Delano Fatal Bicycle Accident Lawyer

Maison Law represents the families of fatal bicycle accident victims in Delano. If you’ve suffered the loss of a loved one in a fatal bicycle accident, Maison Law is here to get you the financial support you need to help you, and your family get through this difficult time.

Bicyclists in Delano are already not offered enough protection on the road, so when a cyclist is fatally injured in an accident, our firm is prepared to protect their family’s legal right to compensation. Contact Maison Law today for a confidential, no-cost consultation.

How Maison Law Can Help

Unfortunately, bicycle accidents are not uncommon in California. According to Highway Traffic Data, fatal bicycle accidents are increasing year over year.

So, if you find yourself in the unfortunate situation of losing a loved one in a fatal bicycle accident, the Wrongful Death Attorneys at Maison Law can help. Our experienced attorneys will aggressively pursue the compensation you need for your medical bills, lost wages, and all other losses. Our legal support includes:

• Investigating the accident: we will uncover evidence to support your case and establish liability and the scope of your damages.

• Managing legal paperwork and communications: our firm will handle all communications to help you avoid the risk of inadvertently devaluing your claim by speaking with the defense, as well as allow you to grieve without having to deal with the legalities of your case.

• Negotiating on your behalf: we will work diligently to negotiate a fair settlement for the full value of your case.

• Litigating your case: If a settlement cannot be reached, our experienced wrongful death attorneys will represent you in court and fight for the compensation you and your family need.

Damages Awarded in a Delano Fatal Bicycle Accident

A wrongful death settlement or verdict from a fatal bicycle accident typically covers damages endured by the decedent and their family. These damages are thoroughly considered when determining the outcome and compensation of a wrongful death lawsuit. Wrongful death damages usually include:

• Funeral and burial expenses: cover the costs associated with saying goodbye to a loved one
• Loss of financial support: compensation for the loss of income provided before the untimely loss of a loved one
• Cost of medical treatment: this applies if your loved one received medical treatment before their unfortunate passing
• Emotional distress and support: compensation for the psychological and emotional toll a loss can have on the surviving family members
• Pain and suffering: if the decedent was exposed to pain and injuries before their untimely death, your family can seek compensation for what they had to endure
• Loss of consortium: this covers the loss of love and companionship you and your family have lost

Under California Civil Procedures 377.30, a wrongful death lawsuit is typically coupled with a California “survival” cause of action. Survival action is any personal injury claim the deceased filed or could have filed before their death. This action temporarily allows a survival action to be brought by the victim’s estate to recover non-economic damages. These damages are paid to the victim’s estate and disbursed to the victim’s heirs.

It is important to know that a survival action claim is the only way to sue for punitive damages. These damages are not available under a wrongful death lawsuit. For punitive damages to be rewarded in a survival action claim, the decedent’s death must be a result of another person’s intentional actions to do harm, or from extreme recklessness. An example of this in the context of a bicycle accident would be drunk driving or road rage.

When to Consult with a Lawyer for a Delano Fatal Bicycle Accident

Generally speaking, wrongful death claims must be asserted on behalf of the deceased’s personal representative within the statute of limitations of two years. There are exceptions to the statute of limitations which are listed in the link contained in this article. It is important to know that if you miss the deadline for filing a wrongful death claim, you waive your rights to recover damages. For that reason, it is important to consult with a Wrongful Death Attorney as soon as possible.

Additionally, the following is a list of reasons families should contact a lawyer after a fatal bicycle accident:

• Your loved one was killed by someone else: the details of your loved one’s accident will determine whether your loved one’s wrongful death is a civil or criminal action. A civil action would be considered an accident such as a bicycle accident or work-related accident. A deliberate act such as murder would involve criminal charges being brought against the liable party.
• You are the surviving spouse or family member of the decedent: In California, wrongful death claims are typically filed by a representative of the estate. A wrongful death attorney can file the claim on behalf of the survivors of the deceased.
• The insurance company is neglecting you: It is not uncommon for insurance companies to attempt to lessen your damages. A wrongful death attorney can help you prove the defendant was careless and maximize your compensation. An experienced attorney will be able to show the defendant owed the decedent a “duty of care.” And this duty of care was breached by a direct act from the defendant, which caused your loved one’s death.
• You need financial help: A wrongful death attorney will advocate on your behalf to get you the maximum amount of compensation you are owed. There are numerous losses families suffer due to the untimely loss of a loved one, and there are legal processes to recover all the damages you’ve been forced to suffer.

Proving Wrongful Death in a Delano Fatal Bicycle Accident

When dealing with a wrongful death, it is not always easy to prove fault, but it is an essential part of receiving damages after an untimely loss. In some instances, there are multiple parties involved, which further complicates who you can sue for damages. In these situations, California uses the legal term “Comparative Negligence” to divide blame amongst multiple “at-fault” parties as stated in California’s Comparative Negligence Law.

Regardless of how many parties are involved, if you can prove someone else’s negligence caused the death of your loved one, you will most likely have a case. The following are four elements of evidence necessary to prove fault in a wrongful death case:

1. Had an obligation to act with reasonable care: For example, if a person is driving a car or a truck they are expected to follow traffic laws, as well as be aware of other drivers on the road.
2. Breached their “duty of care:” The plaintiff must demonstrate they were owed a duty of care by the person at fault. For example, in a fatal bicycle accident, the duty of care would have been ignored if another car broke a traffic law and was driving dangerously before the collision.
3. Acted careless or reckless: If the defendant failed to act with a duty of care and caused another’s death, the plaintiff must prove the other’s careless or reckless actions resulted in the loss of their loved one.
4. Damages: The plaintiff must be able to prove they suffered damages due to the loss of their loved one.

What is the Typical Compensation for a Fatal Bicycle Accident in Delano?

A wrongful death settlement from a fatal bicycle accident is the most effective recourse to pursuing justice for the surviving family members of the decedent. Your attorney will take legal action to hold individuals, businesses, or other accountable entities for tragically taking away your loved one. Once all the at-fault parties have been brought into the lawsuit, the value of your settlement ultimately depends on:

• The age and earning potential of the victim: the lost income is reached by combining the victim’s life expectancy and their earning potential had it not been for the fatal accident.
• Whether or not the victim was partially responsible: California is a “shared fault” state and the victim can be assigned blame for their death, reducing the amount of compensation.
• Insurance policy limits of the at-fault party: drivers are required to have insurance and most do. However, most car insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives.

In addition to these factors are the damages you and your family have had to endure, such as:

• medical bills before the loss of a loved one,
• pain and suffering,
• and loss of the deceased’s income

Contact a Delano Fatal Bicycle Accident Lawyer

If you’ve lost a loved one in a fatal bicycle accident due to a careless driver or hazardous condition in Delano, the Wrongful Death Attorneys at Maison Law can help you lessen your financial burdens and secure a financial future for you and your family.

Our firm has managed numerous wrongful death cases. We understand how to aggressively pursue compensation by establishing concrete evidence and demonstrating irrefutable examples of damage families have been forced to suffer. Don’t wait to take legal action.

Contact Maison Law today for a free consultation and case evaluation. There is no upfront charge or hidden costs, and we don’t make a cent until we’ve won your case.