Maison Law helps families of fatal accidents in California. It’s an incredibly difficult situation, but we can answer any questions you or your surviving family members have about the legal process. One of the main questions usually involves how much compensation is available in a wrongful death claim. Our team can guide your family through the process. Contact us today for a free consultation.
How Much Compensation is Available in a Wrongful Death Claim?
It’s almost unthinkable to face losing a loved one in an accident–or your family having to face losing you in an accident. Yet, the costs that come from such an accident are very real. That’s the main purpose of California’s legal protections around “wrongful death” claims. It allows you or your surviving family members to take action to recover some of these costs.
In simple terms, a wrongful death claim is a type of injury claim made when someone dies due to an accident. It differs from regular accident claims because only specific people, like spouses, children, parents, heirs, or estate representatives, can file it.
After that’s sorted out, though, the actual claims process is similar to other accident claims. It starts with either filing an insurance claim or going to court. However, the compensation that’s available in one of these claims is also different and typically includes things like:
- Funeral costs – This covers all expenses related to the funeral, burial, or cremation, including cemetery fees and related costs.
- Loss of financial support – This helps your family replace the income that you would have earned if you were still alive.
- Loss of companionship – This relates to costs for the emotional and social support your deceased loved one provided, such as love, guidance, and friendship.
- Emotional pain and suffering – This relates to costs for the grief and emotional distress your family goes through after the accident.
Despite the clear hardship of a fatal accident, the claim still has to be filed within two years of the death. If this deadline is missed, you can’t file the claim or recover any compensation.
What Else Impacts Compensation in Fatal Accidents?
One thing that can impact the amount of financial support that’s available after a fatal accident is how the accident happens. Unfortunately, any accident carries the risk of being fatal. However, when negligence is involved, it makes accidents worse. In general, though, fatal accidents usually involve the following:
- Car and truck accidents – These are often caused by risky behaviors like speeding, texting or other distractions while driving, or driving under the influence of drugs or alcohol. When drivers aren’t paying attention or are impaired, they put everyone on the road at risk.
- Workplace accidents – Employers are responsible for keeping their employees safe, but accidents happen when they fail to maintain proper safety standards. This can include not providing the right equipment, failing to train workers properly, or ignoring hazardous conditions.
- Defective products – Sometimes, companies sell products that are unsafe, either because they were poorly designed or made, or because the company didn’t warn customers about potential dangers. These dangerous products can cause serious injuries or even death.
- Unsafe property conditions – Property owners must keep their premises safe, especially if there are potential hazards like ponds, pools, or lakes. When they don’t maintain the property or post warning signs, accidents like drownings can happen.
While each fatal accident has its own circumstances, it’s important to know that you or your surviving family members have legal options. Our team can guide you through the legal process and help get the compensation your family needs to heal and move forward.
How Maison Law Can Help You in a Wrongful Death Claim
It’s worth repeating that losing a loved one in a fatal accident is an unimaginable situation. While you don’t have to hire a lawyer to file a wrongful death claim, having legal help can make a huge difference in how successful your claim is. Here’s why having our experienced legal team at Maison Law on your side is beneficial, especially in this situation:
- Investigating the accident – We help find out exactly what happened and what led to the fatal accident.
- Determining responsibility – We figure out who’s to blame, whether it’s a driver, employer, property owner, or someone else.
- Collecting and presenting evidence – We gather all the important proof needed to build a strong case, taking care of the hard work for you.
- Providing legal advice and support – We guide you through each step, helping you understand your options and make the best decisions.
- Going through the claims process – Whether it’s dealing with insurance or filing a lawsuit, we manage all the paperwork and details so you don’t have to.
What really separates fatal accidents from others is the emotional toll. This makes the legal process–and everything else–much harder. Our team is here to manage the legal aspects so you can focus on healing, knowing we are standing up for your family’s rights. Contact us today for a free consultation.
