Maison Law can guide you and your family through the process of filing a wrongful death claim after a fatal accident in Salinas. There’s nothing more difficult than losing someone you care about in an accident. But when it does happen, a wrongful death claim is a way to help everyone move forward. We’ll be there to support you. Set up a free consultation today.
How Our Lawyers Help You With a Wrongful Death Claim
A lot of families don’t know where to turn after losing a loved one in a fatal accident. And even if you know about a potential wrongful death claim, it can feel cold to think about money at a time like this. At the same time, the legal side of things doesn’t wait. Insurance companies are already looking into what happened, and they may be looking for ways to limit what they have to pay.
So while a wrongful death claim might be an option, it makes sense to get clear answers and support from the very start. That’s where our team at Maison Law can step in to help by:
- Taking a close look at how the accident happened
- Tracking down the reports, records, photos, videos, and other information that can help tell the story
- Figuring out who might actually be responsible for your loved one’s death
- Dealing with the insurance company so you don’t have to handle those conversations yourself
- Working through the financial losses your family is dealing with
- Taking care of the paperwork and keeping the claim moving forward
The goal isn’t to turn an already difficult situation into a drawn-out legal ordeal. It’s the opposite. We’re here to make sure you and your family understand your options and have the support you need to start moving forward. But unfortunately, everything starts with the actual accident.
What Leads to Wrongful Death Claims in Salinas
A wrongful death claim is something no family wants to have to deal with. And when you consider that these claims can come out of everyday situations, it only adds to the tragedy. But practically speaking, a wrongful death claim can arise when someone’s negligence causes a fatal accident, including:
- Car accidents
- Pedestrian accidents
- Bicycle accidents
- Motorcycle accidents
- Truck accidents
- Workplace accidents
- Accidents caused by unsafe property conditions
There are other details that factor into one of these claims, but this gives your family a better idea of how they come up. And it also points to something closely related: information.
Information That Helps a Wrongful Death Claim
This can be one of the more difficult parts of a wrongful death claim. You’re still trying to process the loss, and now you’re being asked for information that reminds you of what happened. Sometimes, you might not even know where to look, especially because a lot of the time, you weren’t there or part of the accident itself.
But the truth is, this information helps tell the full story of what happened to your loved one and why the accident happened in the first place. In order to do that, here’s what information can help:
- The death certificate and coroner’s report that lists the official cause of death
- Police reports, workplace reports, and other incident reports that provide a third-person account of the accident
- Hospital and emergency room records confirming injuries and any treatment that happened up to the time of death
- Witness statements from bystanders, coworkers, or anyone else who saw what happened
- Security footage, traffic cameras, dashcams, cellphone videos, and pictures can help illustrate what conditions were like at the time of the accident
- Tax records, receipts, bills, and any other expenses
Obviously, you and the rest of your family probably don’t have all of this together right now. And we don’t expect you to. Part of our job is gathering all this and putting it together to build a claim From there, though, it’s about actually getting into the claims process.
How Does a Wrongful Death Claim Actually Work?
You and your family might think that deciding to actually go through with a wrongful death claim feels cold. And while you don’t want to be in this position at all, once a fatal accident does happen, it brings very real questions and issues.
That’s exactly why there are wrongful death claims in California. But it’s important to understand that it works a bit differently. First, only certain people can actually file it on behalf of the family, usually:
- Surviving spouses, partners, or children
- Other close family members if there are no partners or children
- A person named in a will
Once that shakes out, though, the process starts to look more familiar. Namely, it actually happens the same way a regular injury claim does, where you and your family can either file:
- An insurance claim outside of court (if there’s a policy in place)
- A wrongful death lawsuit
After that, the other main difference comes in—your family’s damages. They can include things like:
- Funeral and burial expenses
- Loss of the financial support your loved one provided
- Loss of benefits or other financial contributions
- Loss of household services
- Loss of companionship, love, guidance, and support
- Medical expenses related to your loved one’s final injuries
Something that can catch families off guard is the deadline. California generally gives you two years from the date of death to file a wrongful death lawsuit, but it can go by quickly when your family is still trying to process what happened. Plus, the longer you wait, the harder it can be to figure out who has to pay for these damages.
Who Pays for Damages in a Wrongful Death Claim?
This is where the legal side of things really comes into focus. A wrongful death claim generally comes down to negligence. In other words, it’s about showing that:
- Someone did something—or failed to do something—that caused the accident that resulted in your loved one’s death.
So like other types of accidents, the details of what actually happened matter a lot. But usually, the responsibility falls on:
- Drivers who were distracted, reckless, or impaired
- Property owners who failed to fix dangerous conditions
- Employers or contractors in workplace accidents
- Companies that made or sold defective vehicles or products
- Government agencies that didn’t fix something dangerous
Figuring this out isn’t always easy, especially in something as serious as a fatal accident. There may be multiple people or companies involved, and insurance companies have teams that handle these types of claims. That doesn’t change your family’s right to explore its options, though, and our team will be with you from the very beginning to help.
Frequently Asked Questions
Do we need criminal charges to file a wrongful death claim?
Not at all. Because a wrongful death claim is a civil claim, it’s separate from a criminal case. Your family doesn’t need criminal charges or a criminal conviction to be able to file one.
Will we end up in court?
Not always. Many wrongful death claims settle without going to court. But it’s still important to be ready in case a settlement can’t be reached.
What if my loved one was partly responsible for the accident?
You can still file a claim. Even in wrongful death cases, comparative negligence still factors in. So that means your family’s potential damages could be reduced by your loved one’s level of fault in the accident.
Get Support From Our Salinas Wrongful Death Lawyers
There’s no easy way through losing someone you love after a fatal accident. What there can be, though, is someone to help you figure out what comes next.
Our Salinas wrongful death lawyers at Maison Law can help your family understand what happened, gather the evidence, deal with the insurance company, and determine whether you may have a claim. We’ll explain your options and handle the legal side of the case while you focus on your family. If you’re ready to talk, set up a free consultation with us, and we’ll talk you through your options.
