Code of Civil Procedure, section 377.60, the following people can be compensated for a wrongful death:

• A surviving spouse or domestic partner: the law requires they were legally married, or legally partnered before the deceased’s accident occurred.
• Children of the deceased: children and stepchildren are permitted to file a wrongful death claim for the untimely loss of their parent.

• Grandchildren: if the children of the decedent have already passed, then grandchildren can file a wrongful death claim.
• Anyone entitled to the property of the decedent: according to California intestate succession laws, intestate succession means any person who has been allowed by the law to inherit the decedent’s property if the decedent did not have a will. These people typically include the decedent’s parents and siblings.

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 are entitled to compensation.

How Fault is Determined in a Fatal Car Accident?

A fatal car accident may seem straightforward, but assigning liability can be a complex process. This is because the insurance of the liable party will require near indisputable evidence to back up your claim. If there is no substantial evidence, then they may outright deny compensation, or even assign blame to the decedent, leaving you no chance at recovering compensation.

This is why establishing fault is essential to recovering damages. At Maison Law, we’ll help you prove fault in your loved one’s fatal car accident by showing that the at-fault driver:

1. Had an obligation to act with reasonable care: For example, if a person is driving a car or a truck, they are expected to follow traffic laws, as well as be aware of other drivers on the road.
2. Breached their “duty of care:” The plaintiff must demonstrate they were owed a duty of care by the person at fault. In a fatal car accident, the duty of care would have been ignored if another car broke a traffic law and was driving dangerously before the collision.
3. Acted careless or reckless: If the defendant failed to act with a duty of care and caused another’s death, the plaintiff must prove that the other’s careless or reckless actions resulted in the loss of their loved one.
4. Damages: The plaintiff (you and your family) must be able to prove they suffered damages due to the loss of their loved one.

What Factors Influence a Fatal Car Accident Settlement?

Settlement amounts in fatal car accidents 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: if the accident was caused by a careless driver, then your settlement will most likely come from their insurance policy. 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. One of our experienced attorneys will guide you through each one step by step. 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 Car Accident in California?

Compensation for fatal car accidents can be difficult to predict. With so many variables, no case is the same. Factors such as the amount of income lost due to the loss of your loved one, the amount of medical bills owed due to the accident, and the funeral expenses all vary in cost on a case-by-case basis. However, an average amount can be reached by calculating the cost of economic and non-economic damages you and your family have suffered. 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

Even if your loved one is found partially at fault, you and your family can still file a wrongful death claim and are still entitled to damages. The legal complexities of a wrongful death lawsuit may seem intimidating, but it is advisable to consult an experienced Fatal Car Accident Attorney at Maison Law to see what options are available to you.

Merced Fatal Accident Hazards

Local drivers on busy routes like Highway 99 and Olive Avenue probably experience a lot of close calls each week. A mistake by a careless or reckless driver can be all it takes to cause a devastating collision that leaves victims with life-threatening injuries.

Victims might have been in an SUV when it was hit from behind by a speeding pick-up. The victims left fighting for life might be defenseless pedestrians or cyclists struck while trying to cross an intersection. An unprotected motorcyclist could be dealing with traumatic injuries after a driver attempted to make a turn without looking to see if a rider might be approaching.

Victims could end up at the Emergency Room at Mercy Medical Center. They could be flown to the Trauma Center in Fresno. In heartbreaking cases where victims don’t pull through, at-fault drivers and their insurance providers must be there for the families left behind. That means providing for their financial needs in the aftermath of an accident and in the future.

Seeking Support for the Families of Wrongful Death Victims

A skilled Merced car accident attorney assists your family in filing a wrongful death claim backed by power evidence. Your lawyer also includes a detailed list of every hardship family members have faced and expect to face in the future.

These are just a few of the factors that determine the amount on a wrongful death settlement check for the family:

• Expenses of a funeral service and burial.
• The ambulance fees and any hospital bills accumulated before the victim passed away.
• The paychecks and work benefits the victim will no longer provide in the years to come.
• Emotional trauma suffered by family members. This can include the loss of the love and guidance victims won’t be able to provide in the years to come.
• Loss of consortium. (The loss of intimacy now that a partner is gone)
• Cost of grief counseling and other mental health services.

Contact a Merced Fatal Car Accident Lawyer

Families should be allowed the time they need to grieve after a tragic accident, but bills and other hardships stemming from a tragedy can make a wrongful death lawsuit necessary. A Merced wrongful death attorney can handle your case privately with as little disruption to close family members as possible.

Contact Maison Law for a free and confidential case evaluation for any family in Merced County. Our lawyers offer compassionate care to those in mourning to ensure they don’t suffer the financial consequences of someone else’s mistake.

If you think we can help your family secure more for their futures, you won’t need to worry about having the money to pay for a lawyer’s assistance. Maison Law doesn’t get paid unless we win your case for your family. Then our fee is covered through the wrongful death settlement check an insurance company must provide to your family.