Fatal Car Accident Reported in San Joaquin County
The California Highway Patrol (CHP) Stockton area office reported a fatal car accident in San Joaquin County on the late night of Thursday, March 11, 2021. The incident occurred at approximately 11:00 p.m. on Interstate 5 between French Camp and Lathrop, according to CHP traffic officers.
A vehicle reportedly veered off I-5, struck a roadway sign, crashed through a fence, and collided with a tree. Sadly, five parties in the car succumbed to their injuries at the scene, north of Roth Road and along South Harland Road.
The San Joaquin County Coroner’s Office has recently identified the decedents as 42-year-old Larinda Jones of Tracy, 33-year-old Nathaniel Clifton of Tracy, 29-year-old Gina Jewell, a 7-year-old child, and a 1-year-old child. Ms. Jones and Mr. Clifton were identified as the parents of the two minor children, and Ms. Jewell was identified as a friend of the parents.
Loss of a Loved One
Coming to terms with losing a close relative is challenging, especially if the death was caused by negligence or recklessness. While no amount of money can ever make up for the loss a family has suffered, financial security for the future and the knowledge that the at-fault party has been brought to justice can provide surviving family members the sense of closure they need during this difficult time of their lives.
Here at our personal injury law firm, we have experienced Stockton wrongful death attorneys standing by to listen to your story and provide compassionate, free, and friendly advice on moving forward with a claim for justice and compensation. To learn more about how our legal team can help you and your family, contact us today to schedule a free case evaluation with one of our lawyers.
Who Can File a Wrongful Death Lawsuit for a Fatal Accident in San Joaquin County?
When an individual has lost their life due to negligent or careless actions, it may be considered a wrongful death. Under California law, surviving family members may file a wrongful death lawsuit under such circumstances. However, specific survivors are allowed to bring a lawsuit, as outlined in the California Code of Civil Procedure Section 377.60. These relatives include:
- The surviving spouse of the decedent
- The surviving domestic partner of the deceased
- The surviving children of the decedent
- Any other parties who depended on the deceased person for financial support, such as parents, putative spouse, the putative spouse’s children, and stepchildren
- The personal representative of the decedent’s estate
For additional information on who has the standing to bring a claim for wrongful death in California, watch the video below.
Types of Wrongful Death Compensation
While it may be impossible to undo the pain and damage done in a fatal car accident, California law may provide some solace to surviving family members. In proven wrongful death cases, survivors may be granted various types of financial compensation from the courts. Damages in such cases come in two types: economic and non-economic, including:
- Bills for medical treatment incurred by the deceased person before they passed away
- Costs of funeral and burial services
- Income, benefits, and loss of future financial support survivors have lost as a result of their loved one’s wrongful death
- Loss of guidance, companionship, affection, and love for the family
- Mental anguish and emotional suffering
- The value of household services performed by the decedent
What is the Deadline for Filing a Wrongful Death Suit in California?
There are specific time limits, known as the statute of limitations, on when lawsuits must be filed after a wrongful death car accident. In California, a lawsuit must be filed within two years of the date of a fatal crash. After the time limit has passed and a lawsuit is not filed, surviving family members will lose the right to recover the compensation they deserve.
Since time is of the essence in these cases, it is essential to consult with an experienced attorney immediately. At our law firm, our Stockton personal injury attorneys will ensure your wrongful death case is filed before the two-year statute of limitations passes. We will also make sure the insurance company does not take advantage of you and your family during this difficult time and hold at-fault parties accountable for their negligent actions. Call us today to schedule a free consultation to learn more about how our legal team can help you and your family.
Personal Injury Lawyer in Stockton
I’m Ed Smith, a Stockton personal injury lawyer. The state of California allows surviving family members to bring a wrongful death claim when someone else’s negligence caused the death of a loved one. However, these laws can be challenging to navigate. Survivors will need the assistance of an injury attorney who is experienced in handling wrongful death cases. If you believe you lost a member of your family because of another person’s negligent or reckless actions, please call our law firm today at (209) 227-1931 or (800) 404-5400 for free, friendly advice.
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To learn more about our personal injury law firm and the types of cases we have handled in the past, please visit our Verdicts and Settlements page to view our past case results.
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