Car accident injuries can range from minor to catastrophic. Unfortunately, car accident injuries can also result in wrongful death. When a loved one is lost due to another party’s negligence, pursuing legal action may be the last thing on your mind. However, it’s vital to hold the people who are at fault accountable for the harm they have caused.
At Delfino Green & Green, our personal injury attorneys understand the challenges families face after a tragic loss. Our lawyers can help you file a wrongful death claim and will remain in your corner every step of the way. If your family has suffered a loss due to a vehicle crash, our fatal car accident lawyers will fight for your rights.
Wrongful Death Claims and Lawsuits
A wrongful death claim occurs when a person dies due to someone else’s negligence or misconduct. In fatal car accidents, a wrongful death lawsuit often targets drivers who were:
- Reckless
- Distracted
- Intoxicated
- Otherwise careless or negligent
Negligence often plays a key role when filing a wrongful death lawsuit. Your fatal car accident lawyer will need to demonstrate negligence by proving all of the following:
- The other party owed your loved one a duty of care
- They breached that duty
- The breach caused the incident
- Your loved one suffered harm
In wrongful death cases, the harm is apparent. Therefore, your fatal car accident lawyer will primarily focus on establishing the negligence of the other party and linking that negligent behavior to your loved one’s death.
Who Can File a Wrongful Death Claim in California?
The California Code of Civil Procedure defines who can file a wrongful death lawsuit in section 377.60. You may file a wrongful death claim if you are:
- The surviving spouse or domestic partner
- A child of the deceased
- The parent or other dependent (if there is no surviving spouse or child)
- The representative of the deceased person’s estate
Typically, wrongful death claims are filed by the victim’s family members. However, extended family members, such as cousins or siblings, cannot file a wrongful death lawsuit.
If you are a surviving family member and have questions about your ability to file, our personal injury lawyers can help. Our goal is to recover compensation on your behalf and hold negligent parties accountable for the loss of your loved ones.
Common Causes of Fatal Car Accidents
California fatal car accident statistics provide some insights into the causes of fatal crashes. According to the California Office of Traffic Safety, traffic fatalities increased by 7.6% from 2020 to 2021, resulting in 4,285 fatal accidents. 1,370 of these crashes involved a driver with a blood alcohol concentration (BAC) that exceeded the legal limit of 0.08%.
Drunk or impaired driving represents a common cause of fatal car accidents in California. Some other potential causes include the following:
- Distracted Driving: Texting or using in-car entertainment systems
- Speeding: Ignoring speed limits or performing aggressive maneuvers
- Failure to Obey Traffic Laws: Running red lights or stop signs
- Vehicle Defects: Vehicle manufacturer defects or an operator’s failure to keep their vehicle in good working order
- Road Conditions: Dangerous road conditions, such as broken lights or faulty railings
- Fatigue: Driving while tired, resulting in slower reaction times
If your loved one lost their life due to any of these causes, seeking legal representation from a fatal car accident lawyer can help you seek fair compensation and hold the at-fault party accountable for their actions.
Compensation for Fatal Car Accidents
No amount of money will replace your loved one. When family members choose to seek compensation after a fatal car accident, the goal is to recover damages for the financial and emotional hardships caused by the incident. Your family may be able to request compensation for the following in a wrongful death car accident lawsuit:
Medical Expenses Incurred Before Death
The last thing you want to face after the loss of a loved one is a mountain of medical bills. If your deceased loved one incurred significant medical bills following their personal injury, you may be able to seek compensation for those expenses. A fair settlement will provide sufficient money to settle all outstanding medical bills so that you don’t have to bear your loved one’s medical debt.
Funeral and Burial Expenses
A wrongful death claim will also account for funeral costs and burial expenses. These costs can vary greatly, depending on your loved one’s last wishes and preferred funeral arrangements. It’s important to calculate all costs and save any receipts associated with funeral and burial costs so that your attorney can request adequate compensation.
Loss of Financial Support
If you are a dependent or spouse of a deceased family member, you may also be able to seek compensation for loss of financial support. These calculations will include lost wages and benefits the deceased would have earned. This represents one of the most significant types of compensation awarded following a deadly accident.
Pain and Suffering
Fatal car accident cases cause a significant amount of pain and emotional trauma for your family. An experienced personal injury attorney can assess the facts of your case in pursuit of maximum compensation.
Loss of Companionship
Loss of companionship refers to the loss of intimacy and emotional support that occurs after a fatal car accident case. The bottom line is that a deadly accident deprives you of your loved one.
To receive fair compensation, you’ll need an experienced attorney on your side. Delfino Green & Green can provide a free consultation and identify what types of compensation you may be eligible to receive.
The Role of a Car Accident Lawyer
After a deadly accident, the negligent driver and their insurance company will often do whatever they can to minimize payouts. A fatal car accident lawyer provides essential legal support and fights for your rights. The experienced legal team at Delfino Green & Green will negotiate for you, and if necessary, we will take your case to trial.
The Legal Process
Here’s a step-by-step glimpse into the legal process and how a car accident attorney can help. The steps include the following:
A Free Consultation
Delfino Green & Green provides free consultations to all personal injury clients. Our attorneys also offer free consultations for wrongful death car accident cases. During your meeting, we will evaluate your claim and help you decide your next steps.
If your loved one has been killed due to another’s negligence, it’s important to act fast. The sooner you connect with our team, the easier it will be to track down witnesses and preserve evidence.
Investigating the Accident
Once you hire our team to take the case, we will begin investigating the car accident. Our attorneys will request police reports, review witness statements, and obtain any other relevant evidence. Delfino Green & Green frequently brings in expert witnesses to provide testimony and prove that the other party was liable.
Filing the Appropriate Paperwork
Our attorneys will file all relevant court documents and keep track of important hearing deadlines. We understand the importance of open and transparent communication during wrongful death car accident claims. Our team will keep you in the loop every step of the way.
Negotiating With the Insurance Company
Next, we will begin negotiating with the insurance company. Many wrongful death and personal injury claims are settled out of court. Our experienced negotiators have gone toe-to-toe with some of the nation’s largest insurance companies and won’t back down.
Representing You in Court
If the insurance company refuses to offer fair compensation, Delfino Green & Green won’t hesitate to take the case to court. Our attorneys will present strong arguments in support of your claim and pursue a judgment in your favor.
Contact a Fatal Car Accident Lawyer From Delfino Green & Green
The fatal car accident lawyers at Delfino Green & Green are here to help if you have lost a loved one in a catastrophic car accident. Our experienced legal team has recovered tens of millions of dollars for our clients. Contact us today for a free consultation to discuss your case.
Fatal Car Accident Frequently Asked Questions
How Long Do I Have to File a Wrongful Death Claim in California?
California law requires wrongful death claims to be filed within two years of the accident date. However, it’s important to initiate your claim as soon as possible. Don’t wait weeks or months to talk to an attorney. If you believe you have grounds to file a wrongful death claim, book a free case evaluation with Delfino Green & Green.
One of our attorneys will review your case and begin the process of seeking justice for your loved one. The sooner you connect with our team, the better our odds of preserving important evidence and tracking down witnesses.
What if My Loved One Was Partially at Fault for the Accident?
California follows a comparative negligence rule. This means that you may still be able to receive compensation, even if your loved one was partially at fault. Typically, the amount you receive will be reduced based on your loved one’s percentage of fault.
A fatal car accident lawyer will evaluate the specifics of the case and determine whether your loved one contributed to the accident. They will also be able to determine how those contributions may impact your ability to seek compensation.
How Much Is a Wrongful Death Lawsuit Worth?
Every case is unique. The amount of compensation you may be eligible to receive will vary based on lost earnings, emotional damages, and your relationship with the deceased. A fatal car accident lawyer can assess your case and provide an estimate of potential compensation.
How Long Will It Take to Settle My Case?
There are no set timelines for wrongful death claims. If the insurance company is willing to negotiate in good faith, it may be possible to settle your case in a few months. However, taking your case to trial will take longer. Delfino Green & Green strives to resolve client cases as quickly as possible while also obtaining fair compensation.
How Much Does It Cost to Hire a Fatal Car Accident Lawyer?
Delfino Green & Green offers free consultations and charges on a contingency fee basis. This means you will not pay our firm unless we recover compensation on your behalf. If we win your case, we will charge a percentage of the settlement amount.