Man Killed in Patterson Car Accident
A man was killed in a car accident near Patterson, CA on the night of December 20, 2019. The crash occurred around 7:20 p.m. along the southbound side of Interstate 5 near the offramp for Sperry Avenue. A 2018 Honda Clarity had reportedly slowed for stopped traffic on I-5 when it was rear-ended by a 2016 Jeep Wrangler traveling approximately 70 mph, according to the California Highway Patrol (CHP). The impact propelled both vehicles off the roadway and into the safety cables of the center divider. The Honda was occupied by a 41-year-old man and a 40-year-old woman, both residents of Lodi. The Jeep carried a 22-year-old Valencia man and a 20-year-old Sunland woman. Medical assistance was requested at the scene of the crash to treat those who were injured. Sadly, the man in the Honda was pronounced deceased at the scene by first responders. His identity has been withheld by the Stanislaus County Coroner’s Office until his next-of-kin has been notified.
What to Do After a Fatal Patterson Car Accident
The sudden loss of a loved one in a car accident may have an emotional as well as a financial impact on surviving family members. When the incident was caused by the fault of someone else, the grief and sorrow experienced by the family may be compounded by anger and frustration. Not only do survivors need the time to come to terms with their loss, but they must also consider their options for moving forward in the future. This is where an experienced Modesto wrongful death attorney can help. An attorney can answer any questions a family may have and advise them of what options they may have for recovery.
What Damages Are Available in a Wrongful Death Claim?
A wrongful death claim is generally covered by the insurance company of the at-fault party. However, if the negligent driver carries little to no insurance, the family of the deceased may have recourse through his or her insurance policy. This is only possible if the decedent has uninsured/underinsured motorist protection. Whether the claim is filed against the at-fault party or with the decedent’s UM/UIM policy, survivors are entitled to economic and noneconomic damages, including:
- Costs of end-of-life medical treatment are recoverable through a survival action
- Emotional distress and mental anguish caused by the wrongful death car accident
- Expenses of a loved one’s funeral and burial services
- Loss of a loved one’s care, affection, love, companionship, and moral support
- Loss of future financial support and benefits, including health insurance and pension
- Punitive damages may be sought from a negligent driver for egregious misconduct like excessive speeding or driving while intoxicated
- The cost to replace household services that were provided by the decedent, which may be calculated to an appropriate and fair amount by an economist retained for the wrongful death claim
Who Can Bring a Wrongful Death Claim?
Under the California Code of Civil Procedure Section 377.60, only the immediate family of the deceased is allowed to file for wrongful death. This includes the decedent’s surviving spouse, domestic partner, or children. If such parties are nonexistent, others who were related to the deceased and depended on him or her for at least 50 percent of their financial support may be able to file. This may include surviving stepchildren, parents, putative spouse, and children of the putative spouse. To learn more about who is eligible to recover damages through a wrongful death action, watch the below video.
How Long Do You Have to File for Wrongful Death?
In California, there is a time limit for submitting a wrongful death claim. This period is known as the statute of limitations, which is two years from the date of a loved one’s wrongful death. Once the statutory deadline has passed, the court may no longer have the jurisdiction to hold the negligent driver accountable, and the family may lose the right to recover compensation.
Wrongful Death Lawyer in Modesto
I’m Ed Smith, a Modesto wrongful death lawyer. The wrongful death of a loved one in a car accident may leave surviving family members with more than emotional suffering. Such losses may often result in financial hardship for those left behind. While no amount of money may ever undo the harm that has been done, compensation from a wrongful death claim may help relieve the financial burden related to a loved one’s unexpected death. Seeking the assistance of an experienced attorney is essential in times like these as it can help survivors focus on recovering and grieving from their loss without legal worry. If this has happened to you and your family, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my compassionate, free, and friendly advice.
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I am a member of the Million Dollar Advocates and the National Association of Distinguished Counsel.
As a Modesto wrongful death lawyer, my law office and I have a long history of obtaining fair compensation that helps surviving family members recover from their loss, as well as recognizes the full value of their lost loved one. To see how we have helped other families with their wrongful death cases, go to our Verdicts and Settlements page.
Picture Source: By “Myriams-Fotos” via Pixabay
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