Car Accident Lawsuit in California

Coping with the loss or injury of a loved one is always difficult. When the loss or injury occurred as a result of negligence or a wrongful act by someone else, the pain can be that much more devastating as well as lead to grievous losses incurred by family members. If your loved one was the victim of a harmful act on behalf of the negligence of someone else that led to his or her death or injury, you may be entitled to compensation for the damages.

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Expedited Case Evaluation

Once you have completed the below form, please check your email for confirmation and next steps. While our staff typically responds to Requesters within 30-minutes of their form submission, please allow up to 24-hours for a response. We sincerely apologize for your loss. We are committed to leveraging our extensive end-of-life experience to provide guidance, support and assistance to your family during this difficult period.

Frequently Asked Questions

Qualifying Claims

Intentional Killings.

Medical Malpractice.

Automobile Accidents.

And More.

Recognized Damages

Loss of the decedent’s wages and benefits.

Medical and other health care expenses .

Funeral service and memorialization costs and expenses.

Compensation for the decedent’s pain and suffering.

Expenses related to the administration of the estate.

Loss of companionship due to the death of the decedent.

& More.

Who Can File a Claim?

Immediate family members of the decedent.

Life partners and financial dependents.

In some states, distant family members of the decedent such as siblings or grandparents may bring a wrongful death lawsuit.

In some states, other people who have suffered financial losses due to the death of decedent despite having no direct relation to the decedent may be able to file a wrongful death claim.

How are Claims Paid Out?

When a wrongful death lawsuit is settled, the at-fault party’s insurers will send a check for the full value of the settlement to your lawyer. Your attorney will then deduct their fees and other legal costs, then they will send a check for the rest to the survivors of the deceased as per the settlement agreement. 

What are the Common Causes of Car Accidents?

The most common causes are:

Reckless driving

Road rage

Distracted driving (i.e., texting while driving)

Speeding (even 5 miles over the posted limit can be deadly)

Drunk driving/driving under the influence of drugs and/or alcohol 

Driving while sleepy

Carelessness driving during poor weather conditions

Neglecting to obey traffic laws, road signs, speed limits, etc. 

Poorly designed roads or roads in need of repair

Inadequate vehicle maintenance

Defective parts on an automobile

How Does a Claim Work?

Your attorney will investigate your case by reviewing any liabilities, medical bills, and other costs that your loved one incurred before they died, as well as other forms of damages, like loss of their future earnings. 

After they complete their investigation, they will file a claim and send a settlement demand to the at-fault party’s insurance company. This settlement demand will be for an amount of compensation that your attorney believes the case is worth. The at-fault party’s insurance can negotiate until a settlement is achieved, or until your lawyer decides to take the case to trial.    

If your case does go to trial, both the insurance company and your attorney will move into a period of “discovery,” that refers to the time in which both sides are able to investigate further. This includes looking extensively into medical records, statements, reports, and any other important evidence. 

Eventually, in the event that your case does go to trial, the judge or jury will decide who was liable for the accident and determine the lawsuit’s outcome. 

What are the Factors to Recover Damages?

Medical expenses before death: If your loved one passed away after being transported to the hospital, they most likely accrued medical bills. Payment for those medical expenses is typically included as part of a wrongful death claim.

Expenses resulting from their death: Funeral and burial costs, and any other additional expenses related to a loved one’s death are usually covered in damages in the lawsuit. 

Pain and suffering before death: Injuries from a car accident can cause a tremendous amount of pain before they lead to the passing of the injured. If your loved one lived after the accident, then your attorney may seek damages for their pain and suffering.

Loss of income: Both the wages not earned due to the accident itself and future income lost that the deceased could have earned are factored into damages as part of the wrongful death action. 

Loss of their presence, support, and companionship: Whether the person you lost was a parent or a partner, this person is no longer here to provide their guidance, love, and companionship. While no amount of money can unfortunately replace this, your lawyer will most likely factor this into the figure of the lawsuit. 

Loss of the service: Perhaps your loved one didn’t work in a job outside the home but provided support to the family in other ways (i.e., provided child care, served as a caregiver for an elderly family member, cooked for the family, etc.). Losing them will most likely result in the need to hire or elect someone else to take on these services, causing a financial burden for you and your family. Therefore, the loss of these services are often factored into the wrongful death lawsuit as well.