Maison Law represents the families of fatal truck accident victims in Orange County. If you’ve lost a loved one due to a careless truck driver, the Wrongful Death Attorneys at Maison Law are here to guide you and your family through every step of the legal process.
We understand nothing can replace the loss of a loved one, but we have the legal resources to help you regain financial security and bring some semblance of closure to this unfortunate period of your life. Contact Maison Law today for a free, confidential consultation.
How Maison Law Helps Orange County Families
Most families in Orange County are unaware of their rights after losing a loved one. Insurance companies take advantage of that fact and will convince families they’re only entitled to the bare minimum. But did you know there are several forms of damages that you are entitled to claim after a fatal truck accident in Orange County?
At Maison Law, we hold the insurance companies responsible and protect the right to compensation for families in Orange County. Our firm settles for nothing less than the full extent of your damages after losing a loved one in a fatal truck accident. Our skilled team of Wrongful Death Lawyers will offer you expert legal support from the first consultation to settlement negotiations, and all the way to trial if necessary.
A fair settlement from the insurance company 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
Liability in an Orange County Fatal Truck Accident
Let’s say, for example, a person is leaving the Spectrum in Irvine one night after seeing a movie. They’re pulling out onto Irvine Center Drive to get onto the 405 when a truck without its headlights on plows into the side of the vehicle. The driver in the vehicle is fatally injured and passes away before paramedics arrive. How is liability proven in this case?
In Orange County, the surviving family can bring a wrongful death action in a fatal truck accident if a direct act of carelessness, recklessness, or an intentional wrong act caused their loved one’s death. In a case like this, the plaintiff (the family of the driver) must prove the defendant (the truck driver):
- Had an obligation to act with reasonable care
- Breached their “duty of care”
- As a result, the plaintiff suffered the loss of a loved one
- The reckless act was foreseeable and could have reasonably been avoided
So, while the defendant might try to suggest the family’s loved one should have been more cautious when pulling out onto Irvine Center Drive late at night, the duty of care was already breached by the truck driver who failed to have their headlights on.
It may seem like a straightforward wrongful death case, but defense attorneys can be ruthless and will suggest anything to make the decedent responsible for their own death. For that reason, it is recommended to speak with an experienced Wrongful Death Attorney to protect your family’s right to compensation and your loved one from liability.
Factors that Influence an Orange County Fatal Truck Accident Settlement
Settlement amounts in California vary based on a number of factors, but the main determining factors are the degree of fault by the “at-fault” party and the value of their insurance policy. Truck drivers are typically insured by the company they drive for. So, if the company has a $5 million insurance policy, then you could settle for up to $5 million for the fatal truck accident.
While the insurance policy is important, a fatal truck accident settlement will also be dependent upon:
- 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.
Are Punitive Damages Available in a California Wrongful Death Lawsuit?
In most cases, punitive damages are not available in a wrongful death lawsuit in California, even if the liable party was extremely reckless. The only exception to claiming punitive damages in a wrongful death claim would be if the death was a result of a felony homicide. The liable party in this situation, however, must be convicted of the offense before a wrongful death claim can be filed.
Punitive damages can be claimed by filing a survival action claim. 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.
Who Can File a Wrongful Death Lawsuit in California?
California Code of Civil Procedure 377.60 specifies the individuals who may file a wrongful death lawsuit. Those parties include:
- The deceased person’s spouse or domestic partner
- Children of the deceased, including stepchildren
- Parents of the deceased
- Dependent minors living in the deceased person’s household
- The deceased’s personal representative
- People who would be entitled to the property of the decedent if they did not create a will
If the deceased had no surviving children, parents, or spouse, then those close to the deceased may qualify to file a wrongful death claim.
How Much Time Do I Have to File a Wrongful Death Lawsuit in an Orange County Fatal Truck Accident?
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.
Contact an Orange County Fatal Truck Accident Lawyer
Families in Orange County deserve to have a place they can turn to for help when the unthinkable happens. If you’ve lost a loved one due to a careless truck driver, the Wrongful Death Attorneys at Maison Law are ready to give you and your family the care and attention you need to take legal action against the party responsible for your loss. We have years of experience in wrongful death cases and are passionate about achieving successful outcomes for Orange County families. Contact Maison Law today for a free consultation and case evaluation.
