Wrongful Death in a Los Angeles Car Accident
If you have lost a loved one in a car accident that was caused by the negligence of another driver, you have a right to file a wrongful death lawsuit. Given the challenges of taking legal action while dealing with such a tragedy, it is essential to have an experienced wrongful death attorney by your side.
A J&Y Law, we know that a death caused by a negligent or careless driver is never justified. We provide families throughout California with compassionate representation when they need it most. Our wrongful death car accident attorneys are here to help you find justice and recover compensation for your losses. Please contact our office today to learn how we can help.
Defining Wrongful Death in California
A wrongful death claim can be brought when a person sustains a fatal injury due to the negligent or reckless conduct of another party. In the context of a wrongful death car accident, it is necessary to prove the following elements of negligence:
- The other driver (the “defendant”) owed your loved one a duty of care
- The defendant breached that duty
- That defendant’s breach was the direct cause of your loved one’s death
- Your loved one’s death resulted in actual damages (e.g. hospitalization, medical expenses, loss of income, and potential earnings)
All drivers in California have a duty of care to operate their vehicles in a safe manner and avoid causing harm to other drivers and pedestrians. For example, an individual who causes a drunk driving accident that kills another person has breached the duty of care. While this seems straightforward, it takes an experienced wrongful death attorney to prove the necessary elements of negligence.
At J&Y Law, we will leverage our skills and resources to conduct a thorough investigation and gather evidence that supports your claim. Knowing that the burden of proof is so high, we will only pursue a claim if we are confident that we can help you recover just compensation
Causes of Wrongful Death Car Accidents in California
Motor vehicle accidents that result in fatalities are usually the result of a driver’s negligent or reckless conduct or negligent failure to act. Examples of driver negligence include:
- Driving under the influence of alcohol or drugs (DUI)
- Driving too fast for road or weather conditions
- Distracted driving (e.g talking to passengers, use of a cell phone, eating, drinking while driving)
- Reckless driving
- Unlawful street racing
- Failing to obey traffic signals
- Failing to yield to oncoming traffic
- Failing to observe traffic or pedestrians before entering an intersection
- Failing to signal or check blind spots before changing lanes
- Making an improper left turn in front of an approaching motorcycle
- Truck drivers falling asleep at the wheel or being impaired by drugs used to stay awake
- Bus drivers failing to maintain control of their vehicles
Regardless of the nature of your loved one’s fatal car accident, trust the experienced wrongful death attorneys at J&Y to fight for your rights.
Who can file a wrongful death car accident lawsuit in California?
Under state law, parties that can bring a wrongful death action include:
- A surviving spouse
- Surviving children
- Parents or siblings (if there are no direct survivors)
- Others who were financially dependent on the victim
When you consult with J&Y, we will provide you with a supportive environment so that you can make informed decisions for your family. Above all, we will make your case our cause and work tirelessly to help you obtain the compensation you deserve.
Damages You Can Recover in a Wrongful Death Car Accident Claim
In a wrongful death claim, certain damages will be awarded to your deceased loved one’s estate, including:
- Past and future lost wages and benefits
- Medical expenses related to the decedent’s final injury or illness
- Funeral and burial expenses
In addition, surviving family members may be entitled to damages for the value of financial support and household services, as well as for the loss of love, companionship, and guidance the deceased victim provided to the family. Although no amount of money can replace your loved one, you deserve justice and compensation that can help to protect your financial future.
Contact Our Experienced California Wrongful Death Car Accident Attorneys
At J&Y Law, we are dedicated to fighting for surviving family members who have lost a loved one in a motor vehicle accident. We understand that losing a loved one is never easy and even more of a burden when the death was caused by a reckless or negligent driver.
When you consult with us, we will take the time to explain all your rights and determine the best course of action. A wrongful death lawsuit can be especially challenging because you may be required to provide testimony about your loved one’s death while ruminating about your loss and grief. Above all, we will provide you with compassion and guidance during this difficult time. You should know that you will not pay any attorneys’ fees to us until we win compensation for you. Please reach out to our office today for a free evaluation of your case.