How to Pursue a Wrongful Death Claim?

What to Do After Losing a Loved One in a Catastrophic Motor Vehicle Accident: A Guide to Pursuing a Wrongful Death Claim in California

The sudden and tragic loss of a loved one in a motor vehicle accident is an unimaginable experience. During this difficult time, it is important to understand that you may have the right to seek justice and compensation through a wrongful death claim. California law provides a legal pathway for surviving family members to hold the responsible parties accountable for their actions. This article will guide you through the necessary steps to pursue a wrongful death claim in California and help you understand what to expect during the process.

Understanding Wrongful Death Claims in California

Under California law, a wrongful death claim can be filed when a person’s death is caused by the wrongful act or negligence of another party. This type of legal action is intended to compensate the surviving family members for their losses, including financial support, emotional suffering, and the loss of companionship.

The key statute governing wrongful death claims in California is California Code of Civil Procedure Section 377.60. This statute outlines who is eligible to file a wrongful death claim, which includes the deceased person’s spouse, domestic partner, children, and in some cases, other dependents or heirs.

Step 1: Determine Eligibility to File a Wrongful Death Claim

The first step in pursuing a wrongful death claim is determining whether you are eligible to file. In California, the following parties are generally eligible:

• The deceased person’s surviving spouse or domestic partner
• The deceased person’s surviving children
• If there is no surviving spouse, domestic partner, or children, other dependents, such as the deceased’s parents or siblings, may be eligible to file a claim.

If you are unsure about your eligibility, it is advisable to consult with a wrongful death attorney who can clarify your rights and guide you through the process.

Step 2: Gather Evidence and Documentation

To build a strong wrongful death case, it is essential to gather as much evidence as possible. This may include:

• Police Reports: Obtain a copy of the police report from the accident, which will contain crucial details about the incident, including the cause and any parties involved.
• Medical Records: Collect all relevant medical records that document the injuries your loved one sustained before passing away.
• Witness Statements: Gather statements from any witnesses who saw the accident or have information about the events leading up to it.
• Accident Scene Evidence: Photos, videos, and any other documentation of the accident scene, vehicle damage, and road conditions can be invaluable in proving negligence. Step 3: File a Claim Within the Statute of Limitations

In California, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person’s death. It is crucial to file your claim within this time frame, as missing the deadline may result in losing your right to seek compensation.

Step 4: Identify the Responsible Parties

Identifying all parties responsible for your loved one’s death is a critical step in a wrongful death case. This may include:

• The driver of the other vehicle involved in the accident
• The employer of the driver, if the accident involved a commercial vehicle
• Manufacturers of defective vehicle parts, if a defect contributed to the accident
• Government entities responsible for road maintenance, if poor road conditions played a role

An experienced wrongful death attorney can help you identify all potential defendants in your case to ensure that you pursue the maximum compensation available.

Step 5: Calculate the Damages

The damages in a wrongful death claim are intended to compensate for both economic and non-economic losses. Economic damages may include:

• Funeral and burial expenses
• Loss of financial support that the deceased would have provided
• Loss of benefits, such as health insurance and pension

Non-economic damages may include:

• Compensation for the loss of companionship, love, and moral support
• Compensation for the emotional suffering experienced by the surviving family members

In some cases, punitive damages may also be awarded if the defendant’s actions were particularly egregious or reckless.

Step 6: Consult with an Experienced Wrongful Death Attorney

Pursuing a wrongful death claim can be a complex and emotionally taxing process. It is important to consult with an experienced wrongful death attorney who can guide you through the legal process, handle negotiations with insurance companies, and represent your interests in court if necessary.

At our law office, we understand the profound impact that the loss of a loved one can have on a family. We are committed to providing compassionate and dedicated legal representation to help you seek justice and secure the compensation you deserve. Our team is available 24/7 to provide a free consultation and evaluate your case.

Relevant Cases in California

Several key cases in California illustrate the application of wrongful death laws, such as Norgart v. Upjohn Co., 21 Cal. 4th 383 (1999), which discusses the statute of limitations and the discovery rule, and Corder v. Corder, 41 Cal. 4th 644 (2007), which clarifies the recovery of non-economic damages in wrongful death actions.

If you believe that you or a loved one is in need of legal services, please contact our office to speak with an experienced attorney for free. Please contact our office at (833) 952-9669 or email the team at [email protected].