Car accidents are common in California. And when someone suffers a wrongful death on the road, a fatal car accident lawyer can help family members file a claim against the responsible parties. But unfortunately, not every family member can file a claim for a loved one’s wrongful death, and there are also a few things to consider.
A wrongful death can devastate the surviving family, particularly when the victim is the household’s main provider. Family members must also take care of funerary arrangements and any medical bills their loved one left. A fatal car crash attorney from Triumph Law can guide you if you lose a loved one and want to file a claim for damages.
How to File a Claim for a Fatal Car Accident?
It would be best to consider many things before filing a wrongful death claim for a fatal car accident, particularly for those who have never faced litigation. Our experienced fatal car accident attorneys suggest starting by talking to your lawyer. However, here are some other suggestions you can take to protect your right to claim damages:
Who Can File a Fatal Car Accident Claim for a Family Member?
An accident may be called “fatal” when one or more people die. In those cases, some family members are entitled to take legal action for the victims’ wrongful death. According to our fatal car accident attorneys, these are the parties that can file a claim:
- Parents
- Adult children
- Spouse
Sometimes, the deceased person’s legal representative can file a claim. That usually happens when there are no surviving family members left.
What Damages Can I Get for a Car Accident in California?
Car accidents are dangerous and can leave huge medical bills and psychological consequences for the victims. However, the case can get complicated when a loved one also experiences a wrongful death.
In a regular car accident, victims can file a claim for damages such as:
- Emergency services
- Damages to your property
- Hospital stays
- Surgeries
But remember, every case is different, and your fatal car crash lawyer is the right person to determine exactly how much your case is worth.
Damages for Wrongful Death in a Fatal Car Accident
Filing a claim for wrongful death can add a whole category of damages to an accident. When a person experiences a wrongful death, that usually represents tremendous losses for their closest family. The closest relatives can recover these damages, among many others:
- Funerary costs
- Medical bills your family member had before passing away
- Loss of inheritance
- Lost of benefits
It is possible you can also add non-economic damages such as:
- Your pain and suffering
- Loss of consortium
- Loss of companionship
- The loss of a father or mother figure for small children
Your attorney can show you which other damages may be possible to add to your fatal car accident.
Statute of Limitations for Filing a Fatal Car Accident Claim
California’s statute of limitations for filing a fatal car accident claim is generally two years from the accident date. If you’ve lost a loved one in a fatal car crash, it’s important to understand the statute of limitations for filing a claim and how it affects your case. Our California fatal car accident lawyers can help you determine the exact time limit and never miss a date.
It is important to consider there are exceptions to this rule that can shorten the filing deadline. For example, if the accident involved a government entity, you may have as little as six months to file a claim. That is one of the reasons why it is important to talk to your lawyer as soon as possible.
Proving Liability in a California Fatal Car Accident Claim
Your attorney should be able to prove that someone else was at fault for the accident to pursue a fatal car accident claim in California. To do that, they must determine the facts of the accident and include every piece of evidence they can get.
For example, your lawyer can use police reports, witness statements, and medical records as evidence, and reconstruction experts that can show how the responsible parties contributed to the accident. Your fatal car crash lawyer will also prove the impact of your injuries and losses and how the consequences will continue affecting you, probably years after the event.
Do I Need a Fatal Car Accident Attorney to File a Claim?
Filing a car accident is a complicated process that can take time and effort. In addition, victims and survivors may experience pain and suffering due to their injuries, and starting a legal process may be challenging.
A solid legal firm can help with everything related to the legal process, but they can also help you organize paperwork, collect evidence, and contact experts. The most convenient part is they will do all of that while you take time to heal your injuries and support your loved ones.
It is also worth mentioning that victims who file a claim with a lawyer tend to get better results than those who file a fatal car accident claim on their own.
Injuries that Can Lead to a Wrongful Death After a Car Crash
A car accident can be devastating, and in some cases, it can result in fatal injuries. Unfortunately, a fatal injury can become very costly for the family. Some catastrophic injuries require specialized attention, equipment, and surgeons. And sometimes, even after all of that, the victim passes away, leaving a huge hospital bill behind.
Some of the most costly injuries that can end in a wrongful death are:
- Traumatic brain injuries (TBIs). A TBI occurs when a blow or jolt damages the brain. In a car accident, a TBI can occur when the head strikes an object or when the brain is violently shaken inside the skull. TBIs can be fatal, particularly if not promptly diagnosed and treated.
- Spinal cord injuries. The spinal cord is responsible for transmitting messages between the brain and the rest of the body. When the spinal cord is damaged, it can result in paralysis or loss of bodily functions. In severe cases, spinal cord injuries can be fatal.
- Internal injuries. In a car accident, the body may be subjected to extreme forces that can cause internal injuries such as organ damage, internal bleeding, or punctured lungs. If these injuries are not treated promptly, they can lead to death.
- Chest injuries. The chest contains vital organs such as the heart and lungs. In a car accident, blunt force trauma to the chest can cause serious injuries such as a collapsed lung or ruptured heart. These injuries can be fatal if not treated immediately.
- Burn injuries. Vehicles may catch fire in high-speed car accidents, causing severe burn injuries. Burn injuries can be extremely painful and lead to complications like infection or organ failure. In severe cases, burn injuries can be fatal.
- Multiple injuries. In many car accidents, the victim may suffer from multiple injuries, some of which may be life-threatening. These injuries can include any combination of the abovementioned injuries and can result in a wrongful death claim.
Suppose you have lost a loved one in a car accident, and now you must deal with their loss and the medical bill they left behind. In that case, you may need to speak with a California fatal car accident lawyer to explore your legal options to recover all your damages.
Fatal Car Accident Lawyer in California
California laws protect those who have lost a loved one to someone else’s negligence, incompetence, or pure malice. A fatal car accident lawyer is often the key component that makes the difference between severe debt and getting the right compensation for your damages.
Surviving family members of wrongful death victims are not alone, and if that is your case, we can offer you the legal assistance you comprehensively need in these hard times. Contact Triumph Law now, and let us help you get the damages you deserve.
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