Man Died in Lathrop Pedestrian Accident
A man was killed after a recent pedestrian accident in Lathrop. The fatal incident occurred around 7:45 a.m. in the area of Patriot Way and Lakeside Drive, according to the Lathrop Police Department. The man was attempting to cross Lakeside Drive when he was struck and killed by an oncoming vehicle. Officials have withheld his name due to pending notification of next-of-kin.
Loss of a Family Member After a Lathrop Pedestrian Accident
The loss of a loved one is one of the most challenging things that can happen to a family. The grief associated with a loved one’s death is often traumatic and overwhelming. When that loss is the result of another person’s negligence, surviving family members often experience anger and frustration. Families yearn and rightfully deserve justice for their loved one’s death, and a wrongful death claim can provide just that.
Compensation in a Wrongful Death Claim
In pedestrian accident cases of wrongful death, survivors can seek justice through the form of monetary damages. Surviving family members may recover economic damages for end of life medical bills, funeral and burial expenses, lost future financial support, and the value of household services they would had been provided with if not for the wrongful death pedestrian accident.
They may also claim noneconomic damages such as loss of a loved one’s care, protection, and companionship. Punitive damages may also be available in some wrongful death pedestrian accident cases under specific circumstances, like driving under the influence of alcohol or drugs.
For a brief overview of the wrongful death claims process, watch the video below.
What Factors Can Affect a Settlement for a Lathrop Pedestrian Accident?
A wide array of factors can affect the amount of compensation a family should expect to receive for the wrongful death of their loved one. Most of the losses associated with a loved one’s wrongful death are intangible in nature, making it challenging to calculate. Some of the circumstances that can influence wrongful death damages include the decedent’s age, health, education, long-term earning capacity, and life expectancy. Other factors that may also come into play include the negligent party’s insurance policy limits and comparative fault due to the facts surrounding the case.
Who Can File a Wrongful Death Claim in California?
Directly affected parties, such as the decedent’s spouse, domestic partner, or children, are entitled to wrongful death benefits. This is by the California Code of Civil Procedure Section 377.60. Other affected relatives, like putative spouses, stepchildren, or parents, may also be able to file a claim, depending on specific circumstances. To determine your eligibility for a wrongful death claim, reach out to an experienced wrongful death attorney from Lathrop.
Is There a Statute of Limitations on Wrongful Death?
In the days, weeks, and months following the loss of a close relative, waiting for things to settle down can be a costly mistake. An investigation into the circumstances surrounding the incident requires evidence, which can be lost or destroyed over time, and witnesses may be challenging to locate later on. Furthermore, the statute of limitations in California is two years from the date of a loved one’s wrongful death to file a claim. Failing to meet the deadline can result in the dismissal of the case by the court.
How Can a Lawyer Help Our Family?
Working with a Lathrop wrongful death lawyer can make all the difference. A lawyer can investigate the pedestrian accident thoroughly to determine how it occurred and who’s at fault. An attorney can also protect you and your family when negligent parties try to blame your loved one for their death and handle negotiations with the insurance companies on your behalf. This way, you and your family can focus on recovering from your loss without dealing with the added stress of a wrongful death case.
Personal Injury Lawyer in Lathrop
I’m Ed Smith, a Lathrop personal injury lawyer. When a pedestrian accident results in serious injuries or death, it can be devastating for the injured person or family of a decedent. If you have been injured or lost a loved one after a pedestrian accident in the Lathrop area, please call me at (209) 227-1931 or toll-free at (800) 404-5400. I am here to provide you with my compassionate, free, and friendly advice on what steps must be taken, and how to move forward in your situation.
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I am a member of the National Association of Distinguished Counsel and the Million Dollar Advocates.
To learn more about how our personal injury law firm handles wrongful death pedestrian accidents and other personal injury matters, go to our Verdicts and Settlements.
Picture Source: By “bernswaelz” via Pixabay
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