Car wreck

When Does a Fatal Car Accident Rise to the Level of Wrongful Death?

Car accidents are an unfortunate and scary part of driving in the United States. We all worry about our loved ones when they are driving on roadways. According to the Insurance Institute for Highway Safety (IIHS), there are 9.1 deaths per 100,000 in California. In 2019, there were 3316 fatal crashes and 3606 deaths. Realizing it is not a replacement for the love and meaning a family member filled in your life, the family of victims who lost loved ones can seek financial compensation if their loved one died in a vehicle crash caused by another person's negligence.

In most wrongful death cases in California, legal action is brought against negligence from:

  • Another Driver
  • Automobile Manufacturer
  • Party Responsible for Roadway Maintenance

If the claim of negligence is successful, family members could receive compensation for:

  • Loss of Future Wages
  • Pain and Suffering
  • Deceased Family Member’s Medical Expenses
  • Funeral Costs

Negligent Causes of Wrongful Death Claim

Negligence is a means of explaining irresponsibility or recklessness displayed by a person or party. Most car crashes and accidents are the results of some type of negligence. If any of the following caused your loved one’s fatal accident, you might have a case for wrongful death compensation.

  • Changing lanes without checking blind spots
  • Intoxicated Driving
  • Distracted Driving
  • Exhausted Driving
  • Faulty vehicle manufacturing
  • Failure to control the vehicle
  • Driving too closely
  • Driving too fast

Determining the Value of a Wrongful Death Claim

Compensation in a wrongful death lawsuit requires the establishment of a valuation of the claim. Each case is evaluated based on the specific factors that impacted the fatal outcome, but many of these factors are reviewed in determinations:

  • The age of the decedent
  • The decedent’s level of education
  • The marital status and number of children of the decedent
  • The skill of the plaintiff’s attorney
  • The level of wrongdoing of the responsible party

Wrongful death suits involve negligent loss of life directly caused by the careless actions of another person or party. Under California’s wrongful death statute, many family members are allowed to bring legal action against a person or party for the negligent death of a loved one.

Wrongful Death Claims in Elk Grove

At Samra Dhillon & Associates, we can review the details of your case and help you determine the likelihood you have a potential car accident-related wrongful death lawsuit. The death of a loved one can be traumatic, and our Elk Grove wrongful death attorneys can help you seek compensation for your loss. Contact us now at (916) 571-1550 to schedule a consultation to discuss your situation.