Losing a loved one in a fatal car accident is devastating. Knowing when and how to file a claim on their behalf is often an overwhelming and personally difficult process. However, having a Los Angeles fatal car accident lawyer on your side can ease the stress by taking on the heavy lifting.
At Triumph Law, our compassionate Los Angeles car accident lawyer can gather evidence supporting your claim, prepare and file all important paperwork, and fight for the justice your loved one deserves.
How Triumph Law Investigates a Fatal Car Accident
At Triumph Law, we understand that a thorough and methodical investigation protects your rights and your claim. We strive to uncover the true cause of this tragedy so we can hold all responsible parties accountable.
Review and Collect Evidence
We start by reviewing official accident reports, evidence from the scene, medical records, and visiting the crash site. Our fatal car accident attorney serving Los Angeles can collaborate with reconstruction experts to understand the full picture.
This may also entail recovering footage or black box data, depending on the automobile involved. If a commercial vehicle caused your loved oneโs accident, a fatal truck accident attorney may need to formally request the data before evidence is destroyed in repairs.
Establish Negligence
Our Los Angeles personal injury lawyers also know how critical it is to establish negligence when you file a wrongful death claim in California. A fatal car accident is predominantly caused by reckless driving or impaired driving.
Our detailed approach strengthens your fatal car accident claim in Los Angeles. It also increases the likelihood of holding the negligent party responsible for this tragedy.
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(916) 500-0000Filing a Fatal Car Accident Claim on Behalf of Your Loved One
Filing a wrongful death claim after a car accident allows you and other surviving family members the ability to hold the responsible party accountable.
Who Can File a Claim?
The California, the California Code of Civil Procedure ยงยง 377.10-377.60 states that the surviving spouse, domestic partner, or children have the right to file a fatal car accident claim.
In rare cases where there is no spouse or surviving children, the decedentโs parents may file. Generally, the rules are similar to inheritance laws for eligibility.
Important Evidence for a Fatal Car Accident Claim
Filing a fatal car accident claim involves gathering critical evidence. Some important documents will be all medical records pertaining to the accident, available police reports and witness statements, as well as any pictures of the scene or dashcam footage.
Deadlines
Filing a successful claim relies greatly on meeting all deadlines. Gathering supporting documents and records can be time-consuming. In addition, insurance companies may ask for more with additional deadlines to meet.
A Los Angeles wrongful death lawyer can help you and your family through the process to protect the integrity of your claim.
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(916) 500-0000 Protect Your Claim By Filing Before the Deadline
In California, your filing deadline is just two years. Under California Code of Civil Procedure ยง 335.1, the statute of limitations is 24 months from the date of death. If you miss the filing deadline, you may not be able to pursue your claim.
Nonetheless, certain exceptions may apply, depending on the circumstances of your unique situation. For example, if the negligent party is a government agency, a claim must be filed within six months (Gov. Code, ยง 810 et seq.)
Contacting a Los Angeles fatal car accident attorney immediately allows you to avoid missing deadlines, preserves evidence, and helps prevent potential errors that could jeopardize your claim.
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(916) 500-0000 Potential Damages in a Fatal Car Accident in Los Angeles
When you pursue a fatal car accident claim, we understand monetary compensation isnโt the primary goal. However, it can help with unforeseen financial hardships.
Potential damages may include:
- Funeral or burial expenses
- Lost wages and benefits of the deceased
- Loss of future income
- Medical expenses
- Pain and suffering of the family
- Emotional distress
- Loss of companionship
While punitive damages are generally not awarded in fatal car accident claims, the estate can file a survival action (Code of Civil Procedure (CCP) ยง 377.34) and seek them.
Survival Action Under California Law
In order for punitive damages to apply, the responsible party will need to have committed fraud or malice, like drunk driving or extreme recklessness.
In addition, you must establish that your loved one suffered some economic loss before death. It is best to speak to your attorney to see all the damages that can be claimed.
Common Factors that Contribute to Fatal Car Accidents
Car and truck accidents are common on California roads. However, fatal car accidents often result from preventable behaviors, including:
- Driving while under the influence of drugs or alcohol
- Distracted driving, including texting or filming short videos
- Excessive speeding, especially when road conditions are poor
- Fatigued or drowsy driving
When a driver is under the influence, they may drive the wrong way down the street, causing a head-on collision. Impaired or drowsy drivers often fail to brake in time, hitting other vehicles at full speed. Negligent driving increases the severity of the car crash, making fatalities far more likely.
Fatal Car Accident Statistics in Los Angeles
In the last reporting year, overall traffic fatalities have decreased. According to the California Office of Traffic Safety, more than 4,000 fatalities occurred, marking an 11% decrease. However, alcohol impaired driving remained high, claiming over 1,300 lives.
Trust Your Claim to Our Fatal Car Accident Attorney Today
At Triumph Law, we understand that choosing the right attorney can make all the difference in your claim. Our compassionate fatal car accident lawyers serving Los Angeles are here to help you through this difficult time.
We have successfully recovered compensation for families across Southern California. We are committed to our clients, providing support and clarity throughout the process.
Reach out for a free consultation today.