Though many of us were forced to stay at home for a large part of 2020 as a result of the coronavirus pandemic, unfortunately, we did not see a decrease in auto accident fatalities, in fact, we saw just the opposite. Auto accident fatalities in 2020 were approximately 38,824 in the United States, compared to approximately 36,096 in 2019, an increase of about 6.8% to 7.2%. While logically, this does not make any sense, upon closer examination, one can infer that despite a lower volume of traffic, people behaved more negligently than in previous years by speeding, texting while driving, driving while intoxicated, and more. If your loved one recently lost his or her life in an auto accident due to no fault of his or her own, you may have a valid wrongful death claim. Continue reading and speak with our Sacramento personal injury lawyer to learn more about how our firm can assist you through this difficult time.
Who is allowed to bring a wrongful death claim in California?
California law (CCP § 377.60) permits several categories of parties to file a wrongful death claim following a fatal auto accident. Those who may file include the decedent’s surviving spouse, domestic partner, children, and issue of deceased children; if there is no surviving issue, persons entitled to the decedent’s property by intestate succession (such as parents or siblings) may file. Additionally, putative spouses, children of the putative spouse, stepchildren, parents, or legal guardians who were dependent on the decedent may pursue a claim, and any minor who resided in the decedent’s household for the 180 days prior to death and was dependent on the decedent for at least half of their support may also file. Understanding your eligibility is the first step in seeking justice for your loved one.
What damages can a wrongful death claim cover?
Wrongful death claims in California can compensate families for both economic and non-economic damages resulting from the loss of a loved one. Economic damages may include medical bills incurred before your loved one’s passing, funeral and burial expenses, and the loss of financial support your family now faces. Non-economic damages address the emotional toll, including loss of companionship, loss of guidance and care. However, pain and suffering of the decedent is generally not recoverable in a wrongful death claim under California law; surviving family members may recover non-economic damages for their own losses (such as loss of companionship, comfort, and care) in a wrongful death action. The decedent’s own pre-death pain and suffering could only be pursued through a separate survival action, and that avenue for new filings expired as of January 1, 2026, when SB 447 sunset without legislative extension. An experienced Sacramento personal injury lawyer can help you pursue full and fair compensation.
How long will I have to bring a wrongful death claim in California?
In California, it is critical that you take legal action within the state’s statute of limitations. The statute of limitations for wrongful death claims in California is, generally, two years, which means that you cannot wait any longer than two years from the date of death to take legal action against the liable party. Missing this deadline can permanently bar your family from recovering compensation, regardless of the strength of your case. We understand that this is a difficult time, but our compassionate firm is here to guide you through every step of the process ahead. You are not alone.
How is liability determined in California auto accident wrongful death cases?
Establishing liability in a fatal auto accident requires demonstrating that another party’s negligence directly caused your loved one’s death. Common causes of fatal accidents include speeding, distracted driving, driving under the influence, and failure to obey traffic laws. California follows a comparative negligence system, meaning compensation may be reduced if your loved one shared any fault. A skilled wrongful death lawyer will investigate the accident, gather evidence such as police reports and witness statements, and work to hold all responsible parties accountable.
Contact our experienced California firm
Whether you’ve been injured in an accident due to negligence or you’ve lost a loved one in a fatal collision, you cannot afford to proceed without strong legal representation at your side. Here at The Law Offices of Dale R. Gomes, we are dedicated to helping all those in need of an attorney who can efficiently fight for their rights. Contact our firm today so we can discuss your case.