Legal support from an attorney at Maison Law can ensure that you and your family have compassionate assistance after a fatal Merced accident. We understand how overwhelming it can be to face the aftermath of a fatal accident and the losses that you have suffered. You should never have to worry about how you will afford to pay the many bills that keep piling up as you are grieving, which is why we are here for you. Please do not hesitate to contact us today for a no-obligation case consultation.

Should You Hire a Merced Wrongful Death Lawyer?

In cases involving minor injuries, it is not likely that an individual will need the help of an attorney to move forward with a claim. However, wrongful death cases are much more severe and involve complex laws that many people are not familiar with.

When the loss of a loved one has happened due to an accident, families may be feeling lost and confused with their next steps. Even though you are going through one of the most difficult experiences of your life, the insurance company might not be on your side or have your best interests in mind. In some cases, they may even go as far as to attempt to pin the blame on the deceased victim.

At Maison Law, we want you to be treated fairly in your claim. We will help you fight back against the insurance company and hold parties accountable for the harm that they have caused your loved one. Having legal representation can ensure that all deadlines are met and all communication is handled in a timely fashion.

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.

Proving Wrongful Death in Merced

When dealing with a wrongful death, it is not always easy to prove fault, but it is an essential part of receiving damages after an untimely loss. In some instances, there are multiple parties involved, which further complicates who you can sue for damages. In these situations, California uses the legal term “Comparative Negligence” to divide blame amongst multiple “at-fault” parties as stated in California’s Comparative Negligence Law.

Regardless of how many parties are involved, if you can prove someone else’s negligence caused the death of your loved one, you will most likely have a case. The following are four elements of evidence necessary to prove fault in a wrongful death case:

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.
Breached their “duty of care:” The plaintiff must demonstrate they were owed a duty of care by the person at fault. For example, in a fatal motorcycle accident, the duty of care would have been ignored if another car broke a traffic law and was driving dangerously before the collision.
Acted careless or reckless: If the defendant failed to act with a duty of care and caused another’s death, the plaintiff must prove the other’s careless or reckless actions resulted in the loss of their loved one.
Damages: The plaintiff must be able to prove they suffered damages due to the loss of their loved one.

The Difference Between Wrongful Death & Survival Action

While there are similarities between wrongful death and survival action, damages for wrongful death claims can typically only be filed by the surviving spouse, children of the deceased, parents of the deceased, or any other person permitted by law. The types of damages that can be claimed in a wrongful death claim include:

Loss of household services once provided by the deceased
Loss of consortium damages for a spouse or domestic partner
Loss of guidance, care, nurturing, and affection provided by the deceased
Loss of financial support provided by the deceased
Loss of inheritance caused by the wrongful death

Survival actions are typically brought forth by the executor of the deceased person’s estate. An executor of an estate is an individual appointed to administer the law will of a deceased person and carry out instructions to manage the affairs. A survival action will provide compensation for matters directly related to the injuries sustained by the deceased up until the time of their death. These include:

Medical expenses
Pain and suffering the decedent suffered
Lost wages between the period they were injured and the time of their death

How Much Time Do I Have to File a Wrongful Death Lawsuit?

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 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.

What is the Most You Can Sue for Wrongful Death in Merced?

When it comes to wrongful death claims in Merced, there is generally no cap on the amount you can receive for wrongful death damages. The only exception is medical malpractice. A wrongful death caused by medical malpractice is capped at around $500,000 after Governor Gavin Newsome signed AB 35 in 2022.

Other than medical malpractice, wrongful death compensation will be determined between defense and plaintiff lawyers, or by a jury. The decision will ultimately be made based on the evidence at hand, the amount of damage done due to the loss of a loved one, and the extent of the insurance policy held by the liable party.

What Factors Influence a Wrongful Death Settlement?

Settlement amounts in fatal 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 comparative negligence state, meaning the decedent’s settlement can be reduced by their percentage of fault in the fatal accident. Fault can range anywhere from 1% to 99%.
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 Wrongful Death Attorneys at Maison Law will guide you through each 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 Type of Fatal Accidents Take Place in Merced?

There are many types of accidents that lead to serious injuries in Merced each year. Unfortunately, a large number of people lose their lives in these accidents every year as well. These accidents typically happen due to the negligence of another individual or entity. Some of the most common types of accidents that lead to fatalities in Merced include:

Traffic Accidents: Merced roads can be incredibly busy, with thousands of people bustling from one place to the next on major roads. When a reckless driver is in control of a passenger vehicle, a box truck, a semi-truck, or any other type of vehicle, a collision can occur in the blink of an eye.
Motorcycle, Pedestrian, and Bicycle Accidents: Anybody on a motorcycle, bicycle, or walking by foot can become involved in a fatal accident. These victims have no protection from harm, which means that a life could be lost within seconds.
Workplace Accidents: There are many types of workplace accidents that can lead to fatalities, including those in farming and construction. These accidents commonly occur when employers allow unsafe conditions within the workplace.
Premises Liability Accidents: Property owners are supposed to ensure the safety of everybody who is permitted on that property. If a tragic loss of life occurs, they could be held accountable.
Product Liability Cases: We expect to bring products into Merced homes that will not cause us harm. If a product leads to a sudden fatality, the manufacturer or store that sold the product could be responsible for the loss of your loved one.
City Government Accidents: Government entities could be responsible for the loss of a loved one if an accident takes place on public transportation, public building grounds, or anywhere else the government is in charge.
Dog Bites: California follows strict liability when it comes to dog bite accidents. This means that, if a dog bite leads to the loss of life, the owner of the dog could be held accountable for damages.

Who is Permitted to File a Wrongful Death Claim?

In California, there are various parties who could file a successful wrongful death claim on behalf of a loved one. Some of these parties include the following:

A spouse/domestic partner of the deceased
Children of the deceased
Parents of the deceased
A personal representative of the estate

One person moves forward with one of these claims on behalf of the rest of the family. In California, you have two years to file a wrongful death claim against a liable party so that you can receive damages. It is important that you act quickly to retain your rights and ensure that your family is treated fairly in your claim.

What Damages Are Available in a Merced Wrongful Death Claim?

After an unexpected loss of a loved one, families may be facing immense bills even though they should be able to focus on grieving. Families are able to demand help for the financial losses they have suffered due to losing a loved one. Some of the damages that you may be able to receive in a lawsuit include the following:

Reimbursement for funeral and burial costs
Coverage for ambulance services, hospital fees, and any other medical bills your loved one incurred before their passing
Financial support to a family when they are left without income
Pain and suffering damages
Loss of consortium or companionship
Punitive damages in some cases

Though no amount of money can bring back a loved one, it can help a family feel whole again financially. It is crucial that families seek legal help soon after a fatal accident so that they can get started on working toward a successful outcome.

Contact a Merced Wrongful Death Lawyer Today

After suffering the enormous loss of a loved one, it is natural to feel devastated and confused. At Maison Law, our Merced wrongful death lawyers will compassionately assist you as you navigate the California legal system. We do not want you to deal with the burden of taking on the insurance company or dealing with the legalities of your claim alone. Please do not hesitate to contact us today for a no-obligation and free consultation.

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Merced Wrongful Death Lawyer