One Killed After Fresno County Car Accident
One person was killed, and four others were injured in a car accident near Caruthers, CA, in Fresno County on the afternoon of January 24, 2020. The collision occurred at approximately 11:40 a.m. in the area of Elm Avenue and Nebraska Avenue, just west of Highway 41. Both cars overturned in the crash and came to a rest on their roofs. Officers from the California Highway Patrol (CHP) said one of the five parties involved in the accident, 39-year-old Hector Cortes of Fresno, was pronounced deceased at the scene. The others were taken to the hospital for treatment. One of the four injured parties was 29-weeks pregnant at the time of the crash. Sadly, she underwent an emergency cesarean section, and her baby later passed away.
Loss of a Loved One After a Fresno Car Accident
The loss of a loved one is never easy, especially if it was caused by the negligent or reckless behavior of someone else. This can be emotionally devastating for the family left behind to pick up the pieces. In situations like these, survivors may be able to seek compensation and justice from those responsible for their loved one’s passing through a wrongful death claim.
Damages in a Wrongful Death Claim
The loss of a family member is devastating under any circumstances. When a loved one’s death is sudden and caused by the negligence of someone else, surviving family members are often left in financial and emotional distress, not knowing how to move forward. An experienced Fresno wrongful death lawyer can help surviving family members by working with economic experts to calculate the full value of a loved one’s life in a wrongful death case, including the following areas of loss:
- Emotional suffering and mental anguish from the wrongful death of a loved one
- Funeral and burial costs
- Loss of care, guidance, protection, and companionship offered by the decedent to the family
- Medical bills that were related to the fatal car accident
- The value of future financial support the decedent would have provided to surviving family members if not for the wrongful death car accident
For a brief summary of wrongful death cases, watch the video below.
Who Has the Right to File for Wrongful Death in California?
Surviving spouses, domestic partners, and children are eligible to file a wrongful death claim, as outlined in the California Code of Civil Procedure Section 377.60. In some cases, other family members may be able to bring a wrongful death action if there is no surviving spouse, registered domestic partner, or child. This includes the decedent’s putative spouse, children of the putative spouse, stepchildren, or parents.
How Long Do You Have to File for Wrongful Death?
The statute of limitations, or deadline for filing a wrongful death lawsuit, is generally two years from the date of a loved one’s passing. This is by the California Code of Civil Procedure Section 335.1. However, the statutory deadline may differ under specific circumstances. For cases involving government negligence, survivors have 180 days or six months from the time of their loss to file a notice of claim with the appropriate government agency. Failure to meet such deadlines may result in the court dismissing the case, and the right to recover compensation being lost.
Car Accident Lawyer in Fresno
I’m Ed Smith, a Fresno car accident lawyer. The loss of a close relative may affect us in many profound ways. The financial, mental, and emotional effects related to a loved one’s death may last for years. California law recognizes the harm that loss can cause to surviving family members. That is why when a loved one is killed in a car accident due to another driver’s negligence, the law allows the family to hold the at-fault party financially accountable for their actions. If you have lost someone you love in an auto accident caused by the fault of another, please call me at (559) 377-7676 or toll-free at (800) 404-5400 to receive my free, friendly advice.
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Visit our Verdicts and Settlements page for a selection of past case summaries and results.
Picture Source: By “StockSnap” via Pixabay
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