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Filing a Wrongful Death Claim for the Death of a Loved One Killed In a Motor Vehicle Accident

| Feb 15, 2019 | Motor Vehicle Accidents, Wrongful Death

According to data collected by the U.S. Department of Transportation’s National Highway Traffic Safety Administration, approximately 37 thousand people lost their lives due to road related incidents in 2016. Among the fatalities, the collected studies indicate that negligent behaviors contributed to the increase of deaths. Roadway safety is not new to drivers as every person who operates a vehicle is legally obligated to maintain a current driver’s license which continually tests their knowledge, ability and understanding of the rules of the road. Drivers across the nation owe it to other drivers the reasonable duty of driving safely and many drivers rely on this.

Unfortunately, despite the amount of care or precaution any driver can maintain, there is always the potential of being struck by a careless motorist. According to the research, thousands of innocent victims lose their lives as a result of careless or negligent drivers. If you or someone you know has recently lost a loved one as a result of a reckless driver in the State of California, consider speaking to a knowledgeable attorney. Mourning the loss of a loved one can be an extremely difficult process. Regrettably, it can also be extremely costly. Seek the legal support of a specialized attorney who can help you seek the financial support you need to continue through this difficult time.

Different Causes of Wrongful Death Auto Accidents

An auto accident can happen as a result of many factors. Many accidents can occur as a result of negligence. The following are some of the most common reasons behind negligent auto accidents:

  • Impaired driving such as driving while intoxicated on a substance
  • Excessive speeds
  • Driving fast for current roadway conditions
  • Reckless driving
  • Failure to yield, stop, or failure to abide by other road signs
  • Failure to carefully enter into an intersection
  • Failure to check blind spots
  • Distracted driving such as using a handheld device
  • Falling asleep while driving

There are countless of other reasons that could cause a needless car accident as the result of a negligent or at-fault driver.  Under California law, a victim’s survivors are entitled to seek financial compensation for the wrongful death of his or her loved one. Wrongful death claims, however, fall under California’s statute of limitations. If you are seeking to file a claim, you will need to do so under the allowable period of time. Consider seeking the legal support of an attorney who has experience in handling wrongful death claims.

Filing a Wrongful Death Claim

It is worth noting that not every victim’s survivors are entitled to file a wrongful death claim. Generally, only the victim’s immediate family can file a claim, but in some cases others are able to do so as well. The most common parties who are may be able to file a wrongful death claim may include the following parties:

  • The victim’s spouse or domestic partner
  • The victim’s dependents or children
  • The victim’s parents

The Bottom Line: File a Wrongful Death Claim for the Loss of a Loved One after an Auto Accident

The sudden loss of a loved one after a car accident can lead to a serious amount of emotional pain and financial difficulty. Often times, victims suffer through physical pain before succumbing to the injuries. No matter the amount of time spent in a hospital, hospital bills can quickly add up. Additionally, many mourning families are also left with heavy funeral expenses. If you have lost a loved one as a result of an auto accident, you may have the legal right to pursue a wrongful death claim, speak to an attorney who can help you file a claim.

The attorneys at Martinez & Schill, LLP, are highly dedicated to helping those who have lost a loved one as a result of an auto-related injury seek the financial compensation they deserve. The firm’s expertise in the field of wrongful death lawsuits has helped many victims on their road to recovery.