Maison Law represents surviving family members when they tragically lose a loved one in an accident. This is an undeniably difficult situation, and it can be difficult to know how to move forward. Our Monterey personal injury lawyers will be there to support your family, both legally and emotionally. Contact us today for a free consultation to learn more about your options.
When Do You Need a Lawyer?
The death of a loved one is by far the worst outcome of any accident in Monterey. Worse, it can happen at any time. Still, legally speaking, it’s an injury claim. And while you don’t technically need a lawyer in this situation, trying to go through the process yourself on top of all your other responsibilities can quickly become overwhelming.
Our team at Maison Law can help you in several ways:
- We’ll investigate the accident thoroughly to understand what happened and how strong your case is.
- We’ll collect important evidence like medical records, reports of the incident, and any expenses you’ve had because of it.
- We’ll handle talking to the insurance companies for you and negotiate on your behalf.
- We’ll support you and your family during this tough time, making the legal process easier for you.
Even though you don’t need our help, facing the death of a loved one in an accident is almost unthinkable. That’s why we approach these cases with care and respect, while also fighting strongly for your family’s options. Although it’s tough to think about, you also have to be prepared and understand what you can do.
Is the Claims Process Any Different in a Wrongful Death Case?
Losing a loved one in an accident is incredibly tough for the family. Besides the immediate shock and sadness, there are also significant financial and emotional issues to deal with. The main difference, obviously, is that the claim needs to be filed on behalf of the deceased person.
Further, according to California law, only certain people can file the claim, including:
- Spouse
- Children
- Domestic partner
If the person who passed away doesn’t have a living spouse or children, others could be brought in with the ability to file a claim, such as:
- Parents
- Brothers and sisters
- Cousins
- Unmarried partners and their children
- Stepchildren
- Personal representative of the estate
Once this is established, the wrongful death claim can be filed. Much like other types of injury claims, this can be done through the insurance process or with a full lawsuit. This will give the surviving family the ability to potentially recover things like:
- The money the person who died would have given to their family and the work they would have done to support them.
- The close friendship and relationship the person who died had with their family.
- The emotional pain and suffering experienced because the person died.
- The support, teaching, and advice a parent would have given their child if they were still alive.
- Money the person who died would have earned from their job, along with any other benefits.
- The amount of money the person who died would have made over time.
- The medical and funeral bills that the family or estate paid directly.
- Punitive damages, in certain cases
It’s important to know that there’s a time limit to file a wrongful death claim, just like with any injury claim in California. Right now, you have two years from the date of the person’s death to file. If you miss this deadline, you might not be able to get the damages your family needs to move forward.
Who’s Liable in a Wrongful Death Claim?
Because a wrongful death claim is technically an injury claim, it means that there’s a general outline for figuring out who’s liable–or legally responsible–for paying for your family’s damages. And when you stop to consider that it can happen in any type of accident, things can become more into focus.
Legally, it comes down to negligence. In these cases, the person to blame is usually the one who:
- Was careless
- Caused the accident and the fatal injuries
Obviously, this is very dependent on the circumstances of the accident. Worse, there’s the potential for several different parties to be involved. In most situations, though, liability is going to fall on:
- Drivers in car or truck accidents
- Vehicle manufacturers when car parts fail and cause the fatal accident
- Manufacturers that make dangerous or defective products
- Employers in workplace accidents
- Surgeons, doctors, or hospitals in medical malpractice incidents
- People that commit violent criminal acts
- Local or state government agencies that failed to maintain roads
- Store owners or management that sell dangerous products
- Homeowners or landlords that fail to keep their property safe
While it’s certainly an important part of the process, figuring out liability for your loved one’s fatal accident can be challenging, especially if you weren’t there or involved. That’s where our team can step in, using our experience and resources to investigate and get all the pertinent information you need to file your claim.
How Can You Protect a Wrongful Death Claim?
When dealing with wrongful death claims, the steps you need to take are different from those in a typical accident. This is because many of the usual actions taken to protect a claim don’t apply when the injuries result in death. However, if you’re able to take legal action, you’ll need to make sure to do a few things to protect the claim:
- Report the accident – Call the police and emergency services immediately to respond to the scene. Depending on where it happened, also notify the property owner, store manager, or employer so they can respond as well. If the death comes as a result of a dangerous product, keep receipts or any other information.
- Gather any evidence – Collect details like witness statements and any evidence relevant to the accident. This could be medical records, incident reports, surveillance or security footage.
- File an insurance claim – After reporting the accident to the authorities, tell your insurance company so they can start their process.
- Keep track of losses – Maintain records of all related expenses, such as medical bills and funeral costs, for documentation purposes. This will show what your family has lost because of the accident.
Obviously, these steps may vary depending on the situation, but it’s important to prioritize the person’s health and safety, unless the injuries are immediately fatal. In that case, it’s down to what information you can get and how effectively you can present it. This is another area where our team can help you and your family.
Legal Support For Monterey Wrongful Death Claims
Losing a loved one in an accident is an unimaginable pain. Wrongful deaths strike without warning, leaving families reeling and unsure how to navigate the aftermath. In these trying times, our team of Monterey wrongful death lawyers is here to offer legal guidance and support to help you heal.
You don’t have to face this alone. At Maison Law, we understand the immense difficulty of wrongful death claims. While we can’t bring your loved one back, we can help your family move forward. Contact us today for a free consultation to get the process started.
