The California Department of Transportation (Caltrans) announced last month that it had reached a settlement in a wrongful death claim stemming from the 2012 death of a 24-year-old woman on Highway 99 in Fresno.
According to the lawsuit, the victim was moving traffic cones in an area of the highway that was poorly lit, when a drunk driver collided with her in the early morning hours on July 11, 2012 – her second night on the job. She was pronounced dead at the scene.
Witnesses from the scene of the accident confirmed in the lawsuit that the victim was wearing reflective clothing, as well as a blinking light on her helmet, and had been carrying a flashlight before the incident.
The victim’s parents originally filed the wrongful death suit in Fresno County Superior Court, citing negligence on behalf of Caltrans, as well as the failure to provide a safe working environment for the woman.
Wrongful Death
A fatal accident is considered wrongful death if the loss of life occurred as the result of the negligence of an individual or entity. When a family suffers the unexpected loss of a loved one, it can cause significant emotional trauma, but it can also raise several concerns regarding a family’s financial future, especially if the victim was a significant source of financial support.
Unlike other areas of law, wrongful death cases can only be filed by certain individuals – specifically, the immediate family of the deceased. This can include parents, spouses and children, and in some (select) cases may be extended to other beneficiaries or overseers of an estate.
No two wrongful death cases are the same, and each case brings unique circumstances, for both the victim and their families. Depending on the role the victim filled in the family, there are a number of options for financial recovery, including:
- Funeral and burial expenses
- Medical expenses
- Salaries
- Wages
- Commissions
- Pensions
- Future earnings
In many cases, a victim’s family may also be eligible to file for the recovery of damages for emotional suffering, though it is not possible to place a monetary value on the loss of a loved one.
If you or someone you know is dealing with the sudden, unexpected loss of a loved one due to another’s negligence, know that you are not alone, and there are legal resources available to you.
Wrongful Death Attorneys in Encino
In Encino and the areas around Los Angeles, the dedicated legal team at Binder & Associates, PLC are committed to advocating on the behalf of personal injury victims and their families, including those dealing with tragic wrongful death incidents. We know that dealing with the loss of a loved one is never easy, but you need not to struggle alone.
Our attorneys’ experience in this area of law is unparalleled, and our team can provide the legal and emotional support you need as we work toward achieving justice for you and your family.
As a convenience to potential clients, we are happy to offer a free preliminary consultation, to help assess your case as quickly as possible. To schedule yours with a member of our Encino wrongful death attorneys, call Binder & Associates, PLC
