Pedestrian Hit and Killed by Car in Madera County
The California Highway Patrol (CHP) is investigating after a pedestrian was hit and killed by a car in Madera County on the morning of Thursday, July 23, 2020. The pedestrian accident occurred around 3:30 a.m. on Road 224 in the vicinity of North Fork. The CHP responded to the incident and declared the pedestrian deceased at the scene. Road 224 was shut down as investigators worked to determine the cause of the accidental death. The Madera County Coroner’s Office has identified the decedent as 31-year-old Travis Balthazar of O’Neals. A GoFundMe page has been created on behalf of Mr. Balthazar’s family to help cover his funeral expenses.
Loss of a Loved One
When a person in Madera County suffers serious injuries caused by a negligent driver in a pedestrian accident, that party typically has the legal right to seek compensation from the at-fault party and their insurance company for damages incurred. When the injured party passes away, either a short time later or immediately, due to injuries suffered in the incident, the legal right to financial recovery is not lost. Instead, it becomes an opportunity for surviving family members to bring a wrongful death claim.
Bringing a Wrongful Death Case for a Car vs. Pedestrian Accident in Madera County
Wrongful death laws in California allow for recovery of economic and non-economic damages for various consequences of accidental deaths. These include compensation for intangible harms and financial burdens, such as:
- Costs of medical treatment related to the pedestrian accident injury that caused the wrongful death
- Expenses for a loved one’s funeral and burial services
- Loss of benefits, future financial support, and inheritance to survivors that the decedent once provided
- Lost care, companionship, protection, and services
- Punitive damages may be recovered in wrongful death pedestrian accidents caused by egregious conduct like DUI or excessive speeding. Keep in mind that these are sought directly from the at-fault party and not their insurance company.
For more details on the wrongful death claims process, watch the video below.
Limited Time for Wrongful Death Cases
There are many reasons why it is essential to retain an attorney for a wrongful death case as soon as possible. The two main reasons are the collection of evidence and the statute of limitations or the deadline in which a wrongful death lawsuit must be filed. If a wrongful death settlement is not reached with the other party’s insurance company within two years, a lawsuit must be filed to protect the case from being dismissed by the court. This is by the California Code of Civil Procedure Section 335.1. Evidence is necessary for a wrongful death claim, and without it, it can be challenging to prove the validity and value of the case. Since evidence can be lost or destroyed over time, it is critical to hire an attorney early in the process. A lawyer can act quickly to protect all evidence relevant to your case.
Why is it Important to Work with a Wrongful Death Lawyer?
If a member in your family has suffered an unexpected death in an accident that may have been caused by the negligence or carelessness of someone else, consider speaking to an attorney about your situation. The compassionate and experienced Madera wrongful death attorneys from AutoAccident.com understand the pain and devastation you and your family are experiencing in your time of loss. Our lawyers are well-versed in California’s wrongful death laws. They can assist by conducting an independent investigation, advising your family of your best options for recovery, and advocate on your behalf to help you obtain the justice and financial compensation you all deserve.
Wrongful Death Attorney in Madera
I’m Ed Smith, a Madera wrongful death lawyer. The loss of a loved one is devastating for any family, especially if it was caused by the negligence of someone else. The last thing on a family’s mind during this challenging time is dealing with insurance companies and paperwork. An attorney who has years of experience handling wrongful death cases can help investigate the accident and handle all aspects of your case to provide you peace of mind. To learn more about your options for financial recovery, call (559) 377-7676 or (800) 404-5400 to receive compassionate, free, and friendly advice.
See our client reviews and selection of past personal injury and wrongful death case results at the links below:
I am proud to be listed as a member of the National Association of Distinguished Counsel and the Million Dollar Advocates Forum.
Image Credit: https://pixabay.com/photos/candle-red-rose-candlelight-rose-2288531/
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