Modesto residents rarely get time to slow down as they move through their days. As we rush off to work, to take the kids to school, or out to get groceries, we rarely think about the hazards to our safety that lurk everywhere.
A reckless driver can crash into us on McHenry Avenue. We can tumble down a poorly maintained stairwell at an apartment complex. In the worst cases, the injuries that result can be life-threatening. Families can lose someone to a terrible accident and wonder if they can seek help from the person responsible.
Filing a wrongful death claim is one way Modesto families can seek justice after a tragic personal injury accident.
A Free Consultation with a Modesto Wrongful Death Lawyer
After a devastating accident, family members of the deceased will need to prepare for their futures. Insurance companies will be seeking ways to avoid accepting liability for their policyholder’s mistakes. This unfair treatment can leave close relatives paying funeral expenses and leftover medical bills themselves. They could also suffer the loss of income in the years to come now that the deceased will no longer contribute weekly paychecks.
These and other monumental losses can be sought through a wrongful death claim. Contact Maison Law of Modesto for a free, no-obligation case evaluation to find out how your family can secure what’s fair from an insurance company.
Who Can Be Held Responsible in Modesto Wrongful Death Accidents?
Those who employ us, who maintain the properties where we live, and open the stores where we shop, all must show us a legal “duty of care.” This means when you are on someone else’s property, the property owner must be concerned with your safety.
When you or a family member suffer a fatal injury that could have been reasonably prevented, that property or business owner will be liable for helping your family recover from such a terrible loss. This same liability applies to drivers on Highway 99 who neglect their duty of care to other motorists by getting behind the wheel after consuming alcohol. If they make a reckless move that claims a life, they are fully accountable for helping the family members left behind rebuild their lives.
A Modesto personal injury lawyer holds the insurance providers for guilty parties fully responsible for the incredible costs that arise for a family after a heartbreaking loss.
Wrongful Death Hazards in Modesto
The threats to our safety when we venture out into Modesto each day are everywhere. There are even hazards in our own Modesto homes and apartments that can easily claim lives.
These tragic outcomes are usually the fault of a negligent party that didn’t clean up a mess or repair a hazard soon enough. When someone comes along and gets hurt, an employer, a business owner, a dangerous driver, or even the City of Modesto might be fully liable.
There are many different types of wrongful death cases that Maison Law’s skilled Modesto Wrongful Death Lawyers helps victims and families with:
- Traffic accidents. Most car accidents result in some minor property damage, but accidents involving semi-trucks, motorcycles, and bicycles have a much higher chance of resulting in the heartbreaking loss of life. Pedestrian collision victims are also left at a much bigger risk of dying from injuries.
- Workplace accidents. Construction accidents, farming and agricultural accidents, and manufacturing accidents often prove deadly. Any fatal accident in an office or at a worksite caused by the negligence of a small-business owner or a national corporation should result in fair support for the loved ones left behind.
- Slip-and-falls, trip-and-falls, and falls from heights. These falls can occur on stairs with loose railings or rotten steps. Decking can give way on a residential property. A victim’s death may not happen immediately. A hip injury victim could experience life-threatening medical issues while bedridden during recovery.
- Amusement park fatal injuries. A malfunction on a ride at Boomers or Funworks Modesto can lead to deadly complications. A problem with a go-kart could claim a life. A day of fun could end up leaving family members without the guidance and care of a loved one. A Modesto wrongful death attorney holds corporate owners responsible for a fun park’s careless mistakes.
- Defective products. The devices and appliances that were installed and brought into the home. These tools can malfunction or release toxic chemicals and endanger the lives of our loved ones. The manufacturers and the retailers who sold the product may have to provide financial support to close relatives. A landlord may also be liable for a fatal outcome.
- Medical malpractice. Doctors, surgeons, nurses, pharmacists, and others might make careless mistakes that cost loved ones their lives. It’s important to speak with a Modesto wrongful death lawyer to make sure a doctor or a hospital is held accountable.
- Nursing home negligence. The care our loved ones receive at assisted-living facilities should never have to be questioned. Yet, neglect and a staff member’s poor judgment can put our loved ones in life-threatening danger.
- Dog bites. A dog owner can be held fully responsible when a dog attack claims the life of an adult or a young child.
- Swimming pool accidents. Deadly hazards around a pool and in the pool make a property owner or the City of Modesto liable for a wrongful death.
Who Can Sue After a Family Member’s Wrongful Death in California?
California law empowers a spouse or domestic partner, children of the victim, or the grandchildren of the victim to file a wrongful death claim on behalf of the rest of the family.
In some cases, the parents and siblings of the deceased may also be allowed to file a wrongful death claim to seek a settlement check. A personal injury lawyer can also file these claims on behalf of family members.
A free consultation with a Modesto Wrongful Death Lawyer will be a no-risk, confidential way to determine who may file a claim and how much families should expect in support.
What is a Wrongful Death Lawsuit in California?
According to the California Code of Civil Procedures 377.60, surviving family members or the estate may sue for damages when a person dies as the result of someone else’s wrongful act. Family members can file a wrongful death lawsuit in California regardless if the act of causation was careless, reckless, or intentional, however, the nature of the fatal action will impact many aspects of the case such as financial compensation, punishment, and liability.
What Goes into a Wrongful Death Lawsuit in California?
A wrongful death settlement or verdict 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. Wrongful death damages usually 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
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.
Are Damages Different 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. 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. Executors ensure all assets in the will are accounted for an transfer these assist to the correct beneficiary.
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
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 in California?
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 breaks 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 Typical Compensation for a Wrongful Death in Modesto?
Compensation for a wrongful death 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, which is why it is recommended to consult with a Wrongful Death Lawyer at Maison Law to see what options are available for your situation.
How are Wrongful Death Settlements Distributed?
In California, all potential claimants must be included in one lawsuit. This is covered under California’s “one action rule.” Once a claim concludes with a settlement or judgment that results in a financial reward, the distribution of the amount can be agreed upon by all the recipients. If an agreement cannot be reached, then a hearing will be held to decide the amount to be allocated to each person.
What Sort of Support Is Available to Families in a Modesto Wrongful Death Claim?
When a dangerous move on a highway or a hazard left exposed in a public building claims the life of a loved one, close relatives must take action. Loved ones are encouraged to hold the car insurance company, commercial liability insurance company, or a homeowners insurance company fully responsible.
Insurance adjusters may tell your family that your loss isn’t their responsibility, but you shouldn’t accept this until you’ve talked to a legal representative who knows California’s wrongful death laws well.
A wrongful death claim sent to an insurance company would list every damage family members endure after the loss of a loved one.
These are just a few of the factors that determine the size of an insurance settlement check for the family:
- Costs of a funeral.
- The emergency services fees and hospital costs built up before the victim passed on.
- The income and job benefits the deceased can no longer provide loved ones in the years ahead.
- Emotional trauma suffered by loved ones. This can include the love and guidance family members can no longer draw from in the coming years.
- Loss of consortium. (Losing the intimate support of a partner.)
- Cost of grief counseling and psychological services for grief-stricken family members.
Frequently Asked Questions
How long do I have to file a Modesto wrongful death claim?
Two years. Families who have lost a loved one should act quickly to hold at-fault parties responsible. Waiting months to begin building a claim can mean evidence is harder to find and witnesses are harder to locate.
Can my family still earn support if a loved one is found partially to blame for a deadly accident?
Yes. In California, liability for an accident can be divided between those involved. Victims may share part of the blame for accidents, but a careless driver or a negligent employer might still owe a family a large percentage of support.
Do I need a Wrongful Death Lawyer after a Modesto Accident?
Yes. Insurance companies take advantage of the fact that victims are no longer able to speak up for themselves. Insurers can blame victims and try to limit the support a family earns. A lawyer fights for fair treatment.
Contact a Modesto Wrongful Death Lawyer
If a family member is taken from you in a careless accident, contact a Modesto Wrongful Death Lawyer and schedule a free consultation.
Discuss your case with attorney Martin Gasparian, the founder of Maison Law. It’s a no-risk opportunity to have a skilled local lawyer go over your wrongful death case. You’ll need to know what your case is worth and how to avoid insurance tactics designed to rob your family of financial support after a tragedy.
There’s no obligation to hire Maison Law to represent your family in a wrongful death case. However, if you feel a personal injury lawyer can help you earn what’s fair from an insurance company, you won’t need any upfront money. Maison Law doesn’t get paid unless we win your case for your family.
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