Pedestrian Struck and Killed at Fair Oaks Boulevard Intersection
A hit-and-run on June 20 caused the death of a pedestrian and is under investigation by authorities. The fatal accident occurred around 9:00 p.m. at the intersection of Fair Oaks Boulevard and El Camino Avenue. The male pedestrian who was killed was hit while walking along Fair Oaks Boulevard in a northbound lane, according to the incident report issued by the California Highway Patrol (CHP). He was declared dead at the accident scene. Police have not released information about the vehicle that struck the pedestrian and fled.
Filing a Wrongful Death Claim
When your family’s loved one has died because of a negligent driver, they may be able to recover compensation by filing a wrongful death claim. Although many families are consumed with grief and their sense of loss, as well as having to make sudden funeral arrangements, it often occurs to them to hold the at-fault party responsible through filing a lawsuit for wrongful death.
A Carmichael injury lawyer can help by gathering the evidence needed to support the claim and calculating the damages that can be recovered. Of course, it will not ease the grief the family feels, but it can punish the wrongdoer, give them a sense of justice and help them move forward.
What Family Members Can File a Wrongful Death Claim?
In California, the members of the immediate family can file a wrongful death claim. This means the spouse or putative spouse and any children in the family can join together to file. The administrator of the deceased’s estate may file also. However, only one lawsuit can be placed, so this should be worked out between the family and the administrator of the estate.
What Can Be Recovered by Filing a Claim for Wrongful Death?
Certain areas are taken into account when a wrongful death claim is filed, such as the age of the deceased. Awarded damages are both economic and non-economic, the first having a set monetary value and the second, which is intangible. However, the following types of damages are commonly awarded:
- The cost of a funeral and burial
- Loss of future earnings of the deceased until the age of retirement
- Loss of pension or medical benefits
- Inheritance lost
- The decedent’s value as a household provider, such as auto care, cleaning, tax preparation and home maintenance
- The spouse’s loss of consortium, companionship and social interaction with the deceased
- The absence of guidance, advice and nurturing from a parent who has passed away
- The grief and suffering endured by the deceased person’s loved ones
Recovering Compensation Using Insurance After a Hit-and-Run
If a family member has an uninsured/underinsured policy in addition to their California auto insurance, it can be used to recover compensation for the death of their loved one. This applies even if the hit-and-run driver cannot be found. By using the policy, it does not affect the rates in the future.
Carmichael Wrongful Death Lawyer
I’m Ed Smith, and I am a Carmichael wrongful death lawyer. If your family would like more information on filing a wrongful death claim, call us for free and friendly advice at (916) 921-6400 or (800) 404-5400. An online message form is available too. We can arrange a consultation either online or in-person to review your case, answer questions and let you know what options there are to recover damages.
Our injury lawyers have helped many people over the years in obtaining fair compensation for their accident injuries. You can see how below:
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