Maison Law compassionately represents families who have lost a loved one in a tragic accident.

When someone’s negligence is to blame for the death of a family member, those left behind must receive full support so they are protected financially through such a difficult time.

Please contact us to schedule a free, no-obligation consultation with a real Visalia lawyer and find out about every benefit available to your family.

Should My Family Consult with a Lawyer After Losing Someone in a Fatal Accident?

If a loved one is killed in a tragic accident caused by someone’s mistake, families have the legal right to seek financial restitution. Families can seek justice and support through a wrongful death claim. However, company lawyers and insurance adjusters will try to blame the victim for an accident and minimize the support they have to provide.

A Visalia Wrongful Death Attorney safeguards the family’s rights and fights back against these unfair tactics. A skilled lawyer makes sure families are awarded all benefits available. A personal injury lawyer can help file a wrongful death claim and protect the family from the tactics insurance companies use. A lawyer also handles the frustrating negotiations with insurance companies while allowing as little disruption to a grieving family as possible.

Types of Wrongful Death Claims We Help Families Win

Accidents happen around Visalia and Tulare County every day. Many of them are caused by the negligence of a person or entity. Tragically, some of the most traumatic accidents can lead to fatalities. Under California Law, anyone whose actions contributed to a death can be held accountable and responsible to help the surviving family recover.

The liable party may be a careless driver on Highway 198 who made a devastating mistake. It could be an employer or a landlord. The liable party could be a massive store chain that allowed a customer to get hurt.

Here are a few examples of some other types of accidents that might lead to a wrongful death claim:

Motorcycle accidents
Crashes involving large trucks and 18-wheelers
Bus, train and aviation crashes
Slip-and-falls and trip-and-falls
Bicycle and pedestrian accidents
Construction and industrial accidents
Dangerously defective products
Medical malpractice

Wrongful death cases seek monetary damages as compensation for the loss of a loved one. Although a person who caused the death of somebody else might be charged criminally, wrongful death cases are heard in the civil courts. In fact, a wrongful death case can be heard at the same time as a criminal case spinning off of the same set of facts. They’ll be heard in two different courtrooms though by different judges and juries. The burden of proof in each of the cases is different too. In a criminal case, the prosecution must prove the defendant guilty beyond a reasonable doubt. In a civil wrongful death case, the defendant must be proved guilty by a preponderance of the evidence. What that means is that the facts and evidence presented in the case are more likely true than not true.

WHO CAN FILE A WRONGFUL DEATH CLAIM IN CALIFORNIA?

California’s wrongful death laws are found at the California Code of Civil Procedure section 377.60 et. seq. The applicable statute designates who might be able to bring a wrongful death claim. The following is a general summary of who might be able to bring a wrongful death claim in California, but it’s certainly not exhaustive:

The decedent’s husband or wife. If there is no surviving husband or wife, the decedent’s children or dependent stepchildren. If there are no children or dependent stepchildren, the decedent’s dependent parents can bring the claim.
If none of the above exist, the case might be brought by the decedent’s surviving parents, and then, any siblings of the decedent.

A skilled lawyer can also file a wrongful death claim on behalf of all eligible family members or represent just one family member.

A Maison Law attorney would fully investigate the accident and document the effects the loss of life has had on close relatives. Our representatives would fight to earn the family as much in support as possible while allowing as little disruption to the grieving family as possible.

Seeking Support for the Families After a Fatal Accident

A skilled wrongful death attorney would file a claim that included a large list of hardships the family had been through and would go through in the years ahead.

These are just a few of the factors that determine the amount on a wrongful death settlement check for the family:

Expenses of a funeral service and burial.
The paychecks and work benefits the victim will no longer provide to support family members in the years to come.
Emotional trauma suffered by family members. This can include the loss of the love and guidance victims won’t be able to provide in the years to come.
Loss of consortium. (The loss of intimacy now that a partner is gone)
Cost of grief counseling and other mental health services.

SURVIVAL ACTIONS

Most wrongful death lawsuits contain a second count against the defendant that is known as a survival action. These actions are allowed so long as the decedent survived the fatal occurrence, even if only for moments.

They’re brought pursuant to the California Code of Civil Procedure Section 377.30. As opposed to the wrongful death action that is brought by the decedent’s family members, survival actions are brought by the decedent’s personal administrator for losses suffered by the decedent rather than his or her family. Damages in a survival action might consist of medical expenses, property damage, lost earnings and punitive damages, but they don’t include pain and suffering or any disability or disfigurement.

THE STATUTE OF LIMITATIONS FOR VISALIA WRONGFUL DEATH CASES

Every state sets its own deadline for when a wrongful death or survival action can be filed. For purposes of wrongful death in California, any lawsuit must be filed within two years of the date of death.

These are strict time periods. There are very few exceptions. Failure to make a timely filing is likely to result in an action being dismissed forever.

What Kind of Documents Should I Bring to a Consultation With A Wrongful Death Attorney?

Families may want to go over their case with a skilled attorney in a free consultation before signing off on any settlements extended by an insurance company. The more information the attorney has, the better chance they will be able to help a grieving family determine the right course of action.

Families may need to collect evidence on their own if they don’t hire an attorney. Otherwise, an attorney would be gathering up all the evidence available for the family.

This evidence can help build a strong claim that insurance companies for those at fault can’t dismiss. It can also help those left behind prove that someone has passed on, allowing for the settling of affairs for the deceased.

These are some of the pieces of evidence families can obtain and turn over to an attorney:

Accident Reports and Incident Reports. After a truck accident, families may need to request a copy of an accident report from the Visalia Police or the CHP. If a loved one died on someone’s property or at a business, the owners and operators may have written up an incident report that will serve as evidence for your case.
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.
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 accident. If you hire a Maison Law attorney for the wrongful death case, you can rest assured that video will be requested and collected.
Witness Statements. Turn over any contact information for witnesses to your attorney. Keep any written statements you receive from witnesses.

Seeking Mental Health Support After Losing a Loved One in an Accident

Families are owed support to pay for counseling if they need it. Many individuals end up needing help to cope with a sudden loss of a beloved family member. Professional mental health experts can help victims, but therapy can be expensive.

There are also many options for therapy for those in mourning in Tulare County that are free or come at a very minimal cost.

These are just a few of the options available for those in mourning:

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 – Groups meet at several Visalia churches each month. The churches include Visalia United Methodist Church, Gateway Church of Visalia, and The Life Church Visalia
The Dinner Table – A national resource that connects groups of young adults in mourning. Members from age 21 to 45 can meet with others experiencing grief in person or online.

What Our Clients Say

"I was involved in an accident about 3 years ago and Maison Law and their team helped me every step of the way. It was a long journey and a lot of time and hard work in getting me what I deserved. I couldn't have asked for a better law firm. I highly recommend!"

I got into a fender bender in January and was left dealing with a very unresponsive and terrible insurance adjuster who was basically forcing me to accept only 1k to close my claim prematurely. Thankfully I found Martin and Maison "Law who truly helped ease my mind, took care of my car, rental, treatment and got me an AMAZING settlement in time for Christmas."

"Martin Gasparian and the whole Maison Law team were there for me when I was involved in an accident. They held my hand every step of the way and took care of all my needs. They listened to all my concerns and put my mind at ease and made the whole process pain free. I would definitely refer friends and family to Maison Law.