Yes, you have the right to file a wrongful death claim if your loved one dies in a pedestrian car accident in Calabasas due to another driver’s negligence.
While there are particular challenges you will encounter in a wrongful death claim, a Calabasas personal injury attorney can help you examine your case and determine the legal options that will give justice to your loss.
What Is a Wrongful Death Claim?
A wrongful death claim arises when a victim’s death results from someone else’s negligence.
Typically, surviving spouses or relatives of the deceased may file a wrongful death claim to retrieve restitution for the damages of the accident. This type of claim primarily focuses on the death of the victim. However, you may also include other damages, such as vehicle repair or replacement costs and emotional loss of financial life support.
For instance, you lost your spouse in a car accident caused by a truck driver. In this case, you may pursue a wrongful death claim against the truck driver’s company to receive compensation for the damages of the crash.
How Long Can You Sue for Wrongful Death?
If your loved one is involved in a pedestrian accident in Calabasas, resulting in wrongful death, you may file a claim two years from the time of the injury.
Your case may be dismissed if you fail to comply with the legal deadline. This is why you must seek help from a legal expert to avoid using trial-and-error and wasting your time. A personal injury lawyer knows the appropriate legal steps to take for you to receive your pedestrian accident settlement.
What Should I Do When A Loved One Dies in a Pedestrian Car Accident?
In the past years, Calabasas had several pedestrian car accidents that led to injury or death. If you lost a loved one in a car accident, It is understandable that you feel frantic, confused, and frustrated.
While claiming compensation for the accident may not bring your loved one back, it will help you recover and seek the justice you deserve. The following steps will help you receive a settlement from the pedestrian car accident.
Gather Necessary Evidence
When filing for a wrongful death claim, you must prove that the driver is responsible for the car accident in Calabasas. You may collect the following possible evidence to support your case:
- the victim’s medical records,
- their death certificate,
- police accident report,
- autopsy report,
- witness’ statements,
- pay stubs and tax returns, and
- photos or videos of the accident scene.
These pieces of evidence will help you prove that the driver was the culprit in the car accident in Calabasas. In addition, these can also be used to calculate the total compensation value of the crash.
Proving who is responsible for pedestrian car accidents is essential while filing a case. While some states dismiss claims where the pedestrian is partially at fault, California allows partial compensation if the accident’s victim is less than 50% at fault.
Essentially, you must justify the following when pursuing a wrongful death claim:
- The driver irresponsibly acted on the road,
- Their actions caused the victim’s death, and
- The accident resulted in damages.
File A Wrongful Death Claim
If you are positive that the evidence you have points to the driver’s wrongdoing as the cause of the pedestrian car accident, you are ready to file a wrongful death claim.
Losing a loved one may be emotionally and physically tolling. This is why a you need a Calabasas personal injury lawyer who can help win your case while you focus on your recovery.
Filing a wrongful death claim entails extensive legwork. You will need to do the following:
- Have evidence to support your claim.
- Prove that the other driver was responsible for the victim’s death.
- Calculate the total damages.
- Win the case within the allowed timeframe.
This is why you should contact a lawyer with expertise and knowledge of wrongful death cases. They will help you seek maximum compensation for the car accident in Calabasas.
Who Can File A Wrongful Death Accident Claim?
Based on California Civil Code 337.60, a wrongful death claim can be filed by the following:
- the surviving family members, such as:
- the spouse,
- the children,
- the victim’s parents (if there is no spouse or child),
- their siblings (if there are no spouse, child, or parent), or
- those entitled to the victim’s estate by intestate succession (if there are no surviving immediate family members).
If you are unsure who can file the wrongful death claim, a Calabasas personal injury attorney can help understand your situation and identify who is legally allowed to pursue the case.
What Type of Damages Can I Collect in A Wrongful Death Claim?
In a wrongful death claim, you may seek the following damages when calculating the settlement offer:
Economic damages are physical monetary losses, such as:
- the medical expenses of the victim before their passing,
- loss of the victim’s income,
- loss of financial support,
- Loss of inheritance from the decedent,
- the decedent’s funeral and burial expenses, and others.
Non-economic damages are the emotional or mental effects of the pedestrian car accident that caused your loved one’s death. Examples of this are:
- loss of companionship,
- loss of emotional support,
- loss of protection, and others.
Punitive damages refer to the cost award from the defendant. This damage can be collected as a punishment for the at-fault driver’s reckless behaviors, which caused the car accident in Calabasas.
Your Calabasas personal injury attorney will examine all possible areas to cover when computing your compensation and negotiating the maximum settlement amount.
Why Do I Need to Hire a Calabasas Personal Injury Attorney?
Dealing with a wrongful death claim is complicated. You will likely encounter several challenges that may hinder you from getting your compensation, such as:
- The other driver’s insurance provider may insist that the victim was more than 50% at fault for the pedestrian car accident.
- You have limited evidence to prove that the driver was responsible for the car accident in Calabasas.
- You have limited knowledge of wrongful death cases.
- You have limited time to file the claim.
To avoid these unfortunate circumstances, you must hire a Calabasas personal injury attorney who can defend and win your case. They will do the following to support your claim:
- Examine the nature of the pedestrian car accident.
- Collate necessary evidence.
- Prove liability.
- Meet legal deadlines.
- Calculate the total damages.
- Negotiate on your behalf.
- Seek the justice you deserve.
Jacoby & Meyers is a group of Calabasas personal injury lawyers with expertise in pedestrian car accidents and wrongful death claims. We provide quality service to victims of car accidents in Calabasas. If you decide to pursue a wrongful death claim, contact us at 800-922-2222 for a free consultation and learn how to win your case today!