We all wish that our loved ones will live forever. Tragically, an unfortunate few just don't survive a motor vehicle collision. There is nothing that can fill up the emptiness and grief coming from losing a loved one in a motor vehicle collision. But the California legal system does allow for certain family members to be compensated for the death of their loved one.

Wrongful death in a car crash refers to a circumstance where the negligence of a driver causes a death of a pedestrian or another driver. California law states that the loved ones of an adult who suffered a wrongful death are entitled to compensation for their loss. 

WHO CAN MAKE A CLAIM?

Only family members of a victim can file a claim for wrongful death. Potentially, only the spouse and children of the victim can file such a claim. However, in a circumstance where the victim dies without any spouse and children, the parents may file a claim, and there are other circumstances where other family members can file a claim.

WHAT ARE DIFFERENT TYPES OF WRONGFUL DEATH DAMAGES?

Compensation in the legal terms is often referred to as “damages”. There are two types of damages for wrongful death:

Economic Damages

Economic damages are quantifiable in terms of economical loss suffered due to the wrongful death of the decedent.  Importantly, loved ones are entitled to economic damages for the loss of finances that the deceased would have provided to the loved ones, loss for medical expenditure spent by you to try and save the deceased, funeral and burial expenses etc. 

Non-Economic Damages

Non-economic damages cannot be mathematically qualified because they include the loss of love, affection, and moral support due to the wrongful death of the deceased. Such types are more difficult to determine. There is no set standard formula or solution in calculating such damages. Here, the court decides on a reasonable sum taking into consideration the  facts and evidence of each case.  Here is where the development of the evidence is critical to a good outcome.

WHEN SHOULD THE LOVED ONES FILE A CLAIM?

The claim for wrongful death of your loved one must be filed within two years after the wrongful death of your loved one. The very reason for filing a claim promptly is because of California's law limiting the time to file (two years). 

CONCLUSION

As we discussed, if you're loved one (s) have suffered a wrongful death, reach out to me for free case evaluation or to answer any questions you may have.