Man Killed After Central Lodi Pedestrian Accident
A man was killed after a pedestrian accident in central Lodi on the evening of February 2, 2020. The auto-pedestrian accident occurred shortly after 6:00 p.m. at West Lodi Avenue and South Crescent Avenue. A driver reportedly crashed into a man who was walking in the area. The motorist stayed at the scene to cooperate with the investigation, according to the Lodi Police Department. When emergency personnel arrived on site, they found the injured man unresponsive and lying in the roadway. Paramedics, firefighters, and police performed life-saving measures. Sadly, their efforts were unsuccessful, and the pedestrian was pronounced deceased at the scene. The San Joaquin County Coroner’s Office has identified him as 59-year-old Roy Hernandez of Lodi. A GoFundMe page has been established on behalf of Mr. Hernandez’s family to help cover his final resting expenses.
Loss of a Loved One After a Central Lodi Pedestrian Accident
There is nothing more tragic than losing a close relative in a pedestrian accident. In the blink of an eye, a family’s life can be turned upside down. Survivors may find themselves facing emotional and financial difficulties during this time. While healing from the loss, insurance companies may find ways of disputing the value of a family’s wrongful death case or denying it altogether. This is why it is essential to have an attorney on your side. A lawyer will work to protect your future and ensure insurance companies do not take advantage of your family’s situation.
Recoverable Damages in a Wrongful Death Claim
No amount of money can ever replace the loss of someone we love. However, surviving family members should not have to deal with financial burdens caused by someone else. California law recognizes that it is challenging to put your life together after a loved one’s wrongful death and allows specific relatives to recover these wrongful death damages:
- End of life medical care related to the pedestrian accident may be claimed through a survival action
- Funeral and burial expenses
- Loss of a loved one’s companionship, protection, and care
- Lost earning capacity and household services for the family
- Lost parental guidance, instruction, and training for surviving children
- Mental anguish and emotional distress as a result of the wrongful death pedestrian accident
- Punitive damages may be awarded in some cases to punish the wrongdoer for their disregard of a loved one’s life
For a brief breakdown of wrongful death claims, watch the video below.
Who is Entitled to Wrongful Death Damages?
Under the California Code of Civil Procedure Section 377.60, only the decedent’s spouse, domestic partner, or children can bring a wrongful death claim. When there is no spouse, domestic partner, or children surviving the decedent, it may be possible for other relatives to bring a claim. These include the deceased person’s putative spouse, stepchildren, parents, and children of the putative spouse.
How Long Do You Have to File a Wrongful Death Claim?
As you may expect, your case must be filed within California’s statute of limitations to ensure it is on the right track. This is the amount of time you are allowed to bring a wrongful death case or have it settled in civil court. You have two years from the date of your loved one’s wrongful death to file a claim. If you fail to meet the deadline, you and your family may be barred from obtaining compensation for your losses.
Why Do You Need a Lawyer for a Central Lodi Pedestrian Accident?
After the tragic loss of a loved one, a wrongful death lawyer from Lodi can be a great source of assistance and support for you and your family. As you are grieving, you and your family can feel overwhelmed when dealing with unsympathetic insurance companies who do not consider the full value of your loved one’s life. By handling the legal complexities of your wrongful death claim, your lawyer can relieve you of this stress, allowing you and your family to recover from your loss without financial or legal worry.
Wrongful Death Lawyer in Lodi
I’m Ed Smith, a Lodi wrongful death lawyer. The loss of a close relative in a pedestrian accident is devastating and often results in emotional and financial hardship for surviving family members. If another driver’s negligence caused the death of a loved one, survivors may be eligible to bring a wrongful death case. A wrongful death lawyer from Lodi can help a family navigate this challenging process. If this has happened to you and your family, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my compassionate, free, and friendly advice.
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Our personal injury law firm is dedicated to helping families affected by wrongful death obtain the justice and compensation they need and deserve. To see how we have helped other families, go to our Verdicts and Settlements page.
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