Pedestrian Accident Fatality in Southwest Fresno
The Fresno Police Department (Fresno PD) reported a fatality after a pedestrian accident in southwest Fresno on the evening of Thursday, January 21, 2021. The fatal incident occurred at approximately 6:30 p.m. on Cedar Avenue between Helm Avenue and Floradora Avenue.
Officials said a pedestrian was attempting to cross Cedar Avenue when he was struck by an oncoming vehicle. The car headed southbound on Cedar Avenue and reportedly took off after the Fresno pedestrian accident. The pedestrian, a 53-year-old man, was transported to the hospital after the hit and run accident. Sadly, he succumbed to his injuries during hospitalization. Authorities have withheld his name due to pending notification of family members.
Loss of a Loved One in a Southwest Fresno Pedestrian Accident Fatality
It is never easy to lose someone you love in a fatal accident. When the loss occurred because of the negligent or reckless actions of another, it can be even more challenging to accept and come to terms with. In such situations, California law may consider these losses as wrongful death.
Wrongful death happens when an individual’s life is taken away because of someone else’s negligence or wrongdoing. This is a type of civil matter that allows surviving family members the opportunity to hold the at-fault party or entity financially accountable for their loss, including economic and non-economic damages.
Types of Damages in a Wrongful Death Claim for Surviving Family Members
Survivors may be eligible to recover financial compensation for three types of damages through a wrongful death claim. Once it has been proven that the other party’s negligence led to a loved one’s demise, surviving family members may seek damages for the following:
- End-of-life medical care and funeral expenses
- Lost income, future financial support, inheritance, and benefits
- Mental anguish and emotional distress
- Loss of companionship, guidance, and care
- Punitive damages if the at-fault party acted egregiously in a fatal pedestrian accident (e.g., excessive speeding or DUI)
When a pedestrian accident was caused by a hit and run driver, survivors need to understand that there may be recourse available in their situation if the at-fault party is not located. Uninsured motorist coverage (UM) can come into play and cover wrongful death damages incurred. To determine whether your insurance policy may cover your loved one’s wrongful death, reach out to an experienced Fresno personal injury lawyer today. For details on how to find the best attorney to handle your wrongful death pedestrian accident case, watch the video below.
Is There a Statute of Limitations on Wrongful Death Actions in California?
It is essential to remember a statute of limitations that come into play in a wrongful death claim. If you wait too long to file a lawsuit for a loved one’s wrongful death in civil court, the case may run the risk of being dismissed, and you may lose the right to obtain justice and fair compensation for your loss.
In California, there is a two-year statute of limitations on wrongful death lawsuits. However, there are some exceptions to this rule, which a Fresno wrongful death lawyer can explain to you and your family. Remember that the longer you wait to bring a case, the more challenging it will be to prove insurance companies and defense counsel. As time goes on, witnesses disappear, memories fade, and critical evidence may be lost forever. All this can make your wrongful death action more challenging to prove.
Why is it Important to Bring a Wrongful Death Case?
A wrongful death claim is not an attempt at placing a dollar figure on the life of a loved one, as this can never be done. However, wrongful death actions are successful because they ensure that at-fault parties are held financially accountable for the harm they have caused. It also provides surviving family members with the means they need to move on with a more secure future.
When bringing a wrongful death suit, proving duty of care, breach of duty of care, causation, and calculation of damages is necessary. However, there are many ways in which negligence can be proven, and losses can be calculated. Since liability can be disputed by difficult insurance carriers and defense attorneys, and wrongful death damages can be awarded in many areas, it is essential to consult with a Fresno personal injury attorney experienced in handling cases like yours. An injury lawyer will examine all aspects of your case and determine a fair wrongful death settlement for your claim. Failure to evaluate all aspects of a wrongful death case may risk the justice and compensation surviving family members need to move on with their lives.
Personal Injury Lawyer in Fresno
I’m Ed Smith, a Fresno personal injury lawyer. The loss of a loved one in a fatal pedestrian accident often leaves surviving family members overwhelmed and emotionally vulnerable. Let our legal team handle all aspects of your wrongful death case and seek the justice that your close relative rightfully deserves while you and your family focus on grieving and recovering. Call us anytime at (559) 377-7676 or (800) 404-5400 to schedule a free consultation. We are available anytime to review your case and provide compassionate, free, and friendly advice on moving forward in your situation with a wrongful death action.
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Our law firm represents families throughout California, including Fresno County. To see how we have helped families affected by situations like yours, visit our Verdicts and Settlements page to view a list of our past wrongful death case results.
Picture Source: https://pixabay.com/photos/love-gold-rose-cemetery-grave-dead-4814488/
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