Wrongful deaths are those that are not legally justified. Deaths caused as a result of a careless or negligent driver are never justified. When a car accident has led to a wrongful death, the victim’s surviving family members can recover monetary compensation for their losses by filing a claim against the wrongdoer.
Traffic accidents that lead to fatal injuries are not uncommon. According to data published by the California Office of Traffic Safety, there were 3,563 traffic fatalities in 2018. Although there are many reasons a fatal traffic accident can occur, more most occur as a result of another driver’s negligence. The State of California defines negligence as the failure to use a reasonable sense of care in the prevention of injury or harm to others.
When a negligent driver has caused a fatal traffic accident, the victim’s family has the legal right to pursue a wrongful death lawsuit against the liable driver for damages.
Causes of Wrongful Death Auto Accidents
Traffic accidents almost always result from a reckless action or the negligent failure to act. Examples of actions or inactions that can result in a fatal collision include, but are not limited to the following: Driving too fast for weather or road conditions, Driving while under the influence, Failure to yield for oncoming traffic, Failure to stop, Failure to check before entering into an intersection, Distracted driving, and Driving while fatigued.
Based on California wrongful death law, compensation can still be recovered even when the accident was partially caused by the victim’s own wrongdoing.
Wrongful Death Case Eligibility
When a person has lost his or her life as a result of another’s negligence, his or her relatives can seek compensation by filing a wrongful death case. In California, only eligible family members can seek compensation, and this may include the following: The victim’s spouse or registered domestic partner, The victim’s children, The victim’s parents, or Other dependents of the victim.
Compensation Available After the Death of a Loved One
Following the tragic and unexpected death of a loved one, financial losses may ensue. As a result, it is important for grieving families to consider pursuing a case against the negligent driver. Wrongful death cases offer the following types of damages:
1. Economic Damages
These damages can include, but are not limited to:
- The costs for emergency medical treatment the victim received before passing;
- The loss of the victim’s earnings, benefits, and earning potential; and
- The loss of household services provided by the victim before his or her passing.
2. Non-Economic Damages
Non-economic damages can include the following:
- Loss of companionship, care, love and affection;
- The loss of moral support;
- A child’s loss of guidance and parental direction; and
- Emotional distress.
How a Proficient Wrongful Death Case Can Help
The unexpected loss of a loved one will always be a difficult experience. As challenging as it is, it is important for families to understand that they should not carry the financial burdens associated with the loss of their loved one. When a car accident has led to the sudden death of a loved one, the negligent driver should be held responsible.
SANFORD A. KASSEL, A Professional Law Corporation is committed to the pursuit of justice for grieving family members who have lost a loved one in a tragic car accident. If you have recently lost a family member in a car accident caused by another’s negligence, consider obtaining the guidance of SANFORD A. KASSEL, A Professional Law Corporation to file a wrongful death case. Contact the firm today for a free initial consultation.
