Victim Identified After Fatal Modesto Hit and Run
Officials have identified the victim of a recent fatal hit and run in Modesto and more information about the suspect car. On the early morning of January 20, 2020, 52-year-old Thomas Butz of Modesto was hit and killed by a vehicle traveling southbound on McHenry Avenue near Kiernan Avenue. The car that struck him is described as a white or silver Toyota Camry with possible front-end damage, according to the California Highway Patrol (CHP). The vehicle was last seen heading south of McHenry Avenue after the pedestrian accident. Anyone with details about the driver or car is encouraged to call the CHP Modesto Area Office at (209) 545-7440.
Loss of a Loved One After a Fatal Modesto Hit and Run
The loss of a close relative is devastating for anyone to experience in life. No grieving family deserves to suffer the additional burden of financial losses in such difficult times, especially when someone else is to blame for the unexpected death. California law recognizes this and allows a family to seek compensation from a negligent party through a wrongful death claim for damages incurred. Although no amount of money can ever replace how much a loved one meant to their family, compensation through a wrongful death case can provide their family with the means they need to protect their future.
Damages in a Wrongful Death Claim
The financial and emotional losses endured by a relative who has lost a loved one can be extensive, particularly if their life was taken away too soon in a hit and run accident. In such cases, a claim may be brought through a decedent’s car insurance policy if they have uninsured motorist coverage, and the suspect driver is not found. If the at-fault party is found and has insufficient insurance coverage, then the decedent’s underinsured motorist coverage of their policy may come into play. If the deceased did not have insurance but lived with someone who did, a claim may be filed through that insurance plan for recovery of the following:
- Costs of a loved one’s medical treatment received after the hit and run accident before they passed away (this is recoverable through a survival action)
- Funeral and burial expenses
- Loss of care, companionship, and love
- Loss of parental training and guidance for a surviving child
- Lost household services, benefits, and inheritance
- The value of future financial support a loved one would have provided to the family if they continued to work if not for the wrongful death pedestrian accident
For more information on these types of cases, watch the video below.
Who Has the Right to File for Wrongful Death?
A surviving spouse, domestic partner, or child has the right to bring a wrongful death claim under the California Code of Civil Procedure Section 377.60. If there is not a spouse, domestic partner, or child surviving, then others may be eligible to bring a claim under California law. This includes the decedent’s parents, putative spouse, stepchildren, or children of the putative spouse. To determine your filing eligibility for a wrongful death case, speak to an experienced wrongful death lawyer from Modesto.
Is There a Statute of Limitations on Wrongful Death?
The deadline for filing a wrongful death action in California is generally two years from the date of a loved one’s death. However, some factors may affect the statute of limitations. For instance, a government entity may also share fault for a pedestrian accident, such as lack of pedestrian crossings and street lighting. Under the California Government Code 911.2, a notice of claim must be brought with the appropriate government agency within six months or 180 days for damages incurred. For more details, reach out to an experienced attorney.
Wrongful Death Lawyer in Modesto
I’m Ed Smith, a Modesto wrongful death lawyer. The loss of a loved one after a hit and run accident may bring confusion, grief, and pain to surviving family members. Such feelings are often compounded when a loved one’s death was the result of another driver’s carelessness or negligence. When this happens, a family may have questions on how this happened and whether or not they should talk to the negligent driver’s insurance company. An experienced wrongful death lawyer from Modesto can help in these situations by evaluating a family’s options for recovery and guiding them through the process of seeking justice and compensation for their loved one’s wrongful death. If you have lost someone you love in a pedestrian accident caused by a negligent driver, please give me a call at (209) 227-1931 or toll-free at (800) 404-5400 to receive my compassionate, free, and friendly advice.
At our personal injury law firm, it is our goal to ensure every family we represent receives the legal experience and compassion they need in their time of loss. To see what others have to say about working with us, go to:
I am a member of the Million Dollar Advocates and the National Association of Distinguished Counsel.
Take a look at a selection of our past case summaries and results listed on our Verdicts and Settlements page.
Picture Source: By “melkhagelslag” via Pixabay
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