The loss of a loved one is a devastating experience. It also raises many questions for surviving family members. These family members are now navigating a difficult landscape. The loss of a loved one presents unique financial, emotional, and estate settling challenges. A fatal California car accident can shape your life in significant ways, and having a lawyer to support you during this time is essential.
If you know or have reason to believe that another person’s reckless behavior claimed your loved one’s life, you need to speak to an attorney as soon as possible. Time is limited after a fatal California car accident; do not wait long to ask questions or act.
Who Can File Suit After a Fatal California Car Accident?
Family members may not realize that they could be eligible to pursue a wrongful death lawsuit. After a fatal car accident, certain family members are eligible to initiate a lawsuit under the California Code of Civil Procedure 377,60. The following family members can sue in fatal car accidents:
- The deceased person’s children or grandchildren
- The deceased person’s domestic partner or spouse
- The deceased person’s legal guardians or parents
Although it’s likely the case that your entire family is dealing with the fallout of the accident, only the above-named people can open a legal claim.
Kinds of Compensation Pursued Following Fatal California Car Accidents
No amount of money can replace the significant loss of a beloved family member. Wrongful death car accident lawsuits in California, however, can help you recover some compensation that allows you to open the next chapter of your family’s life. Compensation could be collected for things such as loss of society, loss of wages, loss of support, medical expenses, loss of companionship, pain and suffering, emotional distress, mental anguish, and loss of consortium. It can be hard on your own to calculate the financial impact associated with the loss of your loved one’s household contributions. Many family dynamics can also shift after this devastating loss.
Filing a Lawsuit: Deadlines to Know
Filing a wrongful death lawsuit with the help of an experienced injury lawyer may be the first step towards allowing you to recoup some of your loved one’s household familial or financial contributions. Your legal team can sit down with you to discuss the potential types of compensation you can pursue and what the process will look like. You do need to comply with state filing deadlines, so it is beneficial to reach out to a personal injury lawyer sooner rather than later. In Los Angeles, you typically have no later than two years from the date of your loved one’s death to open your wrongful death lawsuit.
Your attorney may use various pieces of evidence to open this claim. This could include their death certificate, medical records, or the official crash report. It can help to have this information in hand before you meet with your wrongful death lawyer.
How Will a Lawyer Help with a Wrongful Death Claim?
Your lawyer will play a key role in reviewing the specifics of your case and providing guidance about your options. Most family members are overwhelmed, frazzled, and devastated all at the same time. This can make it hard for them to know all their rights and what to do next.
Note that experienced wrongful death attorneys will simultaneously prepare your claim for settlement as well as trial. A knowledgeable attorney may be able to reach a fair compensation settlement in discussions with the other involved parties, but will equally be prepared with evidence should your case go to trial. A financial settlement on your behalf means that you would agree on a set amount of monetary compensation that would absolve the other party of any further financial compensation beyond the settlement amount.
On your own, it can be challenging to navigate this process and determine when you’ve received a fair settlement offer. Having an attorney in your corner from the outset of your case, however, can make you feel much more prepared for this process and allow you and your family to navigate the difficult steps of losing a loved one.
Let our Westlake Village lawyers help your family during this challenging time. Knowing your rights and staying organized as you open a claim are important.
