A car accident attorney can file a wrongful death claim if a loved one died in a car crash or due to injuries it caused. They can help obtain financial compensation for losses resulting from a driver’s negligence or recklessness. Therefore, finding a skilled automobile accident lawyer is one of the first steps to take after a crash involving a fatality.
In California, thousands of people are killed in car accidents every year. Speeding, driving while intoxicated, and texting are just a few activities that make driving unsafe. Surviving family members can’t get a loved one back, but they can be compensated for a range of expenses and damages.
How Does a Wrongful Death Claim Work?
A wrongful death claim is a legal action against a reckless party. It’s brought by family members of the deceased instead of an individual who has suffered a personal injury. Wrongful death claims are generally civil cases. The primary goal isn’t to punish the wrongdoer but to seek financial compensation for the decedent’s family members, dependents, and beneficiaries.
Proving wrongful death in an auto accident case requires demonstrating several elements. Each of these must be satisfied by a preponderance of the evidence, meaning the likelihood a fact is true or an event occurred must be 50% or greater. As in other negligence claims, the following elements must be shown:
- A Duty of Care Was Owed to the Victim: Every person operating a motor vehicle must drive in a reasonably safe manner. Road and weather conditions must be accounted for. If the at-fault party was driving, proving they had a duty to protect the victim’s safety is relatively straightforward.
- The At-Fault Party Violated Their Duty of Care: If the negligent party was intoxicated, using a cell phone, ignoring the right-of-way, violating traffic laws, or otherwise distracted or negligent, a car injury attorney must prove this to win a wrongful death case.
- The Negligent Party’s Failure Caused the Accident: The defendant’s failure must be shown to have directly caused the crash, using the specific facts and circumstances of the accident. Photos, surveillance footage, accident reports, witness testimonies, medical records, and other evidence can support a wrongful death case.
- The Victim Died from Injuries Sustained in the Crash: Car injury lawyers can obtain witness testimony and a medical examiner’s certificate to show proof that the accident directly caused the victim’s death. The deceased did not have to die immediately in the accident. Damages can be sought even if they die days or weeks later.
- Survivors Suffered a Financial Loss as a result of the Death: If the decedent’s spouse, child, or other family member or dependent relied on them for financial support or services, an attorney calculates the total damages. This enables them to pursue a specific monetary amount from the defense.
Types of Damages a Wrongful Death Lawyer Can Pursue
A car accident attorney experienced in wrongful death claims can advocate for the victim’s family’s best interests. Using their litigating experience and negotiating power, they can pursue the largest possible damages award. They can also pressure insurance companies that prioritize their bottom line rather than the family’s financial needs.
In a wrongful death case, an automobile accident lawyer can pursue quantifiable economic damages, which can include the following:
- The deceased’s funeral and burial expenses
- Loss of financial support to surviving family members
- The financial loss of household services the victim provided
- Loss of benefits, gifts, and other financial contributions
- Costs of medical treatment before they died
In addition to compensation for economic losses, a wrongful death lawyer can consider non-economic damages. These can include:
- Loss of companionship, love, care, and moral support
- Loss of guidance and training to family members
- Emotional distress and mental anguish due to losing a loved one
Punitive damages may be awarded in cases involving a defendant’s gross negligence or intentional misconduct. They’re intended to punish the wrongdoer and deter similar behavior. While not specifically for awarding the plaintiff(s) financial compensation, punitive damage payouts can involve high dollar amounts. Claimants often receive much of the total.
Who Can File a Wrongful Death Claim?
California law allows only specific individuals to bring a wrongful death claim. The following can sue a liable party for damages resulting from the loss of a loved one in a car accident:
- Surviving spouses or domestic partners
- The decedent’s children
- Parents of the deceased person
- Grandchildren (if the decedent’s children are deceased)
- Other dependents (if the deceased has no surviving spouse, domestic partner, or children)
- Putative spouses and their children
- Stepchildren who were financially dependent on the deceased individual
Is the Driver Always Liable for Wrongful Death Damages?
The driver of the car that caused the accident isn’t always the liable party. They may not be at fault or be only partially liable in a wrongful death lawsuit. However, other parties may be responsible, such as the following:
- Other drivers who were operating their vehicles negligently
- An individual who provided an intoxicated driver with drugs or alcohol
- The other driver’s employer if a commercial vehicle caused the accident
- A manufacturer or repair shop if a defect in parts or service caused the crash
- A state or local agency that failed to perform road repairs or maintain road safety
Why You Need an Experienced Car Accident Wrongful Death Attorney
A car accident attorney specializing in wrongful death lawsuits fights for your rights. They understand the financial and emotional toll of losing a loved one in an accident. A lawyer provides representation on your behalf, which is invaluable when sharing information with the defense team and negotiating with insurance companies. They can also review a settlement offer to determine if it’s fair and provide a buffer against an insurer that may pressure you to settle too early.
The attorney-client privilege is another benefit. It protects any information you share with your lawyer. Communications held in confidentiality don’t have to be revealed to anyone else. Cases also don’t have to be drawn out in a trial. Most claims never go to court and are settled during negotiation, mediation, or arbitration. Insurance companies and defendants’ legal representatives are usually open to negotiating rather than going to court.
However, if a fair settlement offer isn’t presented after several rounds of negotiation, a skilled automobile accident attorney can take a wrongful death case to trial.
A Car Accident Attorney Ensures Your Lawsuit Is Filed on Time
California imposes a statute of limitations of two years from the date of the victim’s death to file a wrongful death lawsuit. Other than rare exceptions, family members who miss the deadline lose their right to pursue compensation. An attorney knows the steps to complete to ensure your rights are protected.
Legal professionals can also consider factors such as the discovery rule, which means the two-year period can start from the date the cause of death was discovered or should have been discovered. The statute of limitations can be extended (tolled) if a case involves a minor or incapacitated individual. Meanwhile, claims involving government entities may have shorter timeframes and other procedural requirements.
A car accident attorney can consider all these factors and deal with all the complexities and challenges of filing a wrongful death lawsuit.
Call The Law Offices of Jacob Emrani
Our Los Angeles car injury attorneys are familiar with all types of vehicular accidents. They can establish another driver’s negligence or misconduct, whether the accident caused a severe injury or death. Having won accident settlements in the millions of dollars, they can help file a personal injury or wrongful death claim, build a strong case, and fight for maximum compensation. If you’ve been injured or have lost a loved one in a car accident, call The Law Offices of Jacob Emrani at (888) 952-2952 for a free consultation. We don’t charge fees unless your case wins.