Grandmother Killed in Stockton Hit and Run Accident
A Stockton grandmother was killed in a hit-and-run accident while walking to church on the night of December 12, 2019. The incident occurred around 7:00 p.m. on Benjamin Holt Drive near Leesburg Place and Pershing Avenue in Stockton. An elderly woman was on her way to the Presentation Catholic Church to attend a mass in memory of her late mother’s birthday. She was attempting to cross West Benjamin Holt Drive when the driver of a pickup truck crashed into her and reportedly fled the scene without rendering aid. Sadly, she passed away at the scene. San Joaquin County Coroner’s Office officials have identified the decedent as 71-year-old Trinidad Avalos Cornelio of Stockton.
Loved One Forever Remembered
Trinidad Cornelio was a beloved member of her family. She is remembered by those who knew and loved her as a caring wife, mother, grandmother, and great-grandmother. Cornelio’s family is seeking justice and is asking anyone who has information or witnessed the fatal hit and run to please come forward. There is a $10,000 reward by Stockton Crime Stoppers for information leading to the arrest of the driver responsible for their loved one’s death.
What to Do After a Fatal Stockton Hit and Run Accident
Losing someone you love in a hit-and-run accident is devastating. There is a wide array of emotions related to the sudden and unexpected death of your loved one, and no one can blame you for how you feel. It is not uncommon to wonder how your loved one’s medical expenses, funeral bills, and loss of income will be covered when the negligent driver is not yet located. This is where the assistance of an experienced wrongful death attorney in Stockton can prove invaluable. An attorney can look at video surveillance in the area of the hit-and-run to identify the suspect’s vehicle, as well as hiring private investigators to track down the at-fault party. Once the suspect driver has been identified, a wrongful death claim may be filed against them and their insurance company. In cases involving drivers with little to no insurance, your attorney will be able to identify other sources of recovery for you and your family.
How Are Wrongful Death Settlements Paid Out?
In a wrongful death pedestrian accident, the family of the decedent is generally compensated for their damages by the at-fault party’s insurer. If the driver does not have enough insurance or carries none, survivors may be able to seek recourse through their loved one’s car insurance policy. This is only possible if they have uninsured/underinsured motorist coverage, which may also be used in the case of a hit-and-run accident. Conversely, if the deceased did not have car insurance at their death but lived with someone who does, their UM/UIM coverage may be extended to the deceased so long as they were not excluded from the policy. If a road defect, such as a lack of pedestrian crossings and street lights, is to blame for a pedestrian accident, a claim may also be brought against the government entity responsible for the upkeep of the roadway. Some of the recoverable economic and noneconomic damages in these types of cases include:
- Costs of a loved one’s funeral and burial
- Expenses for medical treatment received by the deceased for an injury suffered in the wrongful death pedestrian accident
- Lost benefits and future financial support
- Loss of a family member’s love, affection, moral support, and companionship
- Punitive damages may be claimed for a wrongful death that is caused by egregious misconduct, like driving while impaired and excessive speeding.
- The value of household services that were provided to the family by the decedent, such as childcare and home maintenance
Watch the video below for a brief breakdown of these types of cases.
Is There a Statute of Limitations on Wrongful Death?
A wrongful death claim, just like any other type of claim, must be filed within a specific time frame. This is known as the statute of limitations. Under the California Code of Civil Procedure Section 335.1, a wrongful death action must be filed within two years of a loved one’s passing. Failing to file within this deadline may mean losing the right to recover financial compensation. Since there are strict criteria and filing requirements involved in these types of cases, it is best to retain a lawyer to lift the legal burden off your shoulders so you and your family can focus on grieving and recovering from your loss.
Wrongful Death Lawyer in Stockton
I’m Ed Smith, a Stockton wrongful death lawyer. The loss of a loved one in a hit-and-run accident is heartbreaking, mainly if the driver responsible for your loved one’s death is not located. An experienced wrongful death lawyer can help you and your family through this challenging time to identify the negligent driver and hold them financially responsible for your loss. While no amount of compensation can bring your loved one back, it may help cover your unexpected expenses in your time of grief. If this happens in your family, I am here to provide compassionate, free, and friendly advice. Please feel free to call me anytime at (209) 227-1931 or toll-free at (800) 404-5400 to discuss your options for recovery.
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I have assisted many Stockton residents injured in auto accidents as well as families who have lost a loved one in a wrongful death hit-and-run accident. Go to our Verdicts and Settlements page to see how we have helped others with their personal injury and wrongful death cases.
Picture Credit: By “webandi” via Pixabay
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