Maison Law represents the families of children lost in a fatal accident in Merced. According to the CDC, 711 child passengers ages 12 and younger were involved in fatal car accidents, with more than 63,000 children sustaining severe injuries. At Maison Law, we understand that seeking compensation for the loss of a child will not bring relief. However, it can make the process easier. Our firm works with those who have suffered the unfortunate loss of a child to help them receive compensation for expenses associated with their death by holding the responsible party accountable. The attorneys at Maison Law will approach your case with care and make the process as easy on you and your family as possible.

Do I Need a Lawyer for a Fatal Accident Involving Children?

The sudden loss of a child is not only emotionally devastating, but it comes with costs that most families are not prepared for. Children are far more susceptible to fatal accidents because their bodies are more fragile than an adult’s, so even the slightest act of carelessness can result in a horrific accident. And matters only become more complex when you try to assign blame and recover damages. But that’s where the Wrongful Death Lawyers at Miason Law can make things easier on you and your family during this difficult time.

At Maison Law, we explore every avenue of compensation after the untimely loss of a loved one. We take a personable approach when it comes to recovering damages and ensure you’ll receive compensation for:

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

Other Damages You May Receive After a Fatal Accident Involving Children

Under California Civil Procedures 377.30, a wrongful death 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 car accident would be drunk driving, street racing, or road rage.

Steps to Take to Protect Your Rights After a Child’s Wrongful Death

Considering legal matters while dealing the sudden loss of a child can be difficult. However, neglecting to understand necessary legal steps can have a harmful impact on your family’s right to compensation. One way to avoid mistakes after a wrongful death is to do the following:

Seek Legal Counsel: it is recommended to consult with one of the Wrongful Death Attorneys at Maison Law as soon as possible. Our team will guide you through the legal process and ensure all legal filings are done on time and in accordance with California Law.
Gather Evidence: while our law firm will thoroughly investigate your case, you can help by preserving any evidence, such as police reports, photos of the accident scene, witness information, or prior medical records.
Avoid Speaking with Insurance Companies: insurance adjusters may attempt to pressure you into accepting a low settlement that does not properly compensate the losses you and your family have suffered. It is always a good idea to consult with our attorneys before accepting any settlement.
Avoid Public Statements: any statements made to the press or on social media can potentially be used against you in a deposition or at trial.
Focus on Healing: you can truly help your case by taking all measures to emotionally heal during this challenging time. This could mean seeking counsel and support services to help you process a profound loss.

How Maison Law Can Help

At Maison Law, our firm will make sure you have a strong case to pursue the full extent of the damage done to your life. We accomplish this through:

Accurate damage calculation: we calculate damages based on expert testimony, medical evaluations, and economic analyses to cover every aspect of your current and long-term medical needs, pertaining to the accident.
Clear reports and expert witness testimony: our firm compiles detailed reports that outline the extent of your family’s damages and the impact the sudden loss has had on the rest of your lives. We organize expert witness testimony to reinforce the credibility of your claim and the incident.
Minimizing liability: if you file a claim or lawsuit against an at-fault party, they will most likely attempt to shift some blame off of themselves. Our firm will analyze your case and work to minimize or eliminate liability if necessary.
Negotiating with insurers: our lawyers are expert negotiators and understand the tactics insurance companies will take to attempt to minimize your damages and compensation. We ensure our clients receive a fair settlement that fully covers their current and future needs.
Court Representation: our trial lawyers will represent you in court and build a strong case, highlighting the depth of damages and the necessity for recovering the costs associated with the wrongful death of a loved one.

What is the Typical Compensation for a Fatal Accident Involving Children?

Unfortunately, there is no average compensation for a wrongful death claim involving a minor, as the details of every case are different. Non-economic damages, such as grief and trauma experienced by the surviving family members of a fatal accident, make it difficult to determine compensation, as these factors do not have a specific dollar amount. Instead, the amount of compensation you can expect to receive will be dependent on the severity of your economic and non-economic damages. 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 are associated with the loss of a loved one

Other factors that can impact the amount of compensation you can receive are dependent on details about the decedent and the incident. 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: drivers and property owners are required to have insurance, and most do. However, most insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives to get the compensation you need.

Contact Maison Law | Merced Wrongful Death Attorneys

If you’ve lost a child due to the careless actions of another, the Wrongful Death Attorneys at Maison Law do not back down from complex cases like ones involving children. We advocate aggressively on the side of families who need compensation for the untimely loss of a loved one and will exercise every legal avenue to help you get through this difficult time.

When you’re ready, you can begin the process by contacting Maison Law today for a no-cost, no-obligation case evaluation. There are no upfront fees for our services, and you will not be charged a cent until your case is won.

Merced Fatal Accidents Involving Children Lawyer