Tracy Woman Killed in Mountain House Car Accident
An 83-year-old Tracy woman was killed in a Mountain House car accident on the night of August 21, 2019. The collision occurred around 7:00 p.m. on Grant Line Road at Great Valley Parkway. A spokesman for the California Highway Patrol (CHP) said the front of the Mercedes-Benz collided with the front driver’s side of the Toyota. The driver of the Mercedes-Benz was transported to the hospital for treatment of minor injuries. Sadly, the Toyota driver was pronounced deceased at the scene. The name of the decedent has not yet been released due to pending notification of her family members.
Loss of a Loved One in a Mountain House Car Accident
Losing a loved one is a harrowing experience for any family to go through. When death is caused by the carelessness of someone else, other emotions may surface in the grieving process such as disbelief and anger. Coming to terms with a loved one’s unexpected passing may be challenging. This is especially true when you are being contacted by unsympathetic insurance companies who want to dispute liability for a loved one’s death. The thought of retaining an attorney after a fatal car accident may feel intimidating and overwhelming during this difficult time. Nevertheless, it is critical to protect you and your family’s legal rights, and a lawyer can help do that.
What is Wrongful Death?
Wrongful death is defined as the passing of a loved one caused by the negligent acts of another individual or entity. When such situations happen, a family may be able to hold the negligent party accountable through a wrongful death claim. This is a civil claim that allows the estate of the deceased to seek monetary damages for the economic and noneconomic losses they have suffered. These include:
- Expenses for a loved one’s funeral and burial may be claimed by the family member who paid for them
- Loss of a loved one’s companionship, care, society, and moral support
- Loss of future earnings, benefits, and household services that the deceased person would have provided to the family had he or she survived
- Loss of parental guidance and mentorship for surviving children
- Medical expenses incurred by the decedent before his or her untimely passing
- Mental and emotional trauma caused by a loved one’s sudden and unexpected death
To recover damages in a wrongful death car accident, negligence must be proven on the part of the other driver. For more details on how this is done in a wrongful death case, watch the below video.
When to File a Wrongful Death Lawsuit
Each state has their own laws limiting the time survivors have to file a wrongful death claim. In California, a wrongful death suit must be filed within two years from the date of a loved one’s death. Claims involving negligence on the part of a government agency follow different deadlines. In such cases, a family has six months or 180 days to file for wrongful death against the appropriate government entity. This is by California Government Code 911.2. To determine the specific criteria and time limits applicable to your case, reach out to an experienced Mountain House wrongful death lawyer.
Who is Entitled to Wrongful Death Damages?
California law is specific on who may qualify as an eligible recipient of wrongful death compensation. Immediate family members such as spouses, domestic partners, and children may bring a claim for wrongful death. Others may also be entitled to wrongful death damages if such parties are nonexistent. This includes the putative spouse, parents, or stepchildren of the deceased. If you are unsure about your eligibility for a wrongful death case, reach out to an experienced attorney.
Auto Accident Attorneys in Mountain House
I’m Ed Smith, a Mountain House auto accident attorney. Few things are more painful than suffering catastrophic injuries or losing a loved one unexpectedly in an auto accident. The situation may become more challenging when the injury or death was caused by the wrongdoing of someone else. If this situation applies to you or someone you love, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my compassionate, free, and friendly advice.
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