Central Fresno Pedestrian Fatality
A pedestrian fatality was reported after a traffic accident in central Fresno on the morning of Thursday, March 19, 2020. The pedestrian accident happened around 4:00 a.m. on West Princeton and North Weber avenues. A man was walking in the area when he was hit and killed by a pickup truck. The Fresno Police Department said that the driver of the pickup remained at the scene and was cooperative with officials. The Fresno County Coroner’s Office has identified the decedent as 32-year-old Anthony Choza of Fresno. A GoFundMe page has been established on behalf of Mr. Choza’s family to help cover his funeral expenses.
What is a Wrongful Death Claim?
In California, if a person passes away from an auto-pedestrian accident, the family can file a wrongful death claim against the at-fault party’s insurance company for damages incurred. If the negligent driver did not have insurance or had state minimum coverage, then a claim may be filed with the decedent’s auto insurance policy. This is possible, so long as they have uninsured/underinsured motorist coverage (UM/UIM). In cases where the deceased did not have insurance but lived with a family member who did, then a claim may be filed against that policy. Some of the areas of loss recoverable through these claims include:
- Any expenses for end of life medical treatment received by the deceased due to the incident (this is recoverable through a survival action)
- Emotional suffering and mental anguish as a result of a loved one’s wrongful death
- Loss of a loved one’s companionship, care, and affection
- Lost future financial support, including the reasonable value of the decedent’s contributions to the family
- The costs of providing a proper funeral and burial for a loved one
- Work-related benefits lost as a result of a loved one’s unexpected passing, like health insurance and pension
Can a Family File a Claim for a Central Fresno Pedestrian Fatality?
A wrongful death lawsuit must be brought by a family member who meets the criteria of the California Code for Civil Procedure Section 377.60. This includes the decedent’s immediate family, such as a surviving spouse, domestic partner, or child. If no immediate relative is alive or exists, then a wrongful death suit may be brought on behalf of surviving putative spouses, stepchildren, or parents. To learn more about who is eligible to file for wrongful death, watch the video below.
Is There a Time Limit to File a Wrongful Death Claim?
Wrongful death claims may often be challenging since they involve strict filing deadlines. Under the California Code of Civil Procedure Section 335.1, a lawsuit must be filed within two years of a loved one’s death. In other cases, the statute of limitations may be reduced to six months or 180 days if the accident involves negligence on the part of a government entity.
How Can an Attorney Help Our Family?
When a close relative’s life is tragically cut short as a result of another person’s negligence, surviving family members are often left behind to pick up the pieces. Survivors need the time to grieve, and the last thing they want to deal with is a wrongful death case. At AutoAccident.com, we understand that no amount of money can ever undo the pain of losing a loved one. However, a wrongful death lawsuit may help a family recover from their financial hardship and prevent future losses from happening. Our Fresno wrongful death lawyers are here to help you and your family through this difficult time and offer you peace of mind for your future.
Personal Injury Lawyers in Fresno
I’m Ed Smith, a Fresno personal injury lawyer. The loss of a loved one after a pedestrian accident is a painful and tragic experience. Your loss may be even more challenging to come to terms with knowing that it could have been prevented. While a wrongful death claim cannot make up for losing your loved one, holding the at-fault party accountable for your loss may help provide you and your family with the compensation and justice you deserve. If you are grieving the loss of someone you love after a pedestrian accident, please call me at (559) 377-7676 or toll-free at (800) 404-5400. I am here to provide you and your family with compassionate, free, and friendly advice.
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If you would like to learn more about how we have helped other families affected by wrongful death, go to our Verdicts and Settlements page.
Picture Credit: By “StockSnap” via Pixabay
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