What You Should Know When Filing a Wrongful Death Claim After a Tragic Traffic Accident
The tragedy of losing a loved one in an unexpected traffic accident can be difficult to overcome. When people lose a loved one, the emotional pain coupled with the financial burden that arises after the sudden passing can be difficult to cope with. Although no amount of money in the world can ever replace a loved one, filing a wrongful death lawsuit against the party that caused the accident can help alleviate the financial burdens faced after the accident.
What Constitutes a Wrongful Death in California?
Wrongful death cases are filed by the survivors of the deceased when the fatal death was caused by another’s negligence. Wrongful death cases can be filed whether or not the victim was killed immediately after the accident or later died as a result of his or her injuries.
In California, motorists have a legal standard of care when driving. This means they must drive in a manner that reasonably ensures the safety of others on the road. When a motorist fails to take reasonable care in avoiding harming another, this failure can be considered negligence. If negligence was a factor in causing the victim’s death, the victim’s family may have a valid wrongful death case.
What Can Be Expected When Seeking Wrongful Death Damages
Wrongful death lawsuits are civil actions the surviving family will bring against another party for causing the death of their loved one. Wrongful death claims are separate from criminal court cases, and upon successful cases, the family may recover a financial award for their losses.
Depending on various factors, the victim’s family can recover compensation for the following damages: The victim’s medical expenses incurred before passing, Funeral, burial, and/or cremation services for the victim, Emotional trauma and depression, Loss of the victim’s income and benefits, Loss of the inheritance, Loss of companionship, and Loss of relationship.
The Importance of a Wrongful Death Attorney
Wrongful death cases in California are complex and usually involve more than one at-fault party. After the tragic loss of a loved one, many families find it difficult to concentrate on anything else other than the pain they feel brought by the death of their loved one. By seeking the legal support of a qualified wrongful death attorney, families can focus on mourning the loss of their loved one while the attorney handles the investigations required by the case. A skilled wrongful death attorney will evaluate the evidence collected from the scene and police officers. More importantly, a qualified wrongful death attorney will ensure the family recovers the highest amount of compensation available.
If you have recently lost a loved one in a tragic traffic accident, take immediate action and seek legal counsel from a well-versed wrongful death attorney. For many years, the wrongful death attorneys at Milligan, Beswick, Levine, & Knox, LLP have championed on behalf of families who have lost a loved one who perished in a traffic accident. To obtain a no-obligation consultation with the litigators at Milligan, Beswick, Levine, & Knox, LLP, consider contacting them today.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.