One Killed in Stanislaus County Head-On Collision
At least one person was killed after a head-on collision in Stanislaus County on the afternoon of January 9, 2020. The car wreck occurred around 12:14 p.m. at the intersection of West and East Stanislaus Roads and Highway 33, just northwest of Westley and Grayson. The accident involved three vehicles identified as a sedan, an SUV, and a big rig. According to the California Highway Patrol (CHP), at least one party was pinned in a vehicle, and a coroner was called to the scene of the truck accident. Officials have not yet identified the decedent due to pending notification of family members.
Loss of a Loved One After a Stanislaus County Head-On Collision
Losing someone you love may be overwhelming and devastating. When that death is caused by the negligent act of another party, the confusion, frustration, and grief associated with the loss can be even more challenging to cope with. In situations like these, the family of the deceased may bring a wrongful death action, seeking compensatory damages from the negligent party for their loved one’s wrongful death. While no amount of money can make things right after the loss of a family member, compensation from a wrongful death claim may help a grieving family obtain financial stability and justice after their loss.
What Can Be Recovered in a Wrongful Death Claim?
A wrongful death claim may be filed on behalf of the decedent’s immediate survivors. It is intended to compensate the surviving family for the intangible and financial harms they have endured. This includes:
- Costs of a funeral and burial
- Expenses for the medical care the deceased needed after the crash before they passed away (this is recoverable through a survival action)
- Loss of a loved one’s affection, companionship, and protection
- Lost financial support and benefits like health insurance and pension plans
- Mental anguish and emotional pain suffered by survivors
- Punitive damages may be sought in specific cases involving egregious misconduct as a way of punishing the wrongdoer and to deter similar acts in the future
- The value of household services the decedent would have continued to provide to the family if not for the wrongful death car accident
The wrongful death claims process may be challenging to understand, especially when coping with grief and bereavement. For a brief breakdown of this type of case, watch the video below.
How Long Do You Have to File for Wrongful Death?
There is a specific time limit for which a wrongful death lawsuit must be filed in California. This deadline is known as the statute of limitations, which is two years from the date of a fatal accident. When a government entity is to blame for a loved one’s wrongful death, such as a road defect, a notice of claim must be filed within six months or 180 days from the time of the incident. This is by California Government Code 911.2. If neither of the deadlines mentioned above is met, the case may be dismissed by the court, and the family may lose the right to recover wrongful death damages.
Who Can Bring a Wrongful Death Case in California?
A wrongful death claim in California may be filed on behalf of a decedent’s surviving spouse, domestic partner, or children. If such parties are no longer alive, other relatives of the deceased may be eligible to file for wrongful death benefits. This includes the surviving stepchildren, putative spouse, parents, and children of the putative spouse. If you are unsure whether you are eligible to file for wrongful death, it is best to consult with an experienced wrongful death attorney from Modesto.
Wrongful Death Lawyer in Modesto
I’m Ed Smith, a Modesto wrongful death lawyer. When a loved one is lost unexpectedly, it can be devastating and painful for surviving family members. If the death was caused by the negligence of someone else, the family’s grief could be compounded by anger and frustration. If you have lost a loved one in an auto accident caused by the fault of another driver or entity, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly advice.
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I am a member of the Million Dollar Advocates and the National Association of Distinguished Counsel.
At our law firm, our first priority is helping families of Northern California, including the Modesto area, to obtain the compensation they need and deserve for their personal injury and wrongful death cases. To read a few short summaries of how we have helped others with their cases, go to our Verdicts and Settlements page.
Image Source: By “Elias_S” via Pixabay
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