Car accidents happen in a flash. One minute you’re in your car steering or waiting for the green light, and the next you’ve come to a sudden stop or are rolling over. The outcome is property damage, minor to severe bodily injuries, and even loss of life.
Worse, road crashes not only affect the parties involved but also their families and friends. If you’ve lost a loved one in a car accident, pursuing and receiving compensation from the responsible parties can offer some relief during such difficult times.
To know if you’re eligible for a wrongful death claim, consider reviewing your case with a fatal car accident lawyer first. This way, you’ll understand your options better and determine the best way to move forward.
Civil Claims After a Fatal Car Accident
Human error and negligence play a significant role in most road crashes. There are two primary types of legal claims that can be filed after the death of a loved one in a car accident.
A wrongful death lawsuit compensates the family and other dependents of the deceased for their losses. Such damages include funeral expenses, loss of financial support and inheritance, loss of companionship, parental guidance, and so on. A fatal car accident lawyer can quantify all these losses and determine how much settlement you should be asking for.
A survival action, on the other hand, is meant to reimburse any type of loss that the victim suffered before they died. Victims of a fatal car accident are likely to suffer severe injuries or even hospitalization before passing away. Such damages include medical expenses and lost wages.
Who Can File a Claim for a Fatal Car Accident?
When it comes to wrongful death claims, the law in California determines who can file for and collect compensation.
These include a surviving spouse, children, domestic partners, grandchildren, and any other children who were dependent on the deceased. Other parties entitled to a share of the deceased’s estate, such as creditors, can also lodge a claim in case there’s no will.
What Do I Need to Prove?
To qualify for compensation after a fatal car accident, you’ll need to prove that the other driver or responsible party was negligent. This means that they breached a duty of care and that their actions caused your loved one injuries and loss of life. You’ll also need proof of any damages claimed, including bills and receipts, doctors’ reports, and an estimation of the inheritance that the survivors have lost.
All these might be challenging to prove, especially if you’re doing it without help from a professional. An experienced attorney will know what and where to look when proving a wrongful death.
Seek Help from a Fatal Car Accident Lawyer
Pursuing compensation for your loved one after a fatal car crash may not cross your mind at first. However, receiving a settlement for all the damages you’ve suffered will help reimburse out-of-pocket expenses, and offer comfort for other intangible losses.
Call The Kindley Law Firm, APC, at 619-550-1313 to speak with a fatal car accident lawyer about your loved ones’ accident. You can also send a message through our contact form below to get started.
