Man Killed in Ceres Head-On Collision
A man was killed, and a woman was injured in a head-on collision between Keyes and Ceres, CA on the morning of December 22, 2019. The car accident occurred around 7:20 a.m. on Faith Home Road near Service Road. A Honda and a Chevrolet collided head-on in the area, according to the California Highway Patrol (CHP). The Chevrolet driver suffered minor injuries, while the Honda driver was transported to the hospital for treatment of unspecified injuries. Sadly, the driver of the Honda was later pronounced deceased during hospitalization. Officials have identified the decedent as 50-year-old Greg McAbee of Ceres. A GoFundMe page has been established by the family of Mr. McAbee to help cover his funeral expenses.
Loss of a Loved One in a Ceres Head-On Collision
When a loved one passes away under any circumstances, the family he or she leaves behind may be naturally consumed with grief and sorrow. As surviving family members grieve, they may struggle to come to terms with their loss. Any death is devastating, but when the sudden loss is caused by the negligent or reckless actions of someone else, survivors may yearn for justice on their loved one’s behalf. The negligent party should be held financially responsible, and California’s wrongful death laws can ensure they are.
Damages Recoverable in a California Wrongful Death Claim
California law recognizes that the loss of a loved one may be devastating, both emotionally and financially, to surviving family members. This is why the law provides a way to protect specific relatives of the decedent by awarding various types of damages, including:
- Economic Damages: Special damages, or economic damages, are intended to compensate the family for specific out-of-pocket expenses and monetary losses. Examples of economic damages under California law include end-of-life medical treatment (recoverable through a survival action), funeral and burial bills, loss of future financial support and benefits, and costs of replaced household services.
- Noneconomic Damages: A family may recover general damages, or noneconomic damages, for intangible losses caused by their loved one’s wrongful death. This may include loss of the decedent’s affection, care, love, and moral support. Survivors may also seek noneconomic damages for mental anguish and emotional distress related to the wrongful death of a loved one.
- Punitive Damages: When a wrongful death car accident is caused by egregious misconduct like drunk driving or excessive speeding, the family of the deceased may seek punitive damages from the person responsible for their loved one’s death. This type of damage is intended to punish the at-fault driver for extreme recklessness and to deter similar behavior in the future, both from the negligent party and others.
Who Has the Right to File for Wrongful Death?
Under the California Code of Civil Procedure Section 377.60, the list of beneficiaries who may bring a wrongful death claim are as follows:
- The surviving spouse, domestic partner, or children of the decedent
- The surviving parents, stepchildren, putative spouse, or children of the putative spouse, only if there are no surviving spouse, domestic partner, or children
- Any surviving minor who lived with the deceased for at least 180 days before his or her death and was financially dependent on him or her for at least 50 percent of their income
For a brief overview of who is entitled to damages in a wrongful death case, watch the below video.
What is the Statute of Limitations on Wrongful Death in California?
In California, a wrongful death claim must be filed within two years from the day of a loved one’s death. This is by the California Code of Civil Procedure Section 335.1. However, there is a different deadline for filing a wrongful death action against a government agency. Such claims must be filed against the government entity within 180 days or six months from the date the death occurred. Since navigating California’s wrongful death laws may be challenging, it is best to seek experienced legal representation from a wrongful death lawyer in Ceres. An experienced attorney will ensure all filing requirements and deadlines are met to ensure you and your family are fairly compensated for your loved one’s wrongful death.
Car Accident Lawyer in Ceres
I’m Ed Smith, a Ceres car accident lawyer. An unexpected death may overwhelm surviving family members with emotional and financial hardship. When the loss is caused by the negligence of another in a car accident, an experienced attorney can help the family through this challenging time by providing the compassion, sympathy, and legal representation they need. If this has happened to you and your family, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly advice.
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Our law office has served families of Northern California, including Ceres, since 1982. Before contacting us, we encourage you to look at a selection of our past case results listed on our Verdicts and Settlements page. This will give you an idea of how we have helped other families obtain the compensation and justice they need and deserve.
Photo Source: By “webandi” via Pixabay
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