Pedestrian Killed in Central Fresno
A man in a wheelchair was killed after a pedestrian accident near central Fresno on the night of January 30, 2020. The crash occurred around 4:00 p.m. near West Sussex Way and North Marks Avenue. A driver of a Jeep SUV reportedly collided with a man who was crossing the street in a motorized wheelchair, according to the Fresno Police Department. The injured man was transported to Community Regional Medical Center, where he later passed away. Officials have identified the decedent as 90-year-old Leonardo Molina of Fresno.
What to Do After a Loved One is Killed in a Central Fresno Pedestrian Accident
The loss of a close relative is painful and devastating, regardless of how the death happened. However, when the loss is the result of a negligent or careless act, the grieving process may be compounded by anger and frustration. If your family member passed away too soon because of the negligence of someone else, you and your family can seek justice and obtain compensation by filing a lawsuit with a Fresno wrongful death lawyer.
How Does a Wrongful Death Settlement Work?
There are many hidden losses when a loved one is taken away from us in a pedestrian accident. Not only in the form of tangible expenses, but also in the way of emotional hardship on surviving family members. California law recognizes this and provides survivors with the opportunity to recover monetary damages from the party responsible for the wrongful death. These damages in a wrongful death settlement may include, but are not limited to, the following:
- Loss of affection, love, and protection for survivors
- Loss of household services, financial support, and benefits from the decedent
- Lost parental guidance and training for surviving children
- Reasonable costs for a loved one’s funeral and burial services
- Reasonable expenses of medical treatment from the date of injury through the time of a loved one’s wrongful death (this is recoverable through a survival action)
For more details on these types of cases, watch the video below.
Does Insurance Cover Wrongful Death for a Central Fresno Pedestrian Accident?
Taking a walk down the street can be dangerous, especially in high traffic areas with little to no pedestrian crossings. When a pedestrian is hit and killed by a car, the family of the decedent may be able to seek damages from various auto insurance policies. The first being the at-fault driver’s car insurance company. If the negligent party carries little to no insurance coverage, the family may be able to file a claim with their loved one’s insurer if they have uninsured/underinsured motorist coverage. If the decedent did not have car insurance but lived with someone who does, this type of coverage may also extend to the deceased to cover wrongful damages incurred. This is a potential option so long as the decedent was not listed as an excluded member of the family member’s policy.
Who is Entitled to Wrongful Death Benefits?
In California, only specific relatives of the deceased may file a wrongful death claim. Those guidelines may be found in the California Code of Civil Procedure Section 377.60, which states that the surviving spouse, domestic partner, or children of the decedent can file for wrongful death. If such parties are no longer alive, other dependents of the decedent may file a claim. These include the deceased person’s stepchildren, putative spouse, parents, and children of the putative spouse.
How Many Years Do You Have to File a Wrongful Death Suit?
After a wrongful death pedestrian accident, the family has two years from the date of their loved one’s passing to file a claim. However, some cases may reduce that filing deadline, such as those involving a government entity. Under the California Government Code 911.2, survivors have 180 days or six months to file for wrongful death. Since specific filing criteria must be met in these cases, it is best to reach out to an experienced wrongful death lawyer from Fresno for legal assistance.
Pedestrian Accident Lawyer in Fresno
I’m Ed Smith, a Fresno pedestrian accident lawyer. The loss of someone you love is traumatic, even when it is expected. When a loved one passes away suddenly as a result of the negligence of another, it can devastate surviving family members financially and emotionally. If your loved one was killed in a pedestrian accident, please call me at (559) 377-7676 or toll-free at (800) 404-5400 to receive my compassionate, free, and friendly advice on how to move forward in your situation.
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At our personal injury law firm, it is our goal to help families who have been impacted by the wrongful death of a loved one. To see how we have helped others with their wrongful death cases, go to our Verdicts and Settlements page.
Image Source: By “StockSnap” via Pixabay
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