Man Killed After Hit and Run in Fresno County
An investigation is underway by authorities after a man was killed in a hit and run accident near Kingsburg in Fresno County, CA, on May 10, 2020. The Kingsburg Police Department (Kingsburg PD) said a man was found lying in the road shortly after midnight at the intersection of 12th Avenue and Clarkson Avenue. Police believe that the man was hit and killed by a vehicle whose driver fled the scene. A description of the suspect car and its motorist has not yet been released by Kingsburg PD. The decedent has been identified by the CHP as 30-year-old Gary Banks of Kingsburg, CA.
Seeking Justice for the Loss of a Loved One
A wrongful death claim may be brought by a surviving family member when a loved one loses their life in a fatal incident, like a pedestrian accident or hit and run. Such cases can help survivors recover economic and noneconomic damages. These include funeral expenses, medical bills related to the death, lost wages and financial support, mental anguish, and loss of a loved one’s protection, care, and companionship. Economist experts may be retained to help calculate the full extent and value of a family’s loss. In some cases, punitive damages may also be sought to punish the at-fault party to deter them from engaging in similar behavior that formed the basis of the wrongful death suit. However, recovering financial compensation through these cases may prove challenging if the driver fled the scene.
Does Insurance Cover Fresno County Hit and Run Fatalities?
In a fatal auto-pedestrian accident case, the family of the decedent may file a wrongful death claim against the driver’s insurance company for damages incurred. However, if the driver fled the scene, this can make the recovery process challenging for survivors. This is especially true if the suspect driver is not located. Under such circumstances, a family may bring a claim with their loved one’s insurance or their own if they have uninsured/underinsured motorist coverage (UM/UIM). The UM portion of the insurance policy will help pay for the losses the family suffered as a result of the hit and run driver’s negligence. While UM cases are handled by the family’s insurance carrier, this does not mean that they are on their side when it comes to fairly compensating them for their loved one’s wrongful death. An experienced Fresno wrongful death lawyer can help families navigate through the uninsured motorist claims process to ensure they are not taken advantage of in their time of grief. For more information about wrongful death claims and how to move forward, watch the video below.
Filing Procedures for a Wrongful Death Claim in California
In California, the decedent’s estate has two years from the date of their loved one’s death to file a wrongful death suit against the at-fault parties. This is by the California Code of Civil Procedure Section 335.1. Spouses, domestic partners, and children are given priority when filing a wrongful death lawsuit, under CCP 377.60. If the decedent left behind no immediate family members, then parents, putative spouses, stepchildren, and children of the putative spouse may file a claim for wrongful death damages.
How a Lawyer Can Help Your Family
The loss of a close relative is never easy, but losing a loved one due to the negligence of another party can be devastating for the family left behind. At AutoAccident.com, our Fresno wrongful death lawyers understand this and will work diligently to hold negligent parties financially accountable for their wrongdoing. We recognize that no amount of compensation from a wrongful death claim can ever make up for the tragic loss of a loved one. However, our personal injury law firm will ensure that a family’s rights and best interests are protected during their time of grief and recovery.
Pedestrian Accident Lawyer in Fresno
I’m Ed Smith, a Fresno pedestrian accident lawyer. If your family was deprived of a loved one’s life as a result of another party or entity’s negligence, contact our Fresno personal injury law firm. Our attorneys can help your family through this challenging time by handling all aspects of your wrongful death claim to ensure you all focus on what matters most, grieving, and recovering from your loved one’s sudden passing. Call us today at (559) 377-7676 or toll-free at (800) 404-5400 for a consultation wherein we can provide you with compassionate, free, and friendly advice on how to move forward in your situation.
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Since 1982, our Fresno personal injury law firm has represented families with wrongful death claims for fatal incidents, including pedestrian accidents and hit and runs. To see how we have helped families through the most challenging experiences of their lives recover the justice and compensation they need and deserve, go to our Verdicts and Settlements page.
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