A fatal car accident is a tragic event that leaves behind devastated families and complex legal issues to work out. If negligence or recklessness caused the death of your loved one, family members can pursue a wrongful death claim against the adverse party. In California, wrongful death laws allow for the financial compensation of close family members for their emotional and financial losses associated with their loved one’s death. Understanding what rights the family members have, who has claims, and the legal process for recovering compensation is crucial for families seeking justice and support.
Understanding Wrongful Death in California
In California, a wrongful death claim is legally actionable in a civil lawsuit that can be brought against the adverse party whose negligence or recklessness caused your loved one’s death. For example, a drunk driver causes an accident and kills another motorist on the roadway. If the drunk driver was driving for work at that time, a claim can be brought by the deceased’s heirs against both the driver and their employer. A wrongful death claim is typically filed by close relatives of the deceased, such as their spouse, children, or their parents. These persons are called heirs. In cases where these relatives do not exist, or are deceased, other dependents or personal representatives of the deceased’s estate may also have the right to sue.
If the loved one does not die right away and incurs substantial medical bills for a hospital stay and then passes away from their injuries, a separate survival claim can be brought by the deceased’s person’s estate to recover the medical bills incurred from the accident. The heirs in a wrongful death claim cannot claim or recover the medical bills incurred by the deceased in a wrongful death action. A separate claim must be made by the estate.
The Legal Process
The legal process of making a claim against the adverse party starts with the filing of a claim within the statute of limitations, which in California is two years from the date of death. To succeed in a wrongful death claim, the living family members known as heirs must prove that the adverse party’s negligence or recklessness caused their loved one’s death. Proving this can entail investigating and gathering substantial evidence, including police reports, eyewitness accounts, and coroner’s reports. In some cases, expert testimony is required to prove negligence or recklessness of the adverse party was a substantial factor in causing a loved one’s death.
Potential Damages in Wrongful Death Claims
Damages recovered or awarded in wrongful death cases aim to compensate for both economic and non-economic losses. Economic damages can include but are not limited to funeral and burial costs and loss of financial support provided by the decedent to any of their dependents, and other monetary costs or losses. Non-economic damages cover the more intangible losses, such as emotional distress and the loss of the love, companionship, and guidance of the deceased. Survival claims can capture any medical bills incurred by the deceased as a result of an accident that resulted in death.
In certain instances where the defendant’s actions are found to be particularly egregious, reckless, or malicious, punitive damages may also be awarded. These are intended not as compensation but as punishment to the defendant and adverse party to deter similar behavior in the future. In punitive damages claims, the defendant’s financial condition is considered. A punitive damages award is often commensurate with the nature of the conduct and harm caused. And in an amount is set that is deemed sufficient to deter future conduct of a similar nature.
The Role of a Skilled Personal Injury Lawyer
Navigating a wrongful death claim requires deep understanding of California law and meticulous preparation of the case. A personal injury lawyer experienced in wrongful death claims in California can provide surviving family members with invaluable assistance. From investigating the accident and gathering critical evidence to negotiating with insurance companies and representing the family in court, a skilled wrongful death lawyer ensures that the family’s rights are fully asserted and they are compensated.
Our History of Success Handling Wrongful Death Claims
The lawyer you choose to represent your legal interests in a wrongful death claim can make a substantial difference in maximizing the value and success of your case. Choosing the right wrongful death law firm to protect your legal interests is crucial. Experience matters. The Hassell Law Group is consistently ranked among the best wrongful death accident lawyers in San Francisco and The Bay Area. Our law firm has won numerous professional awards for its top case results. With an undefeated record at trial for our clients and over 100 years of combined legal experience, we are experts in recovering maximum compensation for surviving family members of wrongful death accident victims.
Conclusion
Losing a loved one is an immeasurably painful experience, and while no amount of compensation can replace your loved one, you may be entitled to compensation and a fair settlement can provide financial stability and some sense of justice being served. Our firm is committed to providing compassionate and effective legal representation to ease your burden during this challenging journey.
Reach Out – We Can Help
If you have lost a loved one in a car accident and believe another’s negligence was at fault, please contact us at (415) 334-4111 or send us a contact form message. We offer a free consultation to discuss your case and see how we can help you find justice for your loved one.
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The general information provided on this website should not be considered legal advice and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or by contact form submission through this website, please note that such communication does not create or constitute an attorney-client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.
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