Maison Law represents victims of fatal car accidents in Porterville. No one wants to be in any car accident, let alone one that results in fatal injuries. In these situations, the right legal guidance can make all the difference. If you’ve lost a loved one in a Porterville car accident and want to know more about your options, contact us today for a free consultation.
Should You Hire a Lawyer After a Fatal Porterville Car Accident?
In Porterville, you don’t need a lawyer to file a claim after a fatal car accident (or any other accident.) But building a strong case requires crucial evidence and expert guidance. Our experienced team can simplify the process for you or your family.
Throughout our years of service, we’ve helped clients and their families in these claims by:
- Investigating the cause of the accident
- Establishing liability
- Gathering and presenting crucial evidence
- Providing legal guidance and support
- Helping with insurance claims
- Represent interests in lawsuits
When you lose a loved one in a fatal car accident, it can be difficult to know where to turn or what to do. That’s where our team comes in. You can lean on our experience and dedication as you make your way through the claims process.
What’s the Claims Process After a Fatal Car Accident in Porterville?
A typical car accident in Porterville usually means an injury claim in one form or another, whether it be an insurance claim out of court or a lawsuit inside the court system. California law gives you, the injury victim, the right to file a claim against whoever is responsible for the accident to recover “damages.”
However, the process is slightly different when there’s a fatal car accident. Instead of an injury claim, surviving family members (spouses or children) can file what’s known as a “wrongful death” claim against the responsible party. Whether you or your surviving family decides to file an insurance claim or lawsuit, there’s certain damages that are available:
- The money they would have given to their family.
- Costs relating to the loss of their close family bonds.
- Financial support for the emotional distress caused by the loss.
- The guidance and support the deceased would have given to their children
- The salary and benefits they would have received from work.
- The money they would have earned in the future.
- Costs for medical care and the funeral covered by the family.
- Extra damages to punish the wrongdoer and prevent similar actions.
Remember, in California, you have two years from the date of the person’s death to file a wrongful death claim. Missing this deadline could prevent your family from receiving the financial support needed to move forward.
Who Pays For Damages in a Fatal Car Accident Claim in Porterville?
A death in a Porterville car accident is the worst outcome possible. Legally, assigning responsibility is similar to any car accident: it hinges on proving negligence.
For a fatal car accident, you need to show:
- The at-fault driver should have driven safely and not endangered others.
- They did not drive safely.
- Their poor driving caused the accident.
- The accident resulted in the loss of your loved one and other damages.
Determining who is legally responsible depends on the situation but often involves:
- Other drivers in the accident
- Car owners if the driver wasn’t the owner
- Car or parts makers if a defect caused the accident
- Government agencies if poor road conditions contributed
- Employers if the driver was using a company vehicle
In fatal car accidents, the stakes are higher, and the legal process becomes more crucial for your family’s recovery. That’s why you need to know how to respond and get the information and evidence needed for a strong claim.
How Can You Strengthen Your Family’s Claim For Wrongful Death Expenses?
Just because you or another surviving family member has the right to file a wrongful death claim after a fatal car accident isn’t an automatic ticket to damages. Even in these types of accidents, you have to show your losses. This means taking certain steps to gather this important evidence and information:
- Report the accident and get medical care – Call the police right away to report the accident and create an official record. Make sure anyone injured receives prompt medical attention to address health issues and document the injuries, which is needed for linking the accident to any damages.
- Get information at the scene – Collect names, contact details, driver’s license numbers, and insurance information from everyone involved in the accident. Also, gather contact information from any witnesses, as their statements can support your claim.
- Gather visual and other evidence – Take photos of the accident scene, including vehicle damage and road conditions. Keep copies of the police report, medical records, and any other relevant documents, as these are crucial for building a strong case.
- Keep track of expenses – Document all expenses related to the accident, such as medical bills and funeral costs, to establish the financial impact and damages suffered.
- Don’t admit fault – Avoid admitting fault or making statements that could be seen as accepting liability. Let legal professionals determine responsibility.
Following these steps helps create a solid foundation for a wrongful death claim by making sure you have the necessary evidence and documentation that you’ll need. But it’s also important to know what makes a fatal car accident happen in Porterville.
What Causes Fatal Car Accidents in Porterville?
It’s an unfortunate fact that any car accident in Porterville could end up being fatal. There’s a lot that can go wrong in an accident, whether it’s a minor fender bender or head-on collision. That said, there’s a few common ways that fatal car accidents happen in Porterville, usually involving:
- Driving while intoxicated – Alcohol or drugs impair judgment, coordination, and reaction times, making accidents more likely and severe.
- Distracted driving – This includes texting, talking on the phone, or using other devices while driving, which can lead to fatal collisions.
- Speeding – Driving over the speed limit reduces reaction time and increases the severity of accidents.
- Recklessness – Aggressive driving behaviors, such as tailgating, weaving in and out of traffic, or running red lights, can result in fatal crashes.
- Fatigue – Drowsy driving can be as dangerous as drunk driving, leading to slow reaction times and poor decision-making.
- Road conditions – Potholes, poorly marked roads, and inadequate signage can contribute to accidents, especially if drivers are not alert.
- Vehicle defects – Mechanical failures, such as brake or tire malfunctions, can cause accidents if not properly maintained.
- Inexperienced drivers – Less experienced drivers may struggle with complex driving situations, leading to fatal errors.
- Traffic violations – Running red lights, failing to yield, and other traffic violations can result in serious or fatal accidents.
Again, one of these causes could be the reason you or your surviving family members have to face extremely difficult challenges. There are legal steps you can take, but it’s important to move quickly. Our experienced lawyers at Maison Law can guide you through the legal process.
Contact Maison Law After a Fatal Car Accident in Porterville
If you’ve lost a loved one in a fatal car accident in Porterville, you don’t have to handle it alone. At Maison Law, our skilled lawyers are here to help with your claim and provide the support you need. Don’t wait–if you’ve experienced the loss of someone you care about in a fatal car accident and want to know more about what you can do to help, contact us today for a free consultation.
