Maison Law represents the families of fatal truck accident victims in Merced. If you’ve suffered the loss of a loved one in a fatal truck accident, the wrongful death attorneys at Maison Law are here to get you and your family the financial support you need. Contact us today for a free consultation and case evaluation.
Do I Need a Lawyer for a Bus Accident in Merced?
We understand no amount of money can make up for the loss of a loved one, but there are legal options available to make the process easier for you and your family. An unfortunate fact about these situations that families of fatal truck accidents don’t consider when filing a wrongful death claim is the insurance company. Unfortunately, the insurance company is not looking out for your best interest. Their goal is to get you to accept the lowest settlement amount possible, even if it means assigning liability to the decedent. However, an attorney will relieve you of the hassle of dealing with the insurance company yourself. They will file a lawsuit against the liable party’s insurance on your behalf and sue for economic damages and non-economic damages. These 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
- 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
By settling with the insurance right away, you could be left with expensive medical bills and vehicle repairs, which can be financially devastating to families who have just suffered a loss. For these reasons, it is advisable to discuss your situation with a reputable attorney before agreeing to anything from the insurance company.
Who Can Receive Compensation in a Fatal Truck Accident in Merced?
According to the Code of Civil Procedure, section 377.60, the following people can seek compensation for a wrongful death:
- 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
- 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 are entitled to compensation.
What Factors Influence a Fatal Car Accident Settlement?
Wrongful death lawsuits tend to be settled out of court. How they settle, however, can be dependent on the following factors:
- 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, according to Comparative Negligence Law.
- Insurance policy limits of the at-fault party: drivers are required to have insurance and most do. However, most personal insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives for compensation.
Who Can Be Held Responsible for a Fatal Truck Accident?
No wrongful death truck accident is the same, but the most common at-fault parties in a fatal truck accident include:
- Negligent driver
- A truck mechanic shop that made faulty repairs
- The truck manufacturer who failed to replace defective parts
- A local, city, state, or regional government allowed for a dangerous road condition to exist
Depending on the circumstance, one or more persons can be held responsible for a wrongful death. An attorney will investigate wrongful death claims through interrogatories, discovery requests, and depositions to decide exactly how many parties are at fault. In wrongful death lawsuits, the more parties liable for the fatal accident, the more compensation the family of the decedent is entitled to.
What is the Typical Compensation for a Fatal Truck Accident In Merced?
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.
Contact a Fatal Truck Accident Lawyer in Merced
If you’ve lost a loved one due to the careless driving of another, the truck accident 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. Contact Maison Law today for a free consultation and case evaluation.
