Your Guide to Wrongful Death Claim in Car Accidents
According to the National Highway Traffic Safety Administration (NHTSA), more than 35,000 car accident fatalities are reported in the United States every year. That equates to one death every 12 minutes. Most of these accidents are caused by motorists that exhibit negligent and/or reckless behavior on the road, such as:
- Distracted driving,
- Fatigued driving,
- Drunk driving, or
- Otherwise reckless driving.
A deadly car accident can happen in a flash, but the consequences can last a lifetime. Family members are often left asking, “Why? Why did we lose our loved one so suddenly and violently?” Besides emotional pain and mental anguish, survivors may suffer significant financial damages as well, especially if they were dependent upon the decedent for monetary support at the time of his or her death. All of these damages can add up, placing a heavy burden on those left behind.
If the negligence of another party caused a fatal car crash, the legal concept of wrongful death comes into play. Under the wrongful death statute, qualifying family members, dependents, and beneficiaries have the right to seek compensation for the loss of their loved one. However, they must first establish the three basic points of a wrongful death claim or suit:
- Another party was at fault for the death of the decedent;
- The claimant can prove their relationship to the deceased; and
- The death of the decedent will result in a pecuniary (monetary) loss for the claimant.
Proving these points requires substantial credible evidence. Unlike minor injury claims, wrongful deaths always require the expertise of a personal injury attorney with a proven track record of success in car accident fatality cases. There’s just too much on the line. The sooner you get legal representation, the better.
How an Attorney Can Help You Win
Since hundreds of thousands or even millions of dollars are usually at stake in wrongful death cases, it is important to retain the services of an attorney who has the training and resources to thoroughly investigate and win your case. The right wrongful death lawyer will:
- Hire investigators, accident reconstruction specialists, medical experts, and other relevant professionals to prove the other party’s liability and establish the full extent of your damages;
- Collect vital evidence, such as photos, video footage, witness statements, police and medical reports, etc., AND prevent insurance companies, individuals, and government agencies from destroying or erasing key evidence; and
- File a lawsuit and fight aggressively in court if negotiations for a full and fair settlement don’t work out.
Get the Justice You Deserve
If you have lost a loved one in a car accident caused by another party, please reach out to the experienced California wrongful death lawyers at Wilshire Law Firm for immediate legal assistance. We can help you get compensation for medical and funeral expenses, lost potential earnings, pain and suffering, and more. However, don’t delay – in California, the deadline to file for wrongful death, also known as the statute of limitation, is two years in most situations. Don’t surrender your right to obtain justice. Call us today at (800) 522-7274 and let us get started on your case.