Can I File a Wrongful Death Claim If My Loved One Died in a Car Accident in California?

Michael Waks

3 months ago

Losing a loved one in a car accident is a devastating experience, and it can leave you grappling with both emotional and financial challenges. If your loved one has tragically passed away in a car accident in California, you may be wondering whether you have the option to pursue legal action through a wrongful death claim. Here’s what you need to know about filing a wrongful death claim after a fatal car accident in the Golden State.

Eligibility for Filing a Wrongful Death Claim

Legal Standing: In California, certain family members have the legal standing to file a wrongful death claim on behalf of the deceased. This typically includes the surviving spouse or domestic partner, children, and in some cases, other dependents or heirs.
Proof of Negligence: To pursue a wrongful death claim, you must be able to demonstrate that the death was caused by the negligent or wrongful actions of another party, such as a negligent driver or entity responsible for maintaining the roadway.

Compensation Available in a Wrongful Death Claim

Damages Recoverable: A successful wrongful death claim can result in compensation for various damages, including:

Funeral and burial expenses
Medical expenses incurred before the victim’s death
Loss of financial support and household services
Loss of companionship, guidance, and emotional support

Statute of Limitations

Time Limit for Filing: Like other personal injury claims in California, wrongful death claims are subject to a statute of limitations. In most cases, the statute of limitations for filing a wrongful death claim is two years from the date of the victim’s death.
Exceptions: There may be exceptions to the statute of limitations depending on the circumstances of the case, so it’s essential to consult with a knowledgeable attorney as soon as possible to understand your legal rights and options.

Importance of Legal Representation

Complex Legal Process: Pursuing a wrongful death claim can be a complex and emotionally challenging process, particularly while grieving the loss of a loved one. Having the guidance of a compassionate and experienced attorney can help you navigate the legal system and protect your interests.
Evidence Collection: An attorney will conduct a thorough investigation into the circumstances surrounding the accident to gather evidence and build a strong case on your behalf.
Negotiation and Litigation: Your attorney will handle negotiations with insurance companies and, if necessary, litigate the case in court to seek the full and fair compensation you deserve for your loss.

Conclusion

While no amount of compensation can ever fully compensate for the loss of a loved one, pursuing a wrongful death claim can provide financial support and a sense of justice for your family during this difficult time. If you’ve lost a loved one in a car accident in California, don’t hesitate to reach out to a compassionate and dedicated personal injury attorney to discuss your case and explore your options for seeking justice.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.