Fremont Wrongful Death Lawyer
At Maison Law Accident and Injury Lawyers of Fremont, our team of experienced attorneys are here to represent you and your family after your life has been upended by a fatal accident. As you face the grief of losing a loved one, you should not have to worry about how you will afford to pay the many bills that keep piling up for you and your family. Speaking with a knowledgeable and dedicated lawyer can ensure that your rights are being protected as you face the insurance companies and other party’s lawyers. To learn more about how we can help you and for a free consultation, contact us today.
Do I Need a Lawyer After a Fatal Accident?
Handfuls of lives are lost yearly in Fremont due to preventable accidents. Though your need for an attorney solely rests on the circumstances of your claim, their assistance is generally recommended in the case of serious accidents with extensive damages. If you have lost a loved one in a fatal collision, it can be incredibly beneficial to speak with a lawyer who has dealt with wrongful death claims previously. These cases can be complex and involve large settlement figures, which is why having an attorney can help you accurately protect your family’s rights.
An attorney at Maison Law Accident and Injury Lawyers of Fremont will be able to help you with some of the following aspects in your wrongful death claim:
- A comprehensive and thorough investigation into the circumstances leading up to your accident
- Gathering and preserving evidence that can be useful in your claim
- Dealing with the big-name insurance companies through settlement negotiations or trial, if necessary
- Easing the burdens that your family faces after a fatal accident
What Accidents Typically Lead to a Wrongful Death?
Many accidents lead to serious injuries in Fremont every year. In the most severe cases, victims of these accidents even lose their lives. Here are just a few accidents caused by driver’s careless acts that lead to wrongful death lawsuits every year in Fremont:
- Car Accidents: Car accidents are a number one threat to those on Fremont roads. Many careless acts by drivers lead to fatalities each year from distractions and intoxication to speeding and more.
- Truck Accidents: Truck accidents are more likely to lead to fatalities than many other types of accidents due to the sheer size of trucks. Though truck drivers are supposed to drive as safely as possible under California law, these fatal accidents still take place each year.
- Motorcycle, Pedestrian, and Bicycle Accidents: Motorcyclists, pedestrians, and bicyclists all lack protections on our roads. This makes them vulnerable in an accident and much more likely to lose their life.
- Workplace Accidents: Many jobs come with inherent dangers, such as construction and manufacturing jobs. A workplace accident could lead to a loss of life when employers do not keep safety in mind.
- Premises Liability Accidents: Property owners and landlords are supposed to do what it takes to keep a property safe from hazards. A broken staircase or a pool-related issue could easily lead to a loss of life when it is least expected.
- Product Liability Accidents: A product that was not designed or manufactured properly could malfunction and cause injuries to a loved one. Manufacturers and store owners could be liable in these cases.
- Dog Bite Incidents: If a life is lost due to a dog attack, surviving family members can bring a wrongful death claim against a negligent dog owner.
Who Can File a Wrongful Death Claim?
A personal injury claim is a bit different from a wrongful death lawsuit, as any injured party is capable of bringing one against a negligent party. However, when a loved one’s life is lost due to a Fremont accident, only certain parties are able to file a lawsuit in California. When an accident leads to a fatality, the following parties are able to file a claim on behalf of their loved one:
- The deceased’s spouse
- The deceased’s children
- The deceased’s domestic partner
When no spouse, children, or domestic partner are in the picture, a personal representative of the estate or a variety of other family members may be able to file a claim. This takes place through what is known as “intestate succession,” which means that somebody has passed away without a will. In these cases, a parent, siblings, or even cousins may be able to receive damages following the loss of a loved one.
Damages Available in a Wrongful Death Case
You or your surviving family members may be entitled to a wide array of damages following the passing of a loved one. These damages include any of the following:
- Funeral and burial-related expenses
- Medical expenses your loved one incurred before their passing
- Loss of financial support after a loved one’s passing
- Pain and suffering
- Loss of consortium or companionship
- Punitive damages due to egregious or reckless acts by a defendant
It is crucial to keep California’s statute of limitations in mind when filing a wrongful death claim. If you miss this deadline, you may not be able to receive vital damages. In California, the statute of limitations is two years following the date of your loved one’s death until you are barred from filing a claim.
Contact a Fremont Wrongful Death Lawyer
Martin Gasparian of Maison Law Accident and Injury Lawyers of Fremontseeks to assist victims of accidents and defend their rights against the insurance companies in California. If you and your family have dealt with the immense loss of a loved one in an accident, speaking with a Fremont wrongful death lawyer can ensure that your rights are being protected along the way. Contact us at Maison Law Accident and Injury Lawyers of Fremont to schedule your confidential case review that comes at absolutely no cost to you. We are waiting to help your family through this difficult time.