Maison Law supports the families of fatal car accident victims in Visalia. If a family member was tragically lost in an auto accident, we understand that no amount of money can make up for your untimely loss. However, there are options to alleviate your financial burdens and make the recovery process a little easier. Contact Maison Law today for a free consultation and case evaluation.
Do I Need an Attorney After a Fatal Car Accident?
If you’ve lost a loved one in Visalia, it is advisable to speak to a wrongful death attorney about your options. Fatal car accidents carry heavy costs that insurance companies will be looking to avoid. An experienced accident attorney will hold them liable and keep them from passing the blame back to you. Other benefits of partnering with an attorney include:
- Filing a lawsuit against all at-fault parties
- Gathering evidence through investigators, interrogatories, discovery requests, and depositions
- Protecting you and your family’s rights to fair compensation, even if the car accident was partially your fault
- Negotiating a fair settlement
- Representing you at trial if a settlement cannot be reached
Families may not realize how dangerous Visalia area roads have gotten. Maison Law took at look at the recent statistics behind Visalia fatal accidents.
What Factors Influence a Fatal Car Accident Settlement?
Wrongful death lawsuits tend to be settled out of court. How they settle, however, can be dependent on the following factors:
- The age and earning potential of the victim: the lost income is reached by combining the victim’s life expectancy and their earning potential had it not been for the fatal accident.
- Whether or not the victim was partially responsible: California is a “shared fault” state and the victim can be assigned blame for their death, reducing the amount of compensation.
- Insurance policy limits of the at-fault party: drivers are required to have insurance and most do. However, most car insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives for compensation.
Who Can Be Held Responsible for a Fatal Car Accident?
No wrongful death car accident is the same, but the most common at-fault parties in a fatal car accident include:
- Negligent driver
- The provider of the alcohol to a driver under the age of 21
- A car mechanic shop that made faulty repairs
- The vehicle manufacturer who failed to replace defective parts
- A local, city, state, or regional government allowed for a dangerous road condition to exist
Depending on the circumstance, one or more persons can be held responsible for a wrongful death. Our skilled lawyers at Maison Law investigate wrongful death claims through interrogatories, discovery requests, and depositions to decide exactly how many parties are at fault.
What is the Typical Settlement for a Wrongful Death Claim?
When you lose a loved one, it is difficult to determine what the settlement for a wrongful death claim may be. The value of a wrongful death settlement is largely determined by the following factors:
- Burial and funeral expenses for the decedent
- Potential income earned from the deceased
- Pain and suffering
- Loss of consortium (claim to be filed by spouse or children for loss of love and companionship)
To get a more accurate settlement amount contact one of our experienced wrongful death attorneys at Maison Law.
Frequently Asked Questions
Q: What is California’s one-action rule?
A: The one-action rule says that all eligible family members must participate in the same wrongful death lawsuit, meaning they only get one chance to sue the at-fault party. This prevents each family member from suing the defendant multiple times.
Q: How long does my family have to file a wrongful death claim in a fatal car accident?
A: Two years. In California, you have two years from the day of the death to file a wrongful death claim.
Q: Who can file a wrongful death claim in a fatal car accident?
A: In California, filing a wrongful death is left to the victim’s spouse, then the victim’s children, then the victim’s parents, siblings, and other family members.
Contact a Fatal Car Accident Lawyer in Visalia
We know that no amount of money will heal the pain of losing a loved one, but filing a lawsuit against those responsible for an untimely loss can hopefully bring you some sense of justice and closure. If you’ve lost a loved one due to a reckless driver, the dedicated accident attorneys at Maison Law can help. Contact us today for a free consultation and case evaluation.
