What is a Fatal Accident Claim in California?

A fatal accident claim refers to any accident that causes the death of an individual under any circumstances and entitles them to compensation. In California, when the death of a loved one leaves emotional and material losses, the surviving family members have the right to be fully compensated.

At Maison Law, we understand no amount of compensation can replace a loved one or heal the wounds caused by their loss, but our team of wrongful death attorneys is here to ease your financial burdens. Contact Maison Law today to speak to one of our wrongful death attorneys and see what legal options are available to you.

When Do I Need an Attorney for a Fatal Accident Claim in California?

Whether your loved one was accidentally or intentionally killed, it is recommended to seek legal counsel from a wrongful death attorney. An attorney can bring a wrongful death claim against all liable parties responsible for your loved one’s untimely passing. A wrongful death claim can benefit surviving family members, as well as others impacted by the loss, by recovering compensation for funeral costs, loss of financial support, and loss of consortium. A wrongful death attorney can also benefit you in the following scenarios:

• Your loved one was killed by someone else: the details of your loved one’s accident will determine whether your loved one’s wrongful death is a civil or criminal action. A civil action would be considered an accident such as a car crash or work-related accident. A deliberate act such as murder would involve criminal charges being brought against the liable party.
• You are the surviving spouse or family member of the decedent: In California, wrongful death claims are typically filed by a representative of the estate. A wrongful death attorney can file the claim on behalf of the survivors of the deceased.
• The insurance company is neglecting you: It is not uncommon for insurance companies to attempt to lessen your damages. A wrongful death attorney can help you prove the defendant was careless and maximize your compensation. An experienced attorney will be able to show the defendant owed the decedent a “duty of care.” And this duty of care was breached by a direct act from the defendant, which caused your loved one’s death.
• You need financial help: A wrongful death attorney will advocate on your behalf to get you the maximum amount of compensation you are owed. There are numerous losses families suffer due to the untimely loss of a loved one, and there are legal processes to recover all the damages you’ve been forced to suffer.

Fatal Accident Claims in California Against the Government

Before you can sue a public entity for a wrongful death, you must file a claim that meets the California Tort Claims Act (Government Code 810-996.6). There are very few exceptions to not filing the claim first, and it must be filed within 6 months from the date the death occurred. After the claim is filed, the government body has 45 days to respond. If they do not respond within the allotted time, then they have denied your claim, and you will most likely need an attorney to proceed from here.

If your tort claim is approved, you can then file a wrongful death claim against the city, county, or state government agency responsible for your loss. After your wrongful death has been filed with the court system, you will need to prove the following:

1. The property contained hazardous conditions at the time of the accident, or the government employee created a hazardous condition and acted carelessly
2. The dangerous conditions created a foreseeable risk that could have been prevented, or the government employee failed to prevent a foreseeable risk
3. The city, county, or state was in control of the hazard
4. The government body or employee was notified of the hazardous condition and failed to act
5. The hazardous condition or careless act was a main factor in the cause of death

Wrongful death claims against the government can be overwhelming and extremely difficult. It’s easy to want to give up and ignore the legal process after carrying the emotional weight of losing a loved one. That’s why it is important to have an expert wrongful death attorney on your side to manage every legal aspect of your wrongful death claim.

Who Can File a Fatal Accident Claim in California?

California Code of Civil Procedure 377.60 specifies the individuals who may file a fatal accident claim. 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.

Contact a Fatal Accident Lawyer in California

If you’ve lost a loved one due to the careless or intentional acts of another, the fatal accident attorneys at Maison Law are here to give you and your family the attention you need during this difficult time. Contact Maison Law today for a free consultation and case evaluation. Our services are available free of charge and we only get paid once we’ve won your case.