Fresno Accident & Wrongful Death Attorney

Losing a loved one in an accident is one of the most excruciating experiences a family can go through. When negligence is the root cause of such accidents, the surviving family members have the right to seek compensation by initiating a wrongful death claim.

However, proving negligence is a process that requires legal knowledge and skill. At Banafshe Law Firm, PC, you can take advantage of the experience of a Fresno accident & wrongful death attorney to fight for justice and rightful compensation. Our goal is to uncover liability and hold responsible parties accountable to recover every penny they owe you. Call us now to discuss your case and learn how our services can be of help at this difficult time.

Common Accidents that Cause Wrongful Death

Accidents can profoundly disrupt the lives of victims and their family members. While some victims only suffer injuries and get well after some time, others do not survive the impact. Various factors determine the outcome of an accident, including the nature of the incident, the force involved, and the medical response time.

For example, high-speed traffic collisions, workplace accidents involving heavy machinery, or medical malpractice can escalate from severe injuries to fatal outcomes. Additionally, pre-existing health conditions, delayed medical attention, and secondary complications, such as infections, may also contribute to an untimely death.

Some of the incidents that can be deadly include:

• Slip and fall accidents
• Car accidents
• Boating accidents
• Spinal injuries
• Defective products
• Truck accidents
• Motorcycle accidents
• Medical negligence
• Wildfires
• Construction accidents
• Traumatic brain injuries
• Dog bites
• Pedestrian accidents
• Bicycle accidents
• Drunk driving accidents

A Fresno accident and wrongful death attorney can investigate the details of the incident, establish how negligence played out, and ensure that the claim reflects the pain and suffering endured by both the deceased and the surviving family members.

Who Can File a Wrongful Death Lawsuit

The personal eligibility to initiate a wrongful death lawsuit in Fresno is determined by California law. Here are the individuals who have the legal right to file a wrongful death claim:

• The surviving spouse
• A legally registered domestic partner
• Minor children who depended on the deceased
• Parents, if the deceased had no spouse or children
• A legal guardian

If no surviving family member is eligible to file a wrongful death claim, the case may become more complex. In such scenarios, an estate representative or an individual financially affected by the loss may file the claim. It is recommended that you consult an attorney to explore available legal options.

How Long Does It Take to Resolve a Wrongful Death Case in Fresno, CA?

The timeline for resolving a wrongful death lawsuit is defined by various factors surrounding each case. Usually, it takes a few months to several years. We have observed that the resolution of an accident & wrongful death case is usually influenced by the following factors.

• Cases featuring straightforward negligence may conclude faster, while those requiring extensive evidence gathering and expert testimony can extend the legal process.
• If the at-fault party’s insurance company is willing to negotiate in good faith, the case can be settled out of court relatively quickly. However, disputes over liability or compensation amounts often lead to prolonged legal battles.
• The availability of the courts also significantly impacts the case’s timeline. If there is a backlog of cases, the trial and hearing dates may be pushed further, delaying resolution.
• The need for a comprehensive investigation can also lengthen the process. The discovery process can be time-consuming, including extensive gathering of medical reports as well as consulting accident reconstructionists and several witness statements.
• If the at-fault party contests liability or argues that damages should be limited, the case may require additional evidence and legal arguments, prolonging the litigation process.
• Obtaining testimonies from accident reconstruction specialists, medical professionals, and economists may extend the case timeline.
• Legal motions and hearings, such as those addressing the admissibility of evidence or liability disputes, can extend the case’s duration if multiple legal arguments need resolution before trial.
• If your case goes to trial and the verdict is challenged, an appeal process can further delay the final resolution. Appeals can take months or even years to conclude.
• Insurance companies often employ delay tactics to minimize payouts. These may prolong the resolution timelines until the delay is legally challenged.

While several factors can potentially delay justice, an accident & wrongful death attorney in Fresno can ensure all necessary steps are taken efficiently. We usually undertake proactive case management to help expedite settlement negotiations or trial proceedings. Our award-winning lawyers can anticipate and counteract delay strategies so you can secure financial recovery in a timely manner.

Are There Time Limits for Wrongful Death Cases in Fresno, CA?

The timeline for initiating a wrongful death lawsuit in California is defined by Code of Civil Procedure (CCP) § 335.1. In a Fresno wrongful death lawsuit, you have only two years from the date of death. While this is usually a strict deadline whose violation means forfeiting your right to seek compensation, some exceptions may alter this timeframe:

• If the wrongful death was caused by a government agency, such as negligent municipal maintenance, you must bring a notice of claim within six months.
• In case of medical negligence leading to wrongful death, the lawsuit must be filed within one year of discovering the cause of death or within three years of the malpractice.
• If a minor is the only eligible plaintiff, the legal timeline may extend until the minor turns 20, which is 2 years after reaching the age of majority.
• Other unique case factors, such as fraud or concealed evidence, may also alter filing deadlines.

It is in the best interests of the surviving family members to consult with a Fresno wrongful death attorney to ensure compliance with legal timelines. Taking timely legal action can help preserve your right to seek justice.

Hire a Fresno Accident & Wrongful Death Attorney Today

Losing a close person due to another party’s negligence is devastating. Amidst grief, the thought of filing a legal claim may be the last thing. However, pursuing a wrongful death claim is the legal avenue to securing justice and financial stability for the surviving family members.

A Fresno accident & wrongful death lawyer at Banafshe Law Firm, PC, will handle your claim and allow you to focus on healing and remembering your loved one. It is our culture to offer the bereaved families compassionate representation to support their journey to justice. Contact us today for a free initial consultation.