The nightmare of a child being struck by a vehicle is heartbreaking reality. In the wake of such a traumatic event, emotions run high and the thought of having to go through legal proceedings can feel overwhelming. But amid the turmoil, understanding your rights and legal options is critical.
This blog serves as a guide for parents and families in Bakersfield, offering a clear roadmap in the dark time that follows a child’s accident.
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The Legal Process After a Fatal Car Accident
Involving a Child
Envision the shock following the news no parent ever wishes to hear. A child, engaged in play with friends on a tranquil Sunday afternoon, is hit by a car. This event plunges a family into despair, engulfs a community in grief, and raises numerous questions in its wake. Is it possible to pursue justice? What steps are necessary to start rebuilding after such a tragedy?
After a child got hit by a car, it’s crucial to understand the legal framework that can offer some solace. Various legal principles come into play, such as the driver’s duty of care to others on the road and the question of negligence.
Wrongful death and personal injury law are cornerstones, dictating how compensation can be sought and obtained. These laws aren’t just abstract ideas; they are tools that can start the healing process for the families left to grieve.
What is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed by the surviving family members of someone who has died due to another person’s negligent or intentional act. It seeks compensation for the medical bills, funeral expenses, future losses, and other damages suffered as a result of the death.
Wrongful death claims involving children and young adults are particularly heartbreaking. These individuals had their whole lives ahead of them, with endless possibilities and potential. When their lives are cut short due to someone else’s actions, it is a devastating loss for their families.
Steps to File a Claim for Wrongful Death
When a Child Dies
In Bakersfield, as with the rest of California, filing for wrongful death after a car accident heavily involves a wrongful death lawyer. While families can certainly opt to pursue a claim without legal representation, they risk receiving less compensation than they are entitled to.
1. Consult with a personal injury lawyer.
The first step in filing a claim for the wrongful death of a child in Bakersfield, California is to consult with an experienced wrongful death car accident attorney. They can guide you through the legal process and help you understand your rights and options.
2. Gather evidence of negligence or recklessness.
In order to build a strong case, it is important to gather evidence that supports your claim. This may include medical records, police reports, witness statements, and any other relevant documentation that can bring a wrongful death suit forward.
3. Identify who is responsible for the fatal accident.
Before you file a claim for wrongful death in bakersfield, it is important to determine who is at fault for the child’s death. This could be an individual, such as a driver in a car accident or a negligent caretaker, or it could be an entity such as a company or organization.
4. Calculate damages.
Wrongful death claims can include a variety of damages, such as funeral expenses, medical bills, loss of future income, and pain and suffering. It is important to accurately calculate these damages to seek proper compensation after a child got hit by a car.
5. File a wrongful death claim or lawsuit.
Once you have gathered evidence and determined who is responsible, your attorney will help you file a claim for wrongful death on behalf of the child’s estate or surviving family members. Be sure to file within the statute of limitations.
6. Negotiate a settlement and recover damages.
Many wrongful death cases are settled out of court through negotiations between the parties involved. Your attorney will work on your behalf to reach a fair settlement that compensates for your losses.
7. Go to trial.
If a settlement cannot be reached, the case may go to trial. Your attorney will present the evidence and argue on your behalf to seek maximum compensation for your losses.
No amount of money can ever replace the life of a child. However, seeking justice through a wrongful death suit can hold those responsible accountable and provide some form of closure for the grieving family.
In addition to seeking financial compensation, filing a wrongful death lawsuit also brings attention to any safety issues or negligence that led to the child’s death. This can help prevent similar tragedies from happening in the future.
The Role of Insurance in a Wrongful Death Case
Understanding Insurance Policies in an Injury Claim
Insurance policies can dictate the flow of a personal injury claim. The driver’s insurance will typically be the first point of contact for potential compensation. But don’t overlook your own insurance policies; they might have provisions that will assist you during this time.
Personal Versus Driver’s Insurance
In personal injury cases involving a child got hit by a car and died as a result, there are nuances to how insurance can play out. Children often fall under the parents’ insurance policy if they are not of legal driving age. Understanding these intricacies is vital when preparing to file a claim. A wrongful death lawyer will be able to explain these details.
Key Elements of a Wrongful Death Lawsuit or Claim
Gathering Evidence and Witness Testimonies
Thoroughness is key when gathering evidence. Every scrap of information, from medical records to the smallest detail of the accident scene, can sway the outcome. Witness testimonies often provide the most compelling evidence, offering a pivotal and often overlooked perspective.
The Negotiation and Settlement Phase
Most personal injury cases never see the inside of a courtroom. Negotiations with the responsible party’s insurance company often lead to a settlement. This phase is where a steadfast attorney can be your beacon in the storm, guiding your family toward a fair resolution.
The Courtroom as the Last Resort
In the unfortunate instance that negotiations fail to produce a satisfactory settlement, the courtroom becomes the final battleground to recover damages. This isn’t a decision to be made lightly, as it extends the already grueling process. However, sometimes, it’s the only way to secure the accountability and compensation your family deserves.
Compassionate Legal Representation in Bakersfield
Amid the tumult and grief, a compassionate attorney can be a lifeline. Legal advisors who specialize in Bakersfield child injury cases don’t just offer legal expertise; they provide the empathy and support needed during this traumatic time. They understand that no amount of compensation can fully restore what was lost but can pave the way for a more secure future for the family left to cope.
Child Got Hit By a Car? File a Wrongful Death Claim With the Help of a Bakersfield Child Injury Attorney.
Call RTM Law for a Free Consultation.
Parents who have faced the nightmare of a child being hit by a car are never alone in the fight for justice. There are legal avenues to explore, insurance policies to understand, and advocates ready to guide every step of the way. The law, when wielded with compassion and expertise, can be a powerful force in the healing process.
The attorneys at RTM Law Firm understand the unique challenges faced by families in child injury cases.
If you or someone you know has endured this tragedy, reach out to our child injury and wrongful death attorneys in Bakersfield for support and guidance. With a blend of legal expertise and heartfelt empathy, we stand ready to ensure that your family’s voice is heard in the aftermath of such an unthinkable event. Remember, in the face of despair, legal action can be a beacon of hope for a brighter, more secure future.
Call us at (661) 402-3200 for a free case review. No fees until we win.
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We Help Accident Victims File
a Personal Injury Claim in Bakersfield, CA
Our Bakersfield personal injury attorneys handle a wide range of personal injury claims in several areas, including:
✔ Algoso
✔ Baker Street
✔ Belsera
✔ Campus Park
✔ Casa Loma
✔ East Bakersfield
✔ Fuller Acres
✔ Gosford
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✔ Kern City
✔ La Cresta/Alta Vista
✔ Lakeview
✔ Laurel Glen
✔ Lonsmith
✔ Maltha
✔ Mondavi
✔ Mountain Meadows
✔ Oakridge
✔ Oil Junction
✔ Oildale
✔ Old River
✔ Oleander/Sunset
✔ Olive Drive Area
✔ Panama
✔ Park Stockdale
✔ Polo Grounds
✔ Quailwood
✔ Rexland Acres
✔ Rosedale
✔ Sagepointe
✔ San Trope
✔ Seven Oaks
✔ South San Lauren
✔ Spice Tract
✔ Stone Creek
✔ Terra Vista
✔ Tevis Ranch
✔ Tyler Homes
✔ Venola
✔ West Park Community