One Killed After Lathrop Pedestrian Accident
One person was killed after a recent pedestrian accident near Lathrop, CA. The incident occurred on Highway 99 and Lathrop Road around 4:53 p.m. The California Highway Patrol (CHP) Stockton office said the crash happened when a car crashed into a pedestrian. Sadly, the pedestrian was pronounced deceased at the scene. Officials have not yet identified the decedent due to pending notification of family members.
Loss of a Loved One
The loss of a close relative is never easy. When a loved one was taken away from you in a fatal pedestrian accident, it can be challenging to know what steps must be taken to protect you and your family. A wrongful death claim may not come to mind during this difficult time. However, it is a critical option to consider after a loved one has been killed in an accident caused by the negligence of someone else.
Compensation in a Lathrop Wrongful Death Pedestrian Accident Case
Specific relatives are entitled to wrongful death benefits under the California Code of Civil Procedure Section 377.60. These generally include a spouse, domestic partner, or child who has survived the decedent. Other family members may be eligible to file for wrongful death, such as surviving parents, putative spouses, children of the putative spouse, and stepchildren. Any of these survivors may file a wrongful death claim after a pedestrian accident for economic and noneconomic damages, such as:
- Costs of medical care received by the decedent for injuries they suffered in the pedestrian accident before they passed away (this is recoverable through a survival action)
- Loss of a loved one’s care, companionship, and moral support
- Loss of future financial support, benefits, and services for the family, including childcare, cleaning, and other household contributions
- Reimbursement for reasonable expenses associated with a loved one’s funeral and burial services
To learn more about wrongful death cases, watch the video below.
What is the Value of a Wrongful Death Claim?
Calculating the value of a wrongful death case may be challenging. Many cases require testimony from economists to estimate the fair amount of lost future financial support and benefits. These are generally based upon a wide array of factors, including the decedent’s age, skills, education, and employment history. The value of such cases may also be affected by economic projections such as inflation. They may also be subject to comparative fault if a driver alleges that a pedestrian is also at fault for the incident. This can affect the value of the case as the compensation surviving family members would have been entitled to would be substantially reduced by the percentage of negligence assigned to their loved one. Working with an experienced Lathrop wrongful death lawyer is essential in these cases. A lawyer can review evidence from the scene of the accident, review police reports for errors, interview witnesses, and work with accident reconstruction experts to determine the exact cause of the fatal accident.
How Much Time Do You Have to File a Wrongful Death Claim?
The amount of time you have to file a claim is known as the statute of limitations. For surviving family members filing a wrongful death claim, the statute of limitations is two years from the time of a loved one’s passing. However, there may be some exceptions to this deadline. If a claim involves a government entity in California for the wrongful death of a loved one, it must be filed within six months or 180 days from the date of loss. The court may dismiss any case that is not filed within the time limit, resulting in the loss of the right to recover wrongful death benefits. This is why it is crucial to have an experienced wrongful death lawyer from Lathrop review your case to determine whether other statutory deadlines apply.
Wrongful Death Lawyer in Lathrop
I’m Ed Smith, a Lathrop wrongful death lawyer. The wrongful death claims process for a pedestrian accident can be challenging in California, and having an experienced lawyer on your side can make all the difference. If you have lost a loved one in an accident, please give me a call at (209) 227-1931 or toll-free at (800) 404-5400 to receive my compassionate, free, and friendly advice on how to handle the claims process in your time of loss.
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If you would like to see how our personal injury law firm has helped families through the wrongful death claims process with obtaining the fair compensation they need and deserve, go to our Verdicts and Settlements page.
Picture Attribution: By “41330” via Pixabay
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