Nobody wants to think about losing a loved one in an accident, but the reality is that any accident in Visalia could be fatal.

Being in this situation means those left behind have to move forward, and the legal process can help them do that. But it’s not easy. Welcome to Won And Done, where our Visalia wrongful death lawyers have the answers and support you and your family need.

Get a free case review and learn how easy we make it to be won and done.

What Our Clients Say

”Maison law is outstanding. The entire team was very attentive to my question and concerns. They even went out of their way to find a chiropractor closer to me because I was not able to commute far for my appointments. I was confused on what was next after my accident but The Maison Law team quickly made me feel comfortable. They are here to work for you.“

I got into a fender bender in January and was left dealing with a very unresponsive and terrible insurance adjuster who was basically forcing me to accept only 1k to close my claim prematurely. Thankfully I found Martin and Maison "Law who truly helped ease my mind, took care of my car, rental, treatment and got me an AMAZING settlement in time for Christmas."

"Martin Gasparian and the whole Maison Law team were there for me when I was involved in an accident. They held my hand every step of the way and took care of all my needs. They listened to all my concerns and put my mind at ease and made the whole process pain free. I would definitely refer friends and family to Maison Law.

Should My Family Consult with a Lawyer After Losing Someone in a Fatal Accident?

If a loved one is killed in a tragic accident caused by someone’s mistake, families have the legal right to seek financial restitution. Families can seek justice and support through a wrongful death claim. However, company lawyers and insurance adjusters will try to blame the victim for an accident and minimize the support they have to provide.

A Visalia Wrongful Death Attorney safeguards the family’s rights and fights back against these unfair tactics. A skilled lawyer makes sure families are awarded all benefits available. A personal injury lawyer can help file a wrongful death claim and protect the family from the tactics insurance companies use. A lawyer also handles the frustrating negotiations with insurance companies while allowing as little disruption to a grieving family as possible.

Types of Wrongful Death Claims We Help Families Win

Accidents happen around Visalia and Tulare County every day. Many of them are caused by the negligence of a person or entity. Tragically, some of the most traumatic accidents can lead to fatalities. Under California Law, anyone whose actions contributed to a death can be held accountable and responsible to help the surviving family recover.

The liable party may be a careless driver on Highway 198 who made a devastating mistake. It could be an employer or a landlord. The liable party could be a massive store chain that allowed a customer to get hurt.

Here are a few examples of some other types of accidents that might lead to a wrongful death claim:

Motorcycle accidents
Crashes involving large trucks and 18-wheelers
Bus, train and aviation crashes
Slip-and-falls and trip-and-falls
Bicycle and pedestrian accidents
Construction and industrial accidents
Dangerously defective products
Medical malpractice

Wrongful death cases seek monetary damages as compensation for the loss of a loved one. Although a person who caused the death of somebody else might be charged criminally, wrongful death cases are heard in the civil courts. In fact, a wrongful death case can be heard at the same time as a criminal case spinning off of the same set of facts. They’ll be heard in two different courtrooms though by different judges and juries. The burden of proof in each of the cases is different too. In a criminal case, the prosecution must prove the defendant guilty beyond a reasonable doubt. In a civil wrongful death case, the defendant must be proved guilty by a preponderance of the evidence. What that means is that the facts and evidence presented in the case are more likely true than not true.

WHO CAN FILE A WRONGFUL DEATH CLAIM IN CALIFORNIA?

California’s wrongful death laws are found at the California Code of Civil Procedure section 377.60 et. seq. The applicable statute designates who might be able to bring a wrongful death claim. The following is a general summary of who might be able to bring a wrongful death claim in California, but it’s certainly not exhaustive:

The decedent’s husband or wife. If there is no surviving husband or wife, the decedent’s children or dependent stepchildren. If there are no children or dependent stepchildren, the decedent’s dependent parents can bring the claim.
If none of the above exist, the case might be brought by the decedent’s surviving parents, and then, any siblings of the decedent.

A skilled lawyer can also file a wrongful death claim on behalf of all eligible family members or represent just one family member.

A Maison Law attorney would fully investigate the accident and document the effects the loss of life has had on close relatives. Our representatives would fight to earn the family as much in support as possible while allowing as little disruption to the grieving family as possible.

Seeking Support for the Families After a Fatal Accident

A skilled wrongful death attorney would file a claim that included a large list of hardships the family had been through and would go through in the years ahead.

These are just a few of the factors that determine the amount on a wrongful death settlement check for the family:

Expenses of a funeral service and burial.
The paychecks and work benefits the victim will no longer provide to support family members in the years to come.
Emotional trauma suffered by family members. This can include the loss of the love and guidance victims won’t be able to provide in the years to come.
Loss of consortium. (The loss of intimacy now that a partner is gone)
Cost of grief counseling and other mental health services.

SURVIVAL ACTIONS

Most wrongful death lawsuits contain a second count against the defendant that is known as a survival action. These actions are allowed so long as the decedent survived the fatal occurrence, even if only for moments.

They’re brought pursuant to the California Code of Civil Procedure Section 377.30. As opposed to the wrongful death action that is brought by the decedent’s family members, survival actions are brought by the decedent’s personal administrator for losses suffered by the decedent rather than his or her family. Damages in a survival action might consist of medical expenses, property damage, lost earnings and punitive damages, but they don’t include pain and suffering or any disability or disfigurement.

THE STATUTE OF LIMITATIONS FOR VISALIA WRONGFUL DEATH CASES

Every state sets its own deadline for when a wrongful death or survival action can be filed. For purposes of wrongful death in California, any lawsuit must be filed within two years of the date of death.

These are strict time periods. There are very few exceptions. Failure to make a timely filing is likely to result in an action being dismissed forever.