Maison Law Accident & Injury Lawyers of Modesto is here to stand by your side if you’ve experienced the loss of a loved one due to a wrongful death accident. Regardless of the circumstances, our Modesto personal injury lawyers are prepared to support you and your family throughout the process. Contact us today to talk about your options and how to move forward.

Why Would You Need a Lawyer?

Legally speaking, a wrongful death claim falls under the umbrella of a personal injury. But in very real terms, a wrongful death claim is one of the most challenging to face, simply because it involves losing a loved one in an accident. Not only does it leave you and your family facing tragic circumstances, it raises real questions about what can be done.

Still, there’s no legal requirement in California that says you need a lawyer in these situations. However, given the circumstances, having our team on your side can make the process much smoother. Here’s how we approach these cases:

  • We’ll give you clear legal advice and evaluate your claim.
  • We’ll gather important evidence like medical records and accident reports.
  • We’ll negotiate with insurance companies and other lawyers on your behalf.
  • If needed, we’ll represent you in court.

We provide all of our services on a contingency-fee basis, meaning there’s no upfront cost to work with us. But more than that, we take pride in our ability to ease the burden in an already difficult situation. Still, it’s important to understand how the process works and what you should do.

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How Should You Respond After the Accident?

Unfortunately, any accident carries the risk of being fatal. That said, they’re more likely to happen in certain scenarios, especially:

  • Car accidents
  • Medical malpractice
  • Workplace accidents
  • Nursing home abuse or neglect
  • Defective products
  • Dangerous premises, leading to slips and falls or drownings
  • Criminal acts, like assaults or homicides
  • Construction accidents
  • Bicycle accidents
  • Motorcycle accidents

When it comes to wrongful death claims, the steps that need to be taken differ from a normal accident. This is because many actions typically taken to protect a claim don’t necessarily apply when the injuries are fatal. However, given that you may want to take legal steps, it becomes important to do the following:

  • Report what happened – As soon as possible, call the police and emergency services to respond to the scene. Depending on where it happened, you should also tell the property owner, store manager, or employer so they can also respond.
  • Gather evidence – Gather details such as witness statements and any evidence pertinent to the accident.
  • Tell insurance companies – Following the reporting of the accident to the authorities, inform your insurance company so they can begin their process.
  • Track expenses – Maintain a record of all related expenses, including medical bills and funeral costs, for documentation purposes.

Again, these steps will differ from case to case. However, it’s important to at least make an attempt to protect the person’s health and safety–unless in the unfortunate event that the injuries are immediately fatal. At that point, it’s important to look at the legal process and how it also differs from normal accidents.

How Does the Legal Process Differ in a Wrongful Death Claim?

Losing a loved one in an accident is incredibly difficult for the surviving family members. Beyond the initial shock and grief, there are significant financial and emotional challenges to contend with. Moreover, only certain relatives or individuals can sue for a wrongful death claim if a loved one dies in an accident. Currently, California law holds that the only ones that can actually file a wrongful death claim include:

  • Spouses
  • Domestic partners
  • Children

If none of these are available, others can potentially file a claim, including:

  • Siblings
  • Parents
  • Grandparents
  • Step-parents
  • Legal guardians
  • Representatives of the estate

With that taken care of, the claims process begins to resemble a typical accident claim, meaning the first step is to figure out who is responsible. In a typical wrongful death accident, this means showing:

  • The responsible party had a duty of care to act in a manner that keeps others safe.
  • They breached this duty by either acting improperly or failing to take necessary action.
  • This breach directly resulted in the person’s death.

With liability established, the next step is to evaluate the damages. This differs from case to case, as well, but typically covers things like:

  • Funeral and burial expenses – These are meant to cover the costs relating to the funeral and burial arrangements.
  • Loss of companionship – These damages are for the emotional and psychological impact of losing your loved one, and how it will impact your surviving family.
  • Loss of financial support – These are for any lost income and financial support that your deceased loved one would have provided to the family.
  • Medical expenses – Similar to an injury claim, these include medical bills related to the injury or illness leading to the wrongful death.
  • Pain and suffering – This can cover any physical pain, emotional distress, and mental anguish experienced by surviving family members.
  • Punitive damages – In certain cases where the responsible party’s actions are deemed particularly egregious or reckless, punitive damages could be recovered.

It’s important to note that a wrongful death claim in California is subject to a statute of limitations, similar to any other injury claim. Currently, you have two years from the date of death to file the claim. Missing this deadline could result in your family being unable to obtain these crucial damages as they navigate through the grieving process and attempt to move forward.

What Other Factors Are Considered in a Wrongful Death?

Obviously, the suddenness of a wrongful death can make the situation much more tragic for you or your surviving family members. But there are certain factors that are considered by insurance adjusters or judges when working on these cases, and they’ll impact what you’re ultimately able to recover. Generally, this involves certain information about the deceased, like:

  • How old the person was when they passed away.
  • Whether they had children or others relying on them, how old those children were and what their situation is like.
  • How much money they were making from their job or other sources when they died.
  • How much money they could have made in the future if they had lived longer and continued working.
  • What kind of schooling and job training they had completed.
  • How healthy or sick they were before they died.
  • How much money was spent on medical treatment for their injuries or illness before they died.
  • How much money was spent on their funeral and burial arrangements.
  • Any other financial benefits or support they provided to their family or others, like insurance, pensions, or investments.

It can seem callous to look at financial and other impacts in a wrongful death claim, but the reality is that you and your surviving family members have to be prepared once you face the situation. Nobody wants to lose a loved one in an accident, but sadly, it happens in Modesto. When it does, you can rely on the experience of our legal team to support you.

Experienced and Dedicated Wrongful Death Lawyers in Modesto

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