Driver Sought After Fatal Hit and Run in Modesto
A driver is being sought by the Modesto Police Department (Modesto PD) after a recent fatal hit and run accident. The incident occurred around 10:00 p.m. on Standiford Avenue just west of Carver Road. Officials said 56-year-old Juan Ante of Modesto was walking across Standiford Avenue when he was struck and killed by a vehicle traveling westbound. The car was described by authorities as a silver midsize sedan with dark-colored wheels based on surveillance video footage. The suspect driver reportedly did not stop and continued northbound of Shawnee Drive, just west of the pedestrian accident site. Police said the car involved in the hit and run is expected to have significant front-end damage.
Loss of a Loved One to Wrongful Death
If you and your family have experienced the death of a close relative, it is normal to feel confused and overwhelmed, whether it was expected or sudden. However, the loss of a loved one can be undoubtedly challenging to come to terms with when it was caused by the negligence or carelessness of someone else. Families of those who have been killed in fatal pedestrian accidents may be able to file a wrongful death claim to seek justice and compensation for their loss.
What is a Wrongful Death Case and How Can it Help Your Family
A wrongful death claim in California is intended to provide financial compensation to surviving family members, including the decedent’s surviving spouse, domestic partner, or children. If such relatives are nonexistent, others may be eligible to file for wrongful death. This includes the deceased loved one’s parents, stepchildren, putative spouse, or children of the putative spouse. Generally, these types of cases are bought against negligent drivers and their insurance companies after a fatal motor vehicle collision. However, such claims may also be brought against a decedent’s insurance policy if they have uninsured/underinsured motorist coverage if the other party does not have enough insurance or none at all to cover losses incurred. They may also be covered under a relative’s auto insurance plan if the decedent was a member of their household and not excluded from the policy. A decedent’s next-of-kin is entitled to economic and non-economic damages in a wrongful death case, including but not limited to:
- Medical treatment and expenses related to the injury suffered in a pedestrian accident
- Costs of a loved one’s funeral and burial
- Lost future financial support of the decedent’s expected income
- Loss of care, comfort, guidance, and protection that the loved one would have provided to the family if not for the wrongful death pedestrian accident
- Mental anguish and emotional trauma
- Punitive damages may be awarded by a jury in a wrongful death case arising from egregious conduct such as driving under the influence (DUI) or excessive speeding
If you and your family have been affected by a loved one’s wrongful death and would like more information on the claims process, watch the video below.
When Should a Wrongful Death Lawsuit be Filed for a Modesto Fatal Hit and Run?
A family has a limited amount of time to take legal action through a wrongful death case in California. Wrongful death lawsuits must be filed within two years of the date of the fatal accident. This is by the California Code of Civil Procedure Section 335.1. When there is a failure to abide by this critical filing deadline, it is likely the wrongful death case will be dismissed by the court, and there will not be a hearing on the merits of the claim. Do not let this happen to you and your family. Seek the assistance of an experienced Modesto wrongful death lawyer to ensure your rights and future are protected.
Personal Injury Lawyer in Modesto
I’m Ed Smith, a Modesto personal injury lawyer. If you have suffered the loss of a loved one due to the negligence of someone else, our injury attorneys want to hear from you. Since 1982, we have helped families recover from the devastation of losing a close relative caused by another person’s carelessness. We take care of every family we represent and work diligently to protect their future. Call us today at (209) 227-1931 or (800) 404-5400 to learn how we can help you and your family today. We are available anytime to provide you compassionate, free, and friendly advice on your situation and how to move forward with a wrongful death claim.
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At AutoAccident.com, we have helped those injured in motor vehicle accidents and families of decedents with recovering the compensation and justice they deserve under the law. See how we have helped others by visiting our Verdicts and Settlements page.
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