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Filing a wrongful death claim after a traffic accident

On Behalf of | Oct 30, 2024 | Personal Injury

The aftermath of a fatal traffic accident extends far beyond the crash site. The California Office of Traffic Safety recorded a troubling 7.6% increase in traffic-related fatalities, from 3,980 in 2020 to 4,285 in 2021. When these tragic incidents result from someone else’s negligence or wrongful actions, the families of the victims may have grounds for a wrongful death claim.

What qualifies as a wrongful death in a traffic accident?

When a person dies due to the negligent, reckless or intentional actions of another party on the road, it can be grounds for a wrongful death claim. This usually involves fatal crashes where:

  • A driver was distracted or under the influence of alcohol or drugs
  • A trucking company failed to maintain its vehicles
  • A government entity neglected road maintenance

The key factor is that a person or party failed to exercise reasonable care, which directly led to the fatal accident.

What is the process for filing a wrongful death claim?

To file a wrongful death claim, you must be the deceased person’s surviving spouse, domestic partner or child. If there is no surviving spouse or children, other family members, such as parents or siblings, may be eligible. While each case is different, it generally involves the following steps:

  • Gathering evidence such as police reports, witness statements and expert testimonies
  • Identifying the responsible parties, which could be individual drivers, companies or government entities
  • Filing a complaint in the appropriate court
  • Engaging in the legal process, which may involve negotiations, mediation or going to trial

In California, the time limit for filing a wrongful death claim is generally two years from the date of death. However, the time limit may be much shorter if the claim is against a government entity.

If the court finds in favor of the claimant, they may award compensation for various damages, including medical expenses, lost income the deceased would have earned and intangible losses such as loss of love and companionship. In some cases, the court may also award punitive damages if the defendant’s actions were particularly extreme or outrageous.

You don’t have to face this alone

In the wake of a tragic car accident, legal matters may be the last thing on your mind. However, consulting with an attorney can help you understand your options and protect your family’s rights.

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