One Killed After Crash Near Sanger in Fresno County
One person was killed, and another was injured after a crash near Sanger in Fresno County, CA, on the night of Wednesday, July 15, 2020. The car accident occurred after 10:00 p.m. outside of Sanger on Highway 180 and Academy Avenue. The California Highway Patrol (CHP) said a Nissan pickup truck was traveling on Highway 180 and reportedly collided at an intersection with a Honda Civic headed northbound on Academy Avenue. The driver of the Nissan was transported to Community Regional Medical Center in Fresno for treatment of unspecified injuries. An update regarding his condition has not yet been released. Sadly, the driver of the Honda was pronounced deceased at the scene. The Fresno County Coroner’s Office has not yet released the identity of the decedent as they are working to notify their family members.
Loss of a Loved One to Wrongful Death
Any death of a close relative is heartbreaking, but it can be particularly challenging to come to terms with when it could have been prevented. In the event that a family member is killed as a result of another driver’s negligence, their passing may be deemed wrongful death under California law. Survivors have the right to file a wrongful death claim on behalf of their loved one against the at-fault party and their insurance company for their loss.
What Types of Damages are Available in a Wrongful Death Case?
When a person has been killed after a car accident that resulted from someone else’s negligence, the family of the decedent has the legal right to seek financial compensation for the loss of their loved one and damages incurred. Although the actual damages survivors have suffered will depend on their relationship to the deceased person and other factors unique to their wrongful death case, they may be entitled to compensation for:
- Benefits, income, and future earnings the decedent would have provided to the family had they survived.
- Bills related to medical treatment of a deceased relative’s final injury from a car accident (these may be recovered through a survival action)
- Costs of a loved one’s funeral and burial services
- Loss of a loved one’s affection, assistance, comfort, companionship, and protection
- Lost parental guidance and training for surviving children
- Punitive damages may be sought from the at-fault party in cases where egregious conduct was the cause of a loved one’s wrongful death, such as excessive speeding or DUI.
The value of a wrongful death case can be challenging to determine. The amount a loved one would have earned over their lifetime would depend on their education, experience, job, and salary. It also depends on their age and health at the time of their passing. For more information on these types of cases, watch the video below.
Who Can File a Wrongful Death Lawsuit After a Loved One Was Killed in a Fresno County Crash?
According to California law, the surviving spouse, domestic partner, or children of the decedent are given priority when it comes to filing a wrongful death lawsuit. If the deceased is not survived by such relatives, other family members may be eligible for recovery of wrongful death damages. These include parents, stepchildren, and putative spouses and their children. Such cases must be filed with the court within California’s two-year statute of limitations. If the deadline is not met, the wrongful death case may be dismissed by the court, and the family may lose the right to recover wrongful death compensation. That is why it is essential to work with an experienced attorney early in the wrongful death claims process. A lawyer who has years of experience handling these cases will ensure all filing criteria and deadlines are met.
Personal Injury Lawyer in Fresno
I’m Ed Smith, a Fresno personal injury lawyer. A motor vehicle collision resulting in the death of a loved one is a devastating, life-changing event for any family to experience. Although no amount of money can undo the pain that has been caused or replace a close relative, a family may still be able to hold the driver financially accountable for their wrongdoing. At our personal injury law firm, we are prepared to do everything in our power to obtain the justice and financial compensation your family needs and deserves. Feel free to call anytime at (559) 377-7676 or (800) 404-5400 to receive my compassionate, free, and friendly advice.
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Image Source: https://pixabay.com/photos/rose-grave-cemetery-death-4372923/
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