Fatal Rollover Crash on I-5 Near Gustine
The California Highway Patrol reported a fatal rollover crash on I-5 in Merced County near the Gustine area on the afternoon of Friday, May 13, 2022. The traffic collision took place on southbound Interstate 5 at the Sullivan Road offramp and Highway 140.
Details on the Fatal Rollover Crash on I-5 Near Gustine
The incident was initially reported by CHP traffic officers as a rollover accident involving serious injury. A preliminary report revealed that traffic was slowed in the area and stopped momentarily for a helicopter to land near the scene. The report also revealed that a coroner was requested at the scene. Details on the number of parties involved and what led up to the rollover collision were not immediately available due to the ongoing investigation.
What is a Wrongful Death Claim and What Should Survivors Expect?
As surviving family members prepare to take legal action in the form of a wrongful death claim, there are many California wrongful death laws that survivors must be aware of. Remember that it is crucial to get started on a case immediately because of strict filing deadlines known as the statute of limitations. Under the California Code of Civil Procedure Section 335.1, a lawsuit must be filed within two years from the date of a close relative’s passing. This must be done if an insurance settlement is not accepted within that period. Failure to file a lawsuit within this time limit may result in the court’s refusal to hear the case and the loss of the right to seek damages.
California law is also specific on which relatives are eligible to bring a wrongful death case forward. Under the California Code of Civil Procedure Section 377.60, the family members of the decedent that have priority for filing include the surviving spouse, domestic partner, or children. There are some circumstances where such relationships are non-existent. When this proves to be the case, the deceased person’s parents, stepchildren, putative spouse, and putative spouse of the decedent may file if they depended on the decedent for financial support.
There are two types of compensatory damages that may be sought in this type of case: economic and non-economic. Economic damages are intended to compensate survivors for financial losses, whereas non-economic damages provide compensation for intangible losses. These may include lost financial support, costs of funeral services, loss of household services, mental anguish, loss of companionship, lost benefits, and more. If the decedent was hospitalized for a period from the time of the car accident up until their passing, surviving family members may bring a survival action to seek reimbursement of medical expenses associated with the final injury sustained in the crash. Given that there is so much involved in these cases, it is a good idea to work with a skilled and compassionate Merced wrongful death attorney. Watch this video for suggestions and tips on how to find the best attorney to represent you and your loved ones.
Importance of Retaining Legal Counsel
Insurance carriers are known for making the recovery process as time-consuming and challenging as possible. After all, insurers are businesses with a focus on maximizing profit margins. What is most unfortunate about this approach is that it may come at the cost of surviving family members just like you who are seeking compensation for their losses after a fatal car accident. The best way to protect your rights and interests as a survivor is to hire an accident attorney immediately. The legal team at AutoAccident.com has decades of combined experience representing families in wrongful death matters. When you turn to us for assistance, we will handle all aspects of your case from start to finish. Learn more by calling today to schedule a free consultation.
Car Accident Lawyer in Merced
I’m Ed Smith, a Merced car accident lawyer. The loss of a close relative is painful and overwhelming enough to deal with. You should not have to go through the process of taking legal action alone. Seek justice on behalf of your loved one by contacting a skilled and compassionate wrongful death lawyer at AutoAccident.com to discuss your case in detail in a free consultation. Schedule a meeting today for free, friendly case advice with a member of our team at (209) 227-1931 or (800) 404-5400.
For additional information about our injury attorneys, including the types of cases we have handled and their outcomes as well as our client reviews, go to these links:
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Photo Credit: Pixabay User “MyriamsFotos”
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