Woman Killed in Merced County Pedestrian Accident
A woman was killed, and her husband was injured in a pedestrian accident near Atwater, CA and Castle Air Force Base in Merced County on the night of December 16, 2019. The incident occurred around 9:30 p.m. near the westbound lanes of Santa Fe Avenue at Wallace Road, the California Highway Patrol (CHP) reported. A woman was walking in the area with her husband when they were both struck from behind by an oncoming Nissan that was driven by a 26-year-old resident of Livingston. The husband was transported to the hospital for treatment of injuries described as moderate and non-life threatening. Sadly, his wife was pronounced deceased at the scene by medical personnel. The Merced County Coroner’s Office has identified her as 77-year-old Maria Luna of Winton.
Loss of a Loved One in a Merced County Pedestrian Accident
Losing someone you love is devastating. This is especially true for those families who have lost a loved one in a pedestrian accident caused by the negligence or recklessness of someone else. Frustration, depression, and anger may take root in such situations, causing the grieving process to be unbearable. In times like these, a family may benefit from the assistance of an experienced wrongful death lawyer in Merced. An attorney understands that coping with emotional pain may be a long-term process, and financial hardship may compound the healing process. An attorney will carefully investigate who is at-fault for the incident and what sources of insurance are available to the family to help pay for their damages. This way, the family can focus on recovering from their loss while their attorney obtains the justice and compensation they need and deserve.
Recoverable Damages in a Wrongful Death Claim
Families in California may recover financial compensation from a wrongful death claim for the loss of a loved one in a pedestrian accident. This type of claim is generally covered by the negligent driver’s car insurance company. If the at-fault party has little to no insurance, the family of the decedent may be able to file a claim against their own policy if they have uninsured/underinsured motorist coverage. Compensation in a wrongful death claim is comprised of two types of recoverable losses, economic and non-economic damages. These include:
- Costs of a loved one’s funeral and burial services
- Expenses for end-of-life medical care incurred by the deceased (this is recoverable through a survival action)
- Loss of affection, companionship, love, and moral support
- Loss of parental guidance and training for a child
- Lost financial support and benefits from a primary provider of the family
Who Can File a Wrongful Death Claim?
California law is specific on who has the right to file a wrongful death claim. Generally, the immediate family of the deceased is entitled to wrongful death damages, such as the surviving spouse, domestic partner, or children of the decedent. In some cases, other parties related to the deceased person who received financial support from him or her may also have grounds for a wrongful death action. This may include the parents, stepchildren, putative spouse, or children of the putative spouse. For a brief overview of who is eligible to file for wrongful death, watch the below video. To determine your eligibility for a wrongful death claim, reach out to an experienced Merced wrongful death attorney.
Is There a Statute of Limitations on Wrongful Death Claims?
A claim for wrongful death must be filed within two years from the date of a loved one’s passing. This is by the California Code of Civil Procedure Section 335.1. Conversely, a wrongful death claim involving a government entity for a road defect, such as lack of street lighting and pedestrian crossings, has shorter deadlines for providing notice of a claim. Under California Government Code 911.2, a claim must be submitted within six months or 180 days from the time of a loved one’s wrongful death.
How Can a Lawyer Help Our Family?
A family who has unexpectedly lost a relative, particularly one who was the primary provider of the household, often experience financial hardship after the loss. An experienced Merced wrongful death attorney can help a family in their time of need. An attorney will handle the family’s case on a contingency fee basis, meaning they will not be required to pay any upfront fees. A fee will only be required if the attorney obtains a favorable outcome in the case on the family’s behalf.
Wrongful Death Lawyer in Merced
I’m Ed Smith, a Merced wrongful death lawyer. Nothing is more heartbreaking than losing a loved one unexpectedly because another driver was reckless or negligent. If you have lost someone you love in a pedestrian accident due to the negligence of another, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly advice.
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