Maison Law represents the families of fatal motorcycle accident victims in Salinas. If you’ve suffered the untimely loss of a loved one in a fatal motorcycle accident due to the recklessness of another, the wrongful death attorneys at Maison Law are here to help. Contact us today to get the financial support you need for you and your family.
Do I Need a Lawyer for a Fatal Motorcycle Accident in Salinas
Seeking legal advice may be the last thing on your mind after the tragic loss of a loved one. However, having a wrongful death attorney can ensure the decedent is not at risk of being partially liable for the accident or under-compensated by the insurance company. Depending on the facts of your case, an attorney can:
- File for subpoenas
- Gather evidence
- Interview eyewitnesses
- Consult with medical practitioners and financial experts on your behalf
These processes take time, and some may even have strict deadlines, which is why it is pertinent to the success of your case to consult with an experienced wrongful death attorney sooner, rather than later. The more time that goes by, the higher the risk for evidence to be altered, destroyed, or become unavailable.
Who Can Receive Compensation in a Fatal Motorcycle Accident in Salinas?
According to the Code of Civil Procedure, section 377.60, the following people can seek compensation for a wrongful death:
- Surviving spouses
- Domestic partners
- Children
- Grandchildren (only if the deceased person’s children have also passed away
- Stepchildren may claim damages if they were at least 50% dependent on the decedent’s financial support
- Anyone entitled to the deceased’s property under intestate succession law
However, if no one in the decedent’s life fits the listed people above, there are additional individuals who qualify for compensation. If a person is dependent on the decedent such as a stepchild, or parent, they are entitled to compensation.
Wrongful Death v. Survival Action Claims
“Wrongful death” and “survival action” are two types of lawsuits that may be filed against someone who intentionally or carelessly caused the death of a loved one. The difference between the two claims is who is allowed to file. A wrongful death claim seeks compensation for the surviving loved ones, which covers funeral expenses, loss of financial earnings, emotional support, and loss of companionship, as well as all other things the decedent would have provided.
Survival action seeks compensation on behalf of the estate for the damages endured due to the untimely passing of the decedent. This claim represents the things the decedent would have filed if not for their death, which includes medical treatment and property damage. Survival action also includes punitive damages if the death was caused by extreme recklessness or malice.
It is also important to note that representatives of the decedent’s estate and family members often overlap. So, it is possible for a family member to file a wrongful death claim and a survival action claim if both are warranted. However, these claims adhere to their requirements and statute of limitations. That’s why it is important to have a reputable wrongful death attorney to ensure every avenue of compensation can be explored on your behalf.
What are the Statute of Limitations for Filing a Wrongful Death Claim?
In California, eligible survivors have two years from the time they lost their loved one to file a wrongful death suit. However, there are exceptions to this statute if you’ve waited more than two years to file. Medical malpractice is an exception, giving eligible survivors three years from the date they discovered their loved one’s death was a result of medical malpractice.
The “discovery rule” is another exception used when the survivors could not have reasonably known their loved one had died. This rule allows a two-year statute to begin from the date the family members became aware of the decedent’s death.
What is the Typical Compensation for a Fatal Motorcycle Accident In Salinas?
While there is no specific amount of compensation for a fatal motorcycle accident, compensatory damages are classified as economic and non-economic damages. Between the two, it is difficult to calculate the exact worth as non-economic damages like pain and loss of consortium are difficult to quantify into a specific dollar amount. However, there is no limit to noneconomic damages in California, so the compensation will largely depend on the severity of these damages.
Contact a Fatal Motorcycle Accident Lawyer in Salinas
If you’ve lost a loved one due to the careless driving of another, the motorcycle accident attorneys at Maison Law are here to give you and your family the attention you need to help you get through this difficult time. We have years of experience in wrongful death cases and liability law to get clients the compensation they need to get their finances back together after the loss of a loved one. Contact Maison Law today for a free consultation and case evaluation.
