Maison Law offers legal representation to families who have tragically lost a loved one in a fatal accident in Oildale and throughout Kern County. If somebody you love has been taken from you prematurely in a fatal collision, it is crucial that you seek the assistance of an Oildale wrongful death lawyer for a free and confidential consultation. Contact Maison Law as soon as possible.
Oildale is home to many intersections and major highways, such as Highway 99, as drivers make their way to Bakersfield and the various sights to see around Kern County. Unfortunately, there are many dangers to motor vehicle drivers, bicyclists, pedestrians, and more when drivers speed or drive distractedly. In 2022, the Transportation Injury Mapping System (TIMS) estimated that 184 people were killed in fatal collisions throughout all of Kern County. As hundreds of victims continue to lose their lives in accidents each year, families question where they can turn for assistance.
Do I Need an Oildale Wrongful Death Lawyer After an Accident?
Though you do not need to choose to work with a lawyer after a fatal accident, you and your family will certainly benefit from having one. Receiving the highest settlement possible from the insurance company is possible with the help of a wrongful death attorney on your side who can advocate on your behalf.
Here are some of the main reasons why you and your family may want to speak with a lawyer after a wrongful death accident:
- The fatal accident was caused partially or fully by another party
- Your family is now missing out on financial support due to your losses
- The accident otherwise impacted your life financially or emotionally
Dealing with the insurance company after a fatal collision can turn into a huge fight to protect your rights. This is why speaking with an attorney who has handled these cases in the past can be incredibly beneficial.
Accidents That Typically Lead to Wrongful Death Claims in Oildale
From the moment that you enter a roadway, there is always a chance that your life could become upended by an accident. A fatality can result from any type of accident and any kind of scenario, which means that drivers should always be watchful of what is happening around them. Here are some of the most common types of accidents that lead to fatalities and prompt wrongful death claims every year:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Medical malpractice
- Slip-and-fall accidents
- Work/construction accidents
- Criminal acts
If there is evidence showing that your loved one’s death was caused by another party’s negligence, you have the right to bring a claim. You will need to show that some of the following aspects were present in your loved one’s accident:
- Someone owed a duty of care
- The duty of care was breached by negligent acts
- The breach in duty was the direct cause of the accident
- The accident caused damages
Who Can File a Wrongful Death Claim in Oildale?
California law states that certain family members or individuals are able to file a wrongful death claim, leaving limitations. Some of the main parties who can successfully bring a wrongful death claim on behalf of a loved one in Oildale include the following:
- Surviving spouse of the deceased
- Children of the deceased
- Parents, siblings, or cousins when no surviving spouses or children are present
- A personal representative who has been appointed to the estate
Seeking financial recovery for a family who benefited from a loved one is an important factor in any case and knowing who can bring a successful claim is of utmost importance after an accident.
Damages Available in an Oildale Wrongful Death Claim
Family members will face overwhelming grief when somebody close to them has lost their lives in a fatal accident. When the initial shock of a fatal accident starts to wear off, families tend to question how they will afford to pay the bills that keep piling up. On top of the medical bills their loved one incurred in the hospital, they might have to worry about funeral costs or income lost due to their loved one not working.
There are several types of damages that could be available to a family after suffering from these fatal losses. These include some of the following:
Medical Bills: Your loved one may have incurred various medical bills before their passing, which you can be reimbursed for in a wrongful death claim.
Loss of Financial Support: When a loved one is no longer bringing in any income or job benefits, a family can miss out on these financial opportunities as well.
Funeral and Burial Expenses: The costs of funerals and burials can easily range in the thousands, leaving a family to wonder how they can reasonably bury a loved one.
Loss of Emotional Support: When a loved one is no longer able to give emotional support to spouses, children, or other loved ones, you can receive noneconomic damages for these losses.
Pain and Suffering: Though pain and suffering losses can be difficult to calculate, they are available in most wrongful death claims.
Frequently Asked Questions
Are there time limits for filing my wrongful death lawsuit in Oildale?
Yes, the time limit that you have for filing your wrongful death claim in Oildale is known as the statute of limitations. In California, the statute of limitations on bringing a wrongful death claim is two years from the date of your loved one’s passing.
How will my wrongful death claim value be determined?
Though every wrongful death claim is different, there are specific factors that are taken into account regarding your claim that can help you and your attorney determine its value. These include the age of the person and their earning capacity when they passed away, the age of the plaintiff and their relationship to the deceased, and the specific wrongful death laws present in California.
What are punitive damages in a wrongful death claim?
Punitive damages are sometimes available in a wrongful death claim if the defendant acted in a reckless or intentionally negligent way that caused the death of your loved one. These damages are awarded to you as a way to punish the wrongdoer for their negligent actions.
Contact an Oildale Wrongful Death Lawyer
Wrongful death claims involving motorists, employers, and many other parties can quickly become complex matters for families. Suddenly, you are facing a loss of income and emotional support due to the loss of your loved one and wondering where you can turn for recovery.
If you or someone you love has sustained fatal losses due to an accident, please do not hesitate to contact a compassionate wrongful death attorney at Maison Law today. With years of experience handling these delicate claims, we will stand by your family’s side and provide you with the necessary resources for recovery. When the insurance company is not interested in giving you a substantial payout for your losses, we will fight to protect your rights. Your consultation is free and confidential and you are not expected to pay any upfront fees.
