Maison Law of Visalia represents families who have lost a loved one in a tragic pedestrian accident on dangerous local roads.
When a careless driver’s mistake is to blame, those left behind should never be burdened with paying for expensive burial costs and finding a way to replace the victim’s weekly income to support the family.
Please contact Maison Law to schedule a free, no-obligation consultation with a real lawyer and find out about every benefit available to your family.
Does My Family Need a Lawyer After Losing Someone in a Pedestrian Accident?
You aren’t required to have a lawyer to file a wrongful death claim. However, an insurance company representing at-fault drivers will have an advantage in experience with California law and settlement negotiation.
Insurers can use this advantage to find ways to make it look like the pedestrian made a reckless decision and caused the accident. They can also use tried-and-true tactics to get families to accept far less than they should after a devastating tragedy.
A lawyer is a protection against false accusations and purposely low settlement offers.
A Visalia Fatal Pedestrian Accident Lawyer provides these benefits and more in a wrongful death case:
- A full investigation into a pedestrian accident and the collection of all evidence
- Legal defense if an insurer tries to change the facts of what happened in a deadly accident
- Filing a wrongful death claim on behalf of the close family members
- Handling all communication with insurance companies, giving families time to grieve in peace
- Powerful negotiation skills to make sure your family receives the most in a settlement agreement
- Securing much more for the family’s future than they could usually win by handling a claim themselves
- Checking over settlement offers to make sure they cover everything the family needs now and in the years ahead
- Rejecting a settlement offer if it doesn’t meet the family’s needs and demanding more
- Filing a lawsuit on behalf of the family if an insurance company refuses to accept complete responsibility for a tragic death
Who Can File a Wrongful Death Claim After a Pedestrian Accident?
California gives the immediate family of the victim priority in a pedestrian accident wrongful death claim. A husband or wife, or the adult children of the victim, would often represent the family when filing a wrongful death claim.
A personal representative of the estate may be named in the victim’s will. If identified, this administrator would file a claim on behalf of the family. A skilled attorney can also represent the family or individuals in the family in a wrongful death case.
Those who would be eligible to receive a share of a wrongful death settlement check would be:
- A spouse or partner
- Children and adopted children of the victim
- The grandchildren of the victim if their parents are no longer living
- In some cases, the parents of the victim or anyone financially dependent on the victim would have the right to participate
How Can My Family Gather Evidence for a Wrongful Death Claim?
Any evidence you can include with a wrongful death claim, or any evidence you can turn over to your family’s attorney, will increase the chances you can hold an insurance company fully responsible.
Gathering these details can help you force an insurer to accept blame and can also help your family settle the loved one’s estate:
- Collision Report. The responding officer at the scene of the accident will prepare a collision report. This is an official estimation of what the officer finds at the scene and who the officer finds at fault. Families may need to request a copy of an accident report from the Visalia Police or the CHP.
- Coroner’s Report and Death Certificate. A Death Certificate will be important to help with the settling of affairs for a loved one that’s passed on. A coroner’s report may be necessary to prove how the victim died. You can find information on obtaining these documents here.
- Receipts. When relatives meet with an attorney for a free consultation, it’s helpful to bring any receipts from medical treatment and ambulance fees. Bills for emergency response fees should also be included. Close relatives should keep invoices for anything pertaining to the accident and death. That can include funeral and burial costs.
- Paystubs. You’ll need to prove how much income and support have been lost since the death of a beloved family member. Bring the victim’s old pay stubs and W-2s to prove what they have provided to a spouse and children in the past. This affects the support families can expect for the years ahead.
- Photos and Surveillance Video. If you have any photos from the scene of the accident or from the hospital (if the victim didn’t die immediately), include them in your claim. Request any surveillance video that may have captured what exactly happened in the pedestrian accident. If you hire a Maison Law attorney for a wrongful death case, you can rest assured that the video will be identified and requested.
- Witness Statements. Turn over any contact information for witnesses to your attorney. Keep any written statements you receive from witnesses.
If your family later decides to trust the case to a Visalia Wrongful Death Lawyer, all of this evidence should be turned over to the lawyer. The lawyer would start a complete investigation into what happened and collect any details the family was unable to obtain.
Mental Health Support for Grieving Families
There’s no way to prepare for the news of a tragic pedestrian accident. Families may immediately have to worry about seeking justice and financial concerns, but they must also be allowed to cope with such an incredible loss.
Financial support for the cost of professional counseling should always be included in any wrongful death settlement. It needs to be available to anyone in the family who struggles to say goodbye.
However, there are also many national groups and local organizations available that can help at any time. These programs are usually free or come at very little cost.
These are just a few of the places mourning family members can reach out to:
- Kaweah Health Hospice Grief Support Services – A program through Kaweah Health has support groups for anyone in need. They feature regular meetings and classes for children dealing with grief, groups for those who have lost a spouse, and help for those dealing with grief through the holidays.
- GriefShare – Bereavement support groups meet at several Visalia churches each month. The churches include Visalia United Methodist Church, Gateway Church of Visalia, and The Life Church Visalia.
Frequently Asked Questions
Families should hold out for full compensation for their funeral bills, any remaining medical bills, and accident response fees. A replacement for the income the victim may have supported the family with each month must be included in a settlement. Families must receive support for the loss of care and guidance they’ll never be able to replace. A settlement check should factor in the key life moments that a loved one can no longer take part in, such as a graduation, a wedding, and the birth of a child.
24 months. Families have up to two years after the date a loved one passed on to take legal action. However, families should take action as soon as possible. Waiting months to begin building a claim can mean evidence is harder to find and witnesses are harder to locate.
Your family doesn’t have to worry about the cost of hiring a lawyer. There’s no upfront charge, and Maison Law doesn’t get paid unless we win your case for your family. Then our fee comes out of the settlement money that the car insurance company must pay your family members.
Contact a Visalia Fatal Pedestrian Accident Lawyer
Families should be focused on remembering a lost loved one. They should not have to worry about financial issues that should be the concern of those at fault.
A wrongful death attorney can seek a fair and just settlement with insurers while providing as little disruption to close family members as possible.
Contact Maison Law for a free and confidential case evaluation for any family in Visalia and anywhere across Tulare County. Our Visalia Fatal Pedestrian Accident Lawyers offer compassionate care to those in mourning to ensure they don’t suffer the financial consequences of someone else’s mistake.
