Maison Law helps injury victims in Porterville through the legal process. While every accident is unfortunate, some are worse than others in their outcome. By far the worst outcome is an accident with fatal injuries. But there’s still a legal process in place for you or your surviving family members. Our team can help you and your family through this process. Contact us today for a free consultation.
Should You Get a Lawyer For a Wrongful Death Claim?
Losing a loved one in a fatal accident is something nobody wants to face. Yet, in Porterville (as in other places), this is something that can happen. In terms of getting a lawyer, you don’t technically need one to file a wrongful death claim.
However, building a strong case for a wrongful death claim requires crucial evidence and guidance. So, having our experienced team on your side can make it easier on you or the surviving family members. Here’s how we can help in these situations:
- Investigating what caused the accident
- Determining who is responsible
- Collecting important evidence and presenting it
- Giving legal advice and support to the family
- Guiding them through the claims process, whether it’s with insurance or a lawsuit
- Representing them in court
Even though you aren’t required to have a lawyer, losing a loved one in an accident is incredibly hard. That’s why we handle these cases with care and respect while fighting for your family’s rights. It’s difficult, but it’s important to know your options and be prepared.
How Can You Protect and Strengthen a Wrongful Death Claim?
The aftermath of a fatal accident is obviously very different from a normal accident. But, when you want to file a wrongful death claim in Porterville, certain steps still need to be followed due to the fatal outcome. By taking the right actions, you can help strengthen your potential claim:
- Report the accident – Call the Porterville police and ambulance services right away. Also, make sure to tell property owners, store managers, or employers if the accident happened on their property so they can fix any issues. If a defective product caused the death, keep receipts and anything else related to the product, like manuals.
- Gather evidence – Collect witness statements, medical records, incident reports, or any available footage. These can support your claim by showing what led to the death.
- Document expenses and losses – Keep records of expenses like medical bills and funeral costs. These details will help prove the financial impact on your family.
- Be careful with statements – When speaking to authorities or insurance reps, always be careful with what you say. Just stick to the facts and don’t embellish things. The less declarative statements you make, the less others will be able to devalue your potential claim.
These steps can vary based on the situation, but prioritizing the person’s health and safety is key–unless the injuries are immediately fatal. In that case, it’s about gathering as much information as possible and presenting it effectively.
How is a Wrongful Death Claim Filed in Porterville?
The main difference between a fatal accident and a regular car accident in Porterville is that a fatal incident requires filing a “wrongful death” claim. This is pretty similar to an injury claim, with a couple key differences.
First, only certain people can actually file the claim, including spouses, domestic partners, children, or people named in the will. If there’s no will or no surviving spouses or children, other family members like parents or stepchildren can file.
Once it’s figured out who will file the claim, though, it proceeds as normal. Usually, it’s filed either through an insurance claim or lawsuit. Once filed, though, another key difference is the damages that can be recoverd. Rather than centering around injuries and other losses, damages in a wrongful death claim are built around the loss of the loved one and the impact it’s going to have on surviving family members. These can include things like:
- Loss of financial and parental support
- Medical, funeral, and burial expenses
- Loss of companionship
- Emotional distress and suffering for grief
- Loss of future earnings and benefits
Even with a wrongful death claim, there’s still a two-year deadline to actually file the claim. This means you have to act fairly quickly to have a chance at recovering these much-needed damages.
Who’s Responsible for a Wrongful Death Claim in Porterville?
A wrongful death claim is essentially an injury claim, which means determining who’s legally responsible for your family’s damages follows a general process. Understanding liability becomes clearer when you realize these claims can result from various types of accidents.
Legally, it comes down to negligence. The responsible party is usually the person or group that:
- Acted carelessly
- Caused the accident and resulting fatal injuries
But it also comes down to the specifics of the accident itself. So, depending on what actually happened, any of the following could be liable:
- Drivers in car or truck accidents
- Vehicle manufacturers if defective parts caused the accident
- Companies that produce dangerous or faulty products
- Employers in workplace accidents
- Surgeons, doctors, or hospitals where there are medical mistakes or malpractice
- People that commit violent criminal acts
- Local or state agencies failing to maintain safe roads
- Store owners selling dangerous products
- Homeowners or landlords neglecting property safety
Figuring out liability can be difficult, on top of everything else. Then, if you weren’t present during the accident, it adds a whole new layer of difficulty. This is where our team can help by investigating and gathering the crucial information needed to file your wrongful death claim.
How Do Fatal Accidents Happen in Porterville?
The most difficult part of any fatal accident is the loss of your loved one. But, it’s also important to understand that any accident that happens in Porterville could potentially be fatal. With that said, there’s certain reasons that are more likely to cause fatal accidents–centering around negligence and dangerous actions:
- Car and truck accidents caused by speeding, distractions, or driving under the influence
- Workplace accidents, where employers fail to maintain a safe work environment
- Companies that make or market potentially dangerous products without warning customers
- Stores that sell those products
- Property owners that don’t keep their property safe, especially around ponds, pools, or lakes
Accidents vary based on the circumstances, but what’s important to remember is that you or your surviving family members have legal options. Our team can guide you through the process and help you get the financial support you need to move forward.
Frequently Asked Questions
Can I file a wrongful death claim if I’m not a family member?
Generally no. Only surviving spouses, domestic partners, or children can file a wrongful death claim in California. However, if you’re named as the executor of the estate in a will, you can file a claim.
What’s the deadline to file a wrongful death claim?
In Porterville and throughout California, you have two years from the date of death to file a wrongful death claim.
Is an employer liable if the fatal accident happens at work?
Most of the time, yes. Any employer in California is required by law to make sure the work environment is safe and there aren’t any dangerous conditions. When a fatal accident happens in the workplace, the employer will carry some of the liability, but others (like product makers) could also be liable.
Legal Support for Porterville Wrongful Death Claims
Losing a loved one in an accident is heartbreaking, and wrongful deaths happen suddenly, leaving families overwhelmed and unsure of what to do next. Our team of wrongful death lawyers in Porterville is here to provide the legal support you need during this difficult time.
You don’t have to go through this alone. At Maison Law, we understand the challenges of wrongful death claims. While we can’t undo the loss, we can help your family move forward. Contact us today for a free consultation to begin the process.
