Maison Law represents the families of fatal pedestrian accident victims in Modesto. If you’re coping with the loss of a loved one, taking legal action may be the last thing on your mind, but it can serve as an important step in the recovery process. Our Wrongful Death Attorneys at Maison Law can hold the liable party responsible for the untimely loss of your loved one and get you fair compensation to cover your financial burdens. Contact Maison Law today for a free and confidential consultation.

Do I Need a Lawyer for a Fatal Pedestrian Accident?

Unfortunately, there is no perfect way to compensate you after the loss of a loved one in a pedestrian accident. But that doesn’t mean you shouldn’t take legal action to recover damages for your loss. That’s where Maison Law can help.

Our Wrongful Death Lawyers will work tirelessly to ensure you and your family are awarded a wrongful death settlement, which includes compensation for:

Medical bills directly related to the accident injuries from the time of the accident to your loved one’s death.
Funeral and burial expenses
Lost income, which includes income from the time of the accident and future lost income
Loss of household services your loved one used to provide
Pain and suffering the decedent was exposed to before their untimely death
Medical bills the decedent may have accumulated
Loss of consortium

At Maison Law, our team will manage the legalities of your loss, so you can focus on grieving with your loved ones. Our legal team will help you:

Manage all communication with the insurance companies
Investigate the accident scene and gather crucial evidence to build your case
Identify all liable parties and potential sources of compensation
Negotiate a fair settlement to cover your loss and financial future
Represent you in court if a fair settlement cannot be reached

What Info is Needed During a Law Firm’s Intake Process?

The intake process usually starts off with a questionnaire to assess the merits of the case. This questionnaire will provide the law firm with key information to help determine if a case is worth pursuing or not. However, if you’d like to speak directly to an attorney, you can usually setup a brief meeting to discuss the details of your situation prior to answering a questionnaire. The following data is what potential clients will need to begin the intake process with a law firm:

Employment details: current or former employer, job title, dates of employment, and compensation information.
Nature of the complaint: type of carelessness that led to your injury (premise liability, car accident, defective equipment)
Timeline of events: dates of key incidents, formal complaints filed, relevant communications with employer
Witnesses: names and contact information of potential witnesses to the alleged misconduct
Documentation: list of relevant documents (x-rays, MRIs, doctor’s diagnosis, physical therapy appointments, workers’ compensation forms)
Prior legal action: if you’ve filed previous claims, then the details of your previous case may be relevant to your new case
Medical information: details about your medical diagnosis and treatment plan
Social media presence: your injury may be documented online, as well as you discussing the details of your personal injury

How to Know if You Have a Pedestrian Accident Case?

According to the California Office of Traffic Safety, pedestrian accidents are happening far too frequently in California, resulting in 893 fatalities in 2018 and over 14,000 serious injuries. But what these statistics don’t reveal is an even more problematic issue. Insurance companies usually fail to let injured pedestrians know their legal right to pursue fair compensation for the damage done to their life.

Fortunately, the attorneys at Maison Law can help you understand your rights and recover the full costs of everything you’ve lost due to your accident. If you suffered any type of injury due to another person’s careless or intentional actions, then you have a legitimate personal injury case. Here are some signs you have a strong personal injury case after a pedestrian accident:

The defendant admitted fault. Admission is a powerful tool our firm uses to bolster the facts of your case. Through interrogatories and depositions, we form the right questions to get to the truth of the matter, especially if the defendant is at fault.
The incident was caught on camera. Dash cams, traffic cams, and eyewitnesses may have caught your pedestrian accident. Undeniable evidence, such as footage of the incident, can make your request for fair compensation undeniable. Our firm will help you obtain the necessary evidence to strengthen your case and make your statements irrefutable.
Defendant has a history of carelessness. If the driver who caused the fatal pedestrian accident has a bad driving record, this can strengthen your case. It is not uncommon for defense attorneys or the insurance company to attempt to place blame on to the plaintiff. But if the defendant has a history of poor driving, then it will be difficult to argue that the decedent was at fault.
You’ve taken the right steps. An insurance company will be looking to reduce your compensation. By partnering with a Wrongful Death Attorney at Maison Law, we will protect you and your family’s right to compensation and ensure you recover all the damages you’ve been forced to endure.

Other Damages Awarded to Families of Fatal Pedestrian Accident Victims

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 rewarded 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 or road rage.

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

Pedestrian Safety in Modesto

Every year, too many pedestrians in Modesto are involved in crashes. Walking paths and school zones should be considered safe, not hazardous areas where the risk of pedestrian accidents is high. Unfortunately, in Modesto, there are many roads with speed limits above 40 MPH. According to the Federal Highway Administration, studies have shown that the risk of pedestrian accidents increases by 85% when vehicles are traveling at speeds greater than 40 MPH.

It is this statistic that has caused the City of Modesto to take action in school zones. One of the main streets where safer intersections and school zones are needed is Chicago and Washington Avenue. A collective effort known as the “Paradise Road Project” provided these streets with city-funded traffic circles, a road diet, and new fencing along the median to aid in slowing traffic and increasing visibility for pedestrians. The city continues to urge drivers in Modesto to slow down, pay attention to speed limits, and stop at crosswalks, whether painted or not.

How Much Compensation Can You Ask for in a Fatal Pedestrian Accident Settlement?

You should always ask for more in a fatal pedestrian accident settlement. Here’s why. Making a settlement demand with the insurance company is a negotiation process, and you should ask for 2 to 3 times more than you think your case is worth. This may seem high, but the insurance company will be making an initial settlement offer that is extremely low. So, it is wise to ask for an amount in a demand letter that is well above what you think you deserve.

A demand letter should be a descriptive, factual, and truthful account of the event. A well-written demand letter can go a long way toward getting the compensation you want, which is why it is recommended to have a skilled Pedestrian Accident Lawyer assist you with writing it. The details of the demand letter should contain:

The time, date, and location of the accident
The name of the person/company/government entity at fault, along with their contact information (if applicable)
Details of the injuries you’ve sustained directly from the accident
Summary of damages incurred, which include medical bills, lost wages, and non-economic damages
Supporting documents, which may include X-rays, MRIs, and other photos or videos of the accident if you have them

What Factors Could Decrease a Fatal Pedestrian Accident Settlement?

Understanding the factors that can potentially harm your case is essential to knowing the value of your lawsuit. While the attorneys at Maison Law will be able to highlight the reasons you deserve to be compensated, they will also work aggressively to protect you from the factors that could reduce your compensation. These factors include:

Comparative negligence: if the decedent’s actions make them partially at fault, your settlement can be reduced by their percentage of liability before the fatal accident occurred.
Lack of strong evidence: The inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
Delayed medical treatment: Delays in seeking medical treatment after the accident may count against the decedent if they passed away due to their injuries. A lack of treatment can imply they failed to do what was necessary to prevent their untimely death. This is an unfortunate tactic the defense may use to reduce your settlement.
Inconsistent statements: Inconsistencies in the witness statement or the re-telling of the incident can diminish settlement prospects.

Contact Maison Law | Modesto Fatal Pedestrian Accident Lawyers

If you’re looking for a law firm to manage your fatal accident claim and win you a fair settlement, we can help. Our firm understands the enormous medical costs associated with fatal pedestrian accidents and will aggressively pursue a settlement to match the full extent of you and your family’s damages.

We understand this process can be overwhelming, but not taking legal action can have a major impact on your family’s mental health and finances over time. So, please don’t hesitate to contact Maison Law, as our attorneys are prepared to help you get through this difficult time in your life. Get started today by contacting us for a no-cost, no-obligation case review.

Modesto Fatal Pedestrian Accident Lawyer