Man Killed After Madera County Pedestrian Accident
A 35-year-old man was killed after a pedestrian accident near Coarsegold, CA, in Madera County on the night of January 13, 2020. The crash occurred shortly before 6:00 p.m. on Highway 41, just north of Yosemite Springs Parkway, according to the California Highway Patrol (CHP). A man was attempting to cross Highway 41 when he was reportedly hit by an oncoming 2005 Toyota driven by a 55-year-old Vallejo man. Sadly, the man was pronounced deceased at the scene by first responders. Officials have withheld his name because his family has not yet been notified.
Loss of a Loved One After a Madera County Pedestrian Accident
There is nothing that may ever prepare us for the loss of someone we love. When it is caused by the fault of someone else, it may be challenging to understand why this happened to our loved one. In such situations, a Madera wrongful death lawyer can help a family hold the negligent party financially accountable for their actions and obtain the recovery they need. While no amount of compensation can replace someone you love, it may help ease the stress and anxiety related to your family’s financial hardship.
What Damages Are Available in a Wrongful Death Claim?
The unexpected death of a close relative may devastate a family both financially and emotionally. When that loss is because of the negligence of another party or entity, the family of the decedent may be entitled to compensatory damages. California law allows specific family members to file a wrongful death claim for compensation of the following:
- Funeral and burial expenses
- Loss of household services that were provided to the family by the decedent
- Loss of inheritance, future financial support, and benefits like pension and health insurance
- Loss of the decedent’s affection, care, guidance, and protection
- Medical bills related to the pedestrian accident that ultimately caused fatal injuries (this is recoverable through a survival action)
- Mental anguish and emotional distress as a result of a loved one’s wrongful death
- Punitive damages may be recovered in wrongful death cases involving egregious misconduct, like driving under the influence (DUI)
Who Has the Right to File for Wrongful Death?
Not every relative is eligible to file a wrongful death action. In California, that right is reserved for the surviving spouse, registered domestic partner, or children of the deceased. If the decedent did not have such survivors, then their putative spouse, children of the putative spouse, parents, or stepchildren may be able to file for wrongful death. Any minor who lived with the deceased for at least 180 days and was dependent on them for financial support may also have the right to recover wrongful death damages. For more details on who is eligible to file a wrongful death claim, watch the video below.
What Are the Wrongful Death Statute of Limitations in California?
The statute of limitations specifies how much time a family has to file a lawsuit for wrongful death. Under the California Code of Civil Procedure Section 335.1, a family has two years from the date of a loved one’s passing to file a wrongful death lawsuit. When a claim is against a government entity for a road defect causing a pedestrian accident, such as lack of street lighting and pedestrian crossings, the time limit is shortened to six months or 180 days from the date of loss. Failing to meet the deadline may result in the case being dismissed by the court, and the family losing the right to obtain a financial recovery. Since the wrongful death claims process may be challenging to navigate after the loss of a loved one, it is best to work with a wrongful death lawyer from Madera. A lawyer understands how devastating death is for a family and will put the full extent of their experience and resources to work in their case. This way, the family can focus on grieving without the stress of dealing with insurance companies and filing deadlines.
Personal Injury Lawyer in Madera
I’m Ed Smith, a Madera personal injury lawyer. If you have lost a loved one after a pedestrian accident and have questions about a wrongful death claim, please call me at (559) 377-7676 or toll-free at (800) 404-5400 to receive my compassionate, free, and friendly advice.
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I am a member of the National Association of Distinguished Counsel and the Million Dollar Advocates.
We have helped families of Madera County obtain the justice and compensation they need and deserve following a loved one’s wrongful death. To see how we have helped others affected by such tragedies, go to our Verdicts and Settlements page.
Photo Credit: By “StockSnap” via Pixabay
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