Who can access accidental death benefits after motorcyclist crash near Ocean Beach?
California – September 10, 2022
Sunset Cliffs and Nimitz Boulevard off Interstate 8 was the scene of a fatal crash involving a 33-year-old motorcyclist and a vehicle according to San Diego Police officials. The motorcycle was struck by a vehicle after passing a red light and thrown to the side of the road where he suffered fatal injury at the scene. Loved ones of fatally injured motorcycle accident victims may ask themselves “Where can I find attorneys near me?” when they need assistance with accidental death benefit access and wrongful death claims caused by a crash in San Diego.
Accidental death benefit.
The accidental death benefit, as part of an insured’s policy pays for death expenses if, in a covered accident, bodily injury causes the death of a policy holder, or a covered family member died in a single vehicle crash. An experienced accident attorney can help surviving loved ones by reviewing insurance policies and communicating with carriers to process claims when necessary. Since California is not a no-fault state but offers personal injury protection Med Pay coverages as an option, the policy’s death benefit may cover funeral expenses in advance of a settlement from any proven negligence involving another party, or entity. It is always best to speak with a car accident attorney who understands insurance laws.
Fault determination and time to file a claim.
California is a “fault” state and victims can bring a claim against any other identified responsible parties before they file a claim against their own “no-fault” insurance. Motorcycle accident victims, or their families may file insurance claims, initiate legal action, or file wrongful death claims when an injured party dies as a result of another person’s negligence within California’s set timeline of two years.
Types of recoverable damages.
If negligence can be proven outside of the victim’s actions, even in a solo motor vehicle accident, California auto accident lawyers can assist survivors with damages, and insurance claims.
- Economic damages include present and future loss of earnings, medical bills, future medical care, household expenses and
- Non-economic damages include pain and suffering, mental anguish and loss of consortium or companionship.
- Punitive damages may be considered but reckless, intentional, and egregious acts must have caused the harm.
Legal action after harmful loss.
A California fatal accident victim’s surviving loved ones can take steps to minimize additional stress by hiring competent legal counsel to act on their behalf in court or communicate with insurance companies to recover a fair monetary settlement. Consultation with an experienced car accident lawyer who understands the residual impacts of the loss of a family member on financial stability can guide damage valuation and compensation for each case.
Jeffrey E. Estes & Associates, a Professional Law Corporation
501 West Broadway, Suite 1650
San Diego, CA 92101
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