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The loss of a loved one due to someone else’s negligence is devastating, and while no amount of money can truly make up for such a loss, a Fresno wrongful death lawyer can provide invaluable support during this difficult time. Our compassionate legal team at Attorney Jeff Car Accident Lawyer is available to talk when you are ready.
We are prepared to hold the at-fault party accountable for their actions. Please, schedule a free consultation or call our Fresno offices at (559) 900-3076 at your convenience to learn how we can assist during this difficult time.
What Is Considered a Wrongful Death?
In California, a wrongful death occurs when another party’s negligence or wrongful acts result in another person’s death. These accidents may include motor vehicle accidents, pedestrian accidents, workplace accidents, medical malpractice, or any event involving another party’s reckless actions
The deceased person’s surviving family members, such as a spouse, domestic partner, children, and other specified family members, can typically file a wrongful death claim in California to seek compensation for the damages incurred as a result of their loved one’s death.
What Is a Wrongful Death Claim?
Wrongful death lawsuits fall under personal injury law and can provide financial support to the surviving family members and help them recover any monetary losses suffered as a result of the death.
The goal of legal proceedings in California wrongful death claims is to recover damages, which is distinct from criminal court cases. However, separate criminal charges may be filed if the responsible party’s illegal actions, such as drinking and driving, resulted in a loved one’s death.
While legal representation is not mandatory to file a wrongful death claim in California, it is highly recommended. The legal process is complex, and insurance companies will resist paying fair compensation in wrongful death cases, as these claims are typically very costly to them.Â
However, working with an experienced Fresno wrongful death attorney significantly improves the chances of reaching an optimal outcome.
What Can Be Compensated in a Wrongful Death Suit?
In Fresno and throughout California, the courts can award financial compensation for economic damages, non-economic damages, and punitive damages in a wrongful death case.
Economic Damages
Economic losses are quantifiable and can be proven with receipts for out-of-pocket expenses or invoices for expected expenditures. Common examples include:
- Burial costs
- Funeral expenses
- Loss of future earnings and benefits that the deceased would have earned
- Medical expenses from emergency care
- Other medical bills leading up to the death
- Property damage
Non-Economic Damages
Non-economic losses are not as easily quantifiable, but still qualify for compensation in a wrongful death claim, as they are just as damaging. Common examples include:
- Loss of companionship
- Loss of consortium
- Loss of enjoyment of life
- Mental anguish
- Pain and suffering
Punitive Damages
This is typically awarded when the responsible party’s behavior is particularly egregious, such as driving under the influence of alcohol.
The goal of awarding punitive damages is to punish the wrongdoer and deter others from engaging in similar conduct in the future.
We at Attorney Jeff Car Accident Lawyer understand that families are entitled to significantly more than what insurance companies offer. This is why our experienced wrongful death attorneys are dedicated to getting our clients compensated for the full range of damages under California law.
Determining a Fair Settlement Amount in a Wrongful Death Case
In addition to economic and non-economic losses, other factors must also be considered when determining a fair settlement for a Fresno wrongful death claim. This includes the following:
- Projected Life Path: An assessment of the life the deceased would have likely lived had he or she survived the accident
- Life Expectancy: Estimation of how long the deceased would have lived if the accident had not occurred
- Lost wages: Determining the amount of income the deceased would have earned throughout his or her expected lifespan, including raises or promotions
Families should not be subjected to the tactics of insurance companies to recover what is rightfully theirs. Allow our wrongful death attorneys in Fresno, CA to help you maximize your claim so that you can focus on healing during this difficult time.
How Is a Wrongful Death Claim Paid Out in California?
According to recent data, approximately 95% of all personal injury lawsuits settle before going to trial. Following a settlement, the party who filed the wrongful death lawsuit can agree to a lump sum payment or smaller payments over time.Â
The best option for you and your family depends on your circumstances. A wrongful death lawyer can advise on how these payments work and which choice may be most beneficial.
Lump Sum Settlement
A lump sum payment is a one-time payment to the decedent’s family. This method is beneficial to cover large, unexpected expenses, like hospital bills or the deceased person’s debts.
However, lump sum settlements may have tax implications. Consult with an attorney to understand the potential tax consequences and determine the best course of action for your specific circumstances.
Structured Annuity Settlement
Another option is a structured settlement, which provides for payment in installments as agreed upon by the parties. These installments can be arranged monthly, annually, or in a custom schedule.Â
Structured settlements can offer benefits like a steady income stream for the family and potential tax advantages. Contact our legal team immediately if you need help making these difficult decisions.
Who Can File for Wrongful Death Lawsuit in Fresno, CA?
When seeking justice for a loved one’s death in a wrongful death case, it’s important to understand the specific rules that determine who can file a claim, as not all family members are eligible. Typically, the individuals who can file a wrongful death lawsuit include:
- Surviving spouse
- Parents
- Surviving children
- Next-of-kin, including extended family members when appointed by the court
- Domestic partner
- Legal guardians
- A personal representative of the estate
After losing a loved one, it is crucial to consult with a knowledgeable wrongful death attorney who can confirm your eligibility to file and guide you through the filing process. Additionally, an attorney’s guidance will help meet the statute of limitations requirements.
How Long Do I Have to File a Wrongful Death Claim?
Under the Code of Civil Procedures (CCP § 335.1), it is stated that the family or eligible parties of the deceased have a maximum of two years from the date of death to initiate a claim against the liable party.
The statute of limitations for filing a wrongful death claim begins on the date of death, which is not necessarily the date the accident took place, as some victims succumb to their injuries at a later date.
To ensure the filing requirements are met, it is always best to consult with a California wrongful death attorney.
Proving Negligence in a California Wrongful Death Case
Wrongful death lawsuits differ from other personal injury claims because they focus on fatal accidents and the damages incurred by surviving family members, rather than the victim. However, proving negligence in both cases requires demonstrating the following elements:
- The defendant owed the victim a duty of care
- The defendant breached that duty of care
- The breach caused a fatal accident
- The victim and the victim’s family suffered damages up to and after the victim’s death
Common Causes of Fresno Wrongful Death Accidents
In California, a wrongful death claim can arise from many types of accidents, including but not limited to:
- Defective Products
- Exposure to Toxic Chemicals
- Medical Malpractice
- Motorcycle, Pedestrian, and/or Bicycle Accidents
- Vehicle and/or Commercial Truck Accidents
- Negligent or Intentional Actions
Fatal Accidents in the Workplace
Workplace accidents are another common cause of fatal accidents. In particular, unsafe working conditions.
Fresno is the largest city in California’s Central Valley, producing 25% of America’s food. This agricultural work is physically demanding and often performed in extremely hot weather conditions.
As a result, heatstroke has unfortunately led to the deaths of hundreds of American workers over the past decade. In fact, California has experienced a higher number of these heat-related workplace deaths than almost any other state.
California established its own occupational heat safety standards, which were later expanded due to a lawsuit filed by the United Farm Workers against the state’s Occupational Safety and Health Administration (OSHA) equivalent.Â
Consequently, employers must take measures to protect their employees from extreme heat by providing water, shade, first aid, and other necessary precautions. If an employer fails to meet these standards and an employee dies as a result, the employer may be subject to a wrongful death claim.
Establishing liability against the negligent party is crucial to recover compensation for the victims’ families. Therefore, identifying the responsible party in a wrongful death claim is crucial to ensuring that families can bring claims against the negligent party within the specified timeframe to prove negligence.
How a Wrongful Death Lawyer in Fresno Will Benefit Your Case
Fresno wrongful death lawyers meticulously examine all evidence from both police and private investigations to prove negligence, identify which party was at fault, and why wrongful death damages are owed to the claimants.Â
The law firm will present the full extent of damages by utilizing all available evidence, including pictures of the accident scene, expert witness testimony, and other telling evidence.
This includes medical bills incurred before your loved one’s death or pain and suffering for the loss. Additionally, wrongful death lawyers in Fresno will demonstrate the profound impact the passing has had on the surviving family.
The goal of the legal team should always be to secure full and fair compensation for their clients and protect their best interests, as insurance companies will often attempt to minimize the value of a claim.
Why Choose Our Fresno Wrongful Death Attorneys?
While financial compensation cannot replace the loss of a loved one, it can offer crucial support to the families of victims.
Our Fresno personal injury law firm has years of experience successfully representing these families, and we can help you. After an accident, Jeff’s got you and offers the following benefits:
- Proven Experience: Our attorneys have a proven track record of securing maximum compensation for Fresno wrongful death cases.
- Local Knowledge: Our attorneys have extensive experience in Fresno’s local courts, insurance practices, and community dynamics, making them well-equipped to handle such cases.
- Personalized Representation: We understand that every case is unique. That’s why we develop customized legal strategies tailored to each client’s specific circumstances.
- No Upfront Fees: We operate on a contingency-fee basis, meaning clients pay nothing unless we win their case.
Attorney Jeff Car Accident Lawyer provides award-winning legal representation to the Fresno community. Schedule a free consultation today to discover how we can maximize your wrongful death case.
Other Personal Injury Cases Our Law Firm Handles
Our Fresno County law offices are in Clovis, Del Rey, Madera County, Selma, Tranquility, Parlier, Kingsburg, Auberry, Orange Cove, and Riverdale. We also offer representation for the following practice areas:
- Bicycle Accidents
- Car Accidents
- Dog Bites
- Motorcycle Accidents
- Pedestrian Accidents
- Personal Injury
- Slip and Fall Accidents
- Truck Accidents
- Uber Accidents
- Lyft Accidents
- Workers’ Compensation
Schedule a Free Consultation with Our Wrongful Death Law Firm
When you’re ready, our Fresno wrongful death lawyers offer a free case evaluation. We’re committed to holding negligent parties accountable and securing the compensation you and your family deserve. Contact our Fresno personal injury attorneys today.
Address:Â
44 P Street, Suite 304
Fresno, CA 93721
Phone Number: (559) 900-3076
Attorney Jeff Car Accident Lawyer’s Other Locations
Our wrongful death lawyers offer complimentary case evaluations at all of our Southern California law offices. You can contact us at any of our locations at your convenience.