A car accident is always a traumatic event, but when it results in the death of a loved one, the emotional toll can be overwhelming. Beyond the grief and loss, there are legal processes that must be navigated to ensure justice and compensation for the victim’s family. This post will explore what happens when someone dies because of a car accident in Sherman Oaks, CA, and what steps you need to take.
The Legal Definition of Wrongful Death
What It Means:
In California, a wrongful death occurs when a person dies due to the negligence or misconduct of another party. This could be the result of reckless driving, DUI, or any other form of negligence behind the wheel.
Who Can File a Wrongful Death Claim?
- Immediate Family Members: Typically, the spouse, children, or parents of the deceased can file a wrongful death claim.
- Legal Dependents: In some cases, individuals who were financially dependent on the deceased, such as stepchildren, may also have the right to file a claim.
Key Steps to Take After a Fatal Car Accident
Report the Accident:- Call 911: Ensure that law enforcement and emergency services are immediately notified.
- Document the Scene: If possible, gather evidence such as photos, witness statements, and any other relevant information at the scene.
- Why It Matters: The police report will contain essential details about the accident, including the officer’s assessment of who was at fault.
- How to Get It: You can request a copy of the police report from the local law enforcement agency that responded to the accident.
Understanding the Statute of Limitations
Timeframe to File a Claim:
In California, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased’s passing. This means you have a limited time to pursue legal action, so it’s important to act quickly.
Exceptions to the Rule:
There are some circumstances where the statute of limitations might be extended, such as when the cause of death is not immediately apparent or if the defendant is a government entity.
If you’re unsure about how much time you have to file a claim, our article on the Statute of Limitations for Car Accidents in Sherman Oaks, CA provides more insight.
Potential Compensation in Wrongful Death Cases
Types of Damages:
In a wrongful death case, the family of the deceased may be entitled to various forms of compensation, including:
- Economic Damages: These cover financial losses such as funeral and burial expenses, lost income, and medical bills incurred before the death.
- Non-Economic Damages: These address intangible losses such as pain and suffering, loss of companionship, and emotional distress.
How Compensation is Determined:
The amount of compensation awarded in a wrongful death case depends on several factors, including the deceased’s age, health, earning potential, and the circumstances of the accident.
How We Can Help You
At Weiss & Farrokh, we understand that no amount of money can ever replace a lost loved one. However, a wrongful death claim can provide financial stability and a sense of justice during a difficult time. Our team is here to help you navigate the legal process with compassion and expertise, ensuring that you receive the compensation and closure you deserve.
Losing a loved one in a car accident is a devastating experience that can leave you feeling lost and unsure of what to do next. Understanding the legal processes involved in a wrongful death case is the first step toward seeking justice for your loved one. If you find yourself in this situation, know that help is available to guide you through the legal complexities and support you during this challenging time.
