What if a Family Member Dies in a Fatal Car Accident in California?

What if a Family Member Dies in a Fatal Car Accident in California?

Fatal car accidents happen every day in the state of California. The California Office of Traffic Safety shows that traffic fatalities increased by 7%, with close to four thousand killed in traffic accidents in 2016. Unfortunately, avoid a fatal car accident in California is becoming more difficult.
 
Those who die in car accidents leave behind families who love and depend on them. What are those families to do when left to pick up the pieces of a fatal car accident? 
 
The sudden and tragic loss of a family member can have devastating effects on the survivors. California liability laws often leave families confused on who is to blame for an accident and unsure of how to recover compensation for the cost of losing a loved one. 
 
As a leading wrongful death attorney in the state of California, Sweet James has helped guide many families through the complexities of a wrongful death claim. He will work to answer your medical and legal questions. In addition, he handles all aspects of your case so you and your family can grieve in peace. 
 
If you are looking to file a wrongful death lawsuit after your family member was killed in a fatal car accident, there is a process you will have to follow in order to pursue a claim. Here are some things you should know about wrongful death lawsuits in California:
 

California Wrongful Death

 
What qualifies as wrongful death differs from state to state. In California, wrongful death is defined as: the wrongful act or neglect of another that leads to the death of a person. 
 
If you believe that a car crash caused your loved one to die, and that someone else is liable, your wrongful death attorney will need to prove the following: 

• The deceased died from injuries that are the result of the car accident
• The negligent actions or inaction of another driver causes a car accident and subsequent death
• The family of the deceased are left with significant costs due to the injuries and death of the victim
• There is a clear representative or executor of the estate that filed the lawsuit

Who Can File a Wrongful Death Claim?

 
The correct person must file a wrongful death lawsuit. Though anyone can consult with a wrongful death attorney after the death of a family member or friend, there are a select few that can actually recover compensation. If you want your case to be successful, make sure the right person is filing the claim. 
 
The California wrongful death statute, California Code of Civil Procedure section 337.60, et seq, states that the following individuals may pursue a wrongful death claim: 

1. 1. (a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.
   2. (b) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, or parents. As used in this subdivision, “putative spouse” means the surviving spouse of a void or voidable marriage who is found to believe in good faith that the marriage to the decedent was valid.
   3. (c) A minor, whether or not qualified under subdivision (a) or (b), if, at the time of the decedent’s death, the minor resided for the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support.

This means that a spouse, domestic partner, or child may file a claim. If the deceased is not married and without children, their parents, stepchildren, or “putative” spouse/children may file. However, a person may only file if you can prove that the individual is financially dependent on the deceased.
 

What is the California Statute of Limitations for a Wrongful Death Lawsuit?

 
All states have their own laws regarding wrongful death litigation. A statute of limitations refers to a time limit placed on when someone can file charges on certain crimes. In California, family members have two years from the time of death to file suit. After two years, you will be unable to file a wrongful death lawsuit. 
 

Who is Liable after Fatal Car Accident in California?

 
In the case of a fatal car crash, someone is always liable. Because of this, the state of California requires all drivers to carry liability car insurance. This pays for any injuries that the policyholder causes to others. In most cases, the liable party’s insurance company pays out any wrongful death settlement reached. 
 
Fatal car accidents happen everyday. Who is liable in a fatal car accident depends on the specifics of the accident itself. As an experienced wrongful death attorney, Sweet James has seen the following parties be held liable in a fatal car accident lawsuit: 

1. 1. • The other driver
      • The person responsible for the at-fault driver’s state (for example, a doctor that over prescribed medication)
      • A corporation responsible for the defect that caused the crash and/or fatal injuries (for example, the makers of faulty brakes)
      • The employer of the other driver (for example, a company who employs a trucker that causes a crash while on the clock)
      • A government agency that failed to protect its citizens (improperly placed or missing warnings)

In some cases, multiple parties are liable. Consult with your wrongful death attorney in order to determine culpability. 
 

Determining Wrongful Death Settlements

 
Your wrongful death attorney will base your settlement on several things, including:
 

Losses To The Deceased’s Estate

1. • The deceased’s medical bills 
   • Lost potential income that the deceased was expected to earn
   • Funeral and burial costs

Losses To The Surviving Family Members

1. • The deceased’s earning capacity
   • Loss of anticipated financial support
   • The value of household services the deceased provided
   • Loss of community, affection, guidance, and consortium

The damages sought will depend on the nature of the accident as well as the relationship the plaintiff had with the deceased. 
 

How To File A California Wrongful Death Lawsuit

 
In order to file a wrongful death lawsuit after a fatal car accident in California, you need the expertise of a leading wrongful death attorney. With a 98% success rate, Sweet James has recovered grieving families the maximum compensation for their devastating loss. If you are suffering a tragedy, contact Sweet James today for help in putting your life back together for yourself and your family.