COMPASSIONTE FRESNO WRONGFUL DEATH ATTORNEYS ANSWER ALL YOUR QUESTIONS
If you have recently lost a loved one in an accident caused by another party, you should consult with the compassionate Fresno wrongful death attorneys at the Law Office of Rick D. Banks. Do not delay – call us today at (559) 222-4891 for a free, comprehensive case evaluation. We understand that you are in mourning and the last thing you want to do is to get tied up in complex legal procedures. Let us fight to preserve your wrongful death claim in your stead so you can get the justice and financial support you need and deserve for the great loss you have suffered.
With more than 20 years of experience, our Fresno personal injury attorneys have what it takes to negotiate a full and fair settlement with the opposing insurance company. If negotiations fail, we are more than ready to take matters to trial. Contact us today to learn more about what our firm can do for you.
What Damages Are Available in a Fresno Wrongful Death Claim?
Pursuing damages in a California wrongful death claim can be complex, which is why getting the assistance of an attorney is vital to a successful case. As the survivor of someone who has lost his/her life due to another party’s negligence, you can pursue the following damages in a wrongful death claim or lawsuit:
- Medical costs for treatment received by the decedent prior to death;
- Funeral and burial expenses;
- Lost wages and benefits that would have been earned by the deceased; and
- Loss of love, companionship, comfort, affection, society, solace, moral support, household services, and consortium of the decedent.
Who Can File a Wrongful Death Claim?
Certain family members and dependents receive priority over others in wrongful death claims. First in line are the surviving spouse and children. Next in line (in order of priority) are the decedents:
- Nephews and Nieces,
- Grandparents, and
- Lineal descendants (those in direct line of descent).
All possible claimants must be joined in a single wrongful death action. Furthermore, it is up to the discretion of the claimants to determine how to split the recovery. If they cannot reach an agreement, they may go to court again to reach a judgment on the division of the recovery.
What Is the Statue of Limitations for Wrongful Death Claims in California?
It depends on the circumstances of the case. In most wrongful death cases, the statute of limitations is typically two years. Cases involving medical malpractice generally have a three year deadline. If based on any government tort liability, then the claim usually must be filed at the proper location within six months. Consult with a reliable lawyer right away to ensure that your claim gets filed in time.
Helping Fresno Families Get through the Worst
At the Law Office of Rick D. Banks, we understand just how difficult it can be to recover from the sudden death of a loved one. We will fight hard to protect your interests in and out of the court room so you can focus on the healing process. To learn more, call our office at (559) 222-4891 or fill out an online contact form.