Fresno Wrongful Death Lawyers

What is a Wrongful Death Claim?

As previously mentioned, when an individual passes away due to the actions of a negligent party, a wrongful death claim may be filed against the responsible party to seek fair compensation for the deceased’s accident injuries and damages.

A wrongful death may be the result of negligence-based incidents such as motorcycle accidents, truck accidents, motor vehicle accidents, pedestrian accidents, and more. If negotiations with the liable party’s insurance company are unsuccessful, the claim may develop into a lawsuit.

The defendant (at-fault party) is held accountable for the damages caused, which may take the form of monetary compensation. This can include compensation for medical bills, funeral costs, loss of companionship, and any other financial losses that occurred due to the wrongful death.

To file a successful wrongful death claim, the aggrieved party must prove that the defendant was negligent. An experienced wrongful death lawyer can help establish that the deceased’s passing may have been prevented if proper care had been taken by the other party.

Who Can File a Wrongful Death Claim in Fresno?

California Code of Civil Procedure 377.60 states that a wrongful death claim may be filed by the following parties:

• Deceased’s surviving spouse
• Deceased’s domestic partner
• Deceased’s surviving children

In the event that a deceased person does not have any heirs, those who would be entitled to the property of the deceased under inheritance laws may be able to file a wrongful death claim. This includes close relatives such as parents or siblings, depending on who is still living at the time of the victim’s passing.

Individuals who are financially dependent on the deceased may also be eligible to file a wrongful death claim, such as:

• Deceased’s “putative spouse” and children
• Deceased’s stepchildren
• Deceased’s parents

Requirements For Filing a Wrongful Death Claim

In order to successfully submit a claim for wrongful death, the claimant must demonstrate that the deceased’s death was brought about by another party’s careless behavior.

To prove that a wrongful death has occurred, the accident claimant must prove the following:

• The defendant acted recklessly or conducted negligent actions
• These negligent actions directly caused the death of a victim
• The surviving family member are legitimate heirs of the victim’s estate
• These surviving family members have suffered a tangible loss due to the death of the victim

Undertaking a wrongful death claim in the midst of grieving can be an overwhelming process. A careful and extensive evaluation may be required to make sure you are able to receive the maximum compensation for your loved one’s injuries and property damage.

Having a Fresno wrongful death lawyer at your side during this process can ensure that you get the justice and recoverable damages you deserve. Having legal representation will also help provide you with peace of mind in this difficult time.

Most Common Accidents that Lead to a Wrongful Death

As stated above, a wrongful death may occur from the actions of a negligent party. Preventable accidents are a common outcome of these negligent actions. Some of the most common accidents that may lead to wrongful death are:

Truck Accidents

The weight and size of trucks can make them particularly hazardous in the event of an accident. According to the National Security Council (NSC), large trucks accounted for 9% of all fatal truck crashes in 2020, causing nearly 5,000 deaths. Occupants of other vehicles accounted for 71% of these deaths.

Pedestrian Accidents

Pedestrians are particularly vulnerable when on the road as they have no form of defense in the case of a collision. Careless driving, speeding, and operating a vehicle while impaired can heighten the chances of an accident involving a pedestrian.

Medical Malpractice

Doctors, nurses, and other healthcare professionals are obligated to provide quality medical care to their patients. If this is not done, it can lead to wrongful death, which is categorized as medical malpractice.

Premises Liability

If a victim’s wrongful death is the result of any dangerous condition or hazard caused by the negligence of a property owner, the property owner may be held accountable for the death. Property owners have the duty of care to ensure that their premises are secure for all who visit.

Defective Products

Faulty items such as auto components, kids’ toys, and inappropriately labeled hazardous materials can present serious risks of harm or even death.

Auto Accidents

Motor vehicle crashes are a major cause of wrongful death. The National Highway Traffic Safety Administration (NHTSA) reports that in 2021 there were approximately 42,915 fatalities as a result of traffic incidents–an increase of 10% compared to the prior year and the highest number recorded over the past 16 years. These accidents are generally caused by careless drivers that neglect their responsibilities while on the road.

Nursing Home Abuse and Neglect

During the pandemic, a substantial amount of fatalities weren’t caused by COVID-19, but due to negligence and lack of care in nursing homes. People in vulnerable conditions, such as elderly individuals, can be at risk of fatal injury from accidents that occur because of careless behavior.

Recoverable Compensation in a Wrongful Death Claim

At Farahi Law Firm, we understand the difficulties families face when a loved one has passed away. Although there is no way to make up for the loss of a loved one, recovering compensation benefits may help the surviving relatives cover any financial losses caused by the wrongful death.

The potential damages one may recover from a wrongful death claim will depend on certain factors of your case. However, some of the most common recoverable economic and non-economic damages include:

• Medical expenses incurred resulting from the deceased’s injuries
• Burial expenses
• Funeral expenses
• Loss of income or anticipated earnings of the deceased
• Loss of inheritance due to the wrongful death
• Loss of benefits resulting from the death of the victim e.g. pension, medical coverage, etc.
• Emotional pain and mental anguish
• Loss of companionship
• Other financial losses incurred due to the wrongful death
• And more

Why Should You Hire a Fresno Wrongful Death Lawyer?

Sometimes, people may believe they can manage a legal claim for compensation without professional help. However, this is not always the most effective approach – wrongful death cases involve a lot of paperwork and can be difficult to handle emotionally and mentally. It’s wise to seek legal representation from an experienced wrongful death attorney who can provide legal advice and assistance.

Our Fresno wrongful death lawyers are here to help. Here are some of the services we will offer in order to help you win your case:

• Successfully file your wrongful death claim within the statute of limitations
• Conduct a thorough investigation and collect pertinent evidence
• Establish liability for your loved one’s untimely death
• Deal with the defendant’s insurance adjuster on your behalf
• Fight aggressively for the maximum settlement amount
• Represent you in a trial if required

Hire Expert Fresno Wrongful Death Lawyers

If your loved one’s wrongful death was the result of the negligent actions of another person, you may be eligible to file a wrongful death claim against the party responsible in order to recover adequate compensation for their injuries and damages.

Our Fresno wrongful death lawyers are committed to helping families of accident victims in recovering from their loss. We will work hard to ensure you recover a reasonable settlement, as well as handle the complex paperwork of your case, providing assistance and support during this difficult time.

At Farahi Law Firm, our dedicated team of personal injury attorneys, doctors, and case managers will work tirelessly to ensure you get the justice your family deserves. We work on a contingency fee basis and offer a No Fee Guarantee policy. This means you won’t need to pay us a single cent unless we win your case.

Do not hesitate to contact us today at (559) 315-1573 for a free case consultation.