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Motor Vehicle Accidents Resulting In Wrongful Death

Motor vehicle accidents are the leading cause of death in the United States for people between the ages of 1 and 54. According to the National Highway Traffic Safety Administration (NHTSA), there were over 38,000 motor vehicle fatalities in 2019. These accidents can result in devastating injuries, including traumatic brain injuries, spinal cord injuries, and burns, among others.

Motor vehicle accidents can cause wrongful death in a variety of ways, including:

Speeding

Driving above the posted speed limit or too fast for the conditions can increase the risk of a motor vehicle accident. In the event of a crash, the impact of the collision can be more severe, resulting in serious injuries or death.

Distracted driving

Using a cell phone, eating, or engaging in other distracting activities while driving can cause a driver to take their eyes off the road, leading to an accident.

Impaired driving

Driving under the influence of drugs or alcohol can impair a driver's judgment and reaction time, making it more likely that they will cause an accident.

Reckless driving

Engaging in reckless behavior (more than just a negligent act), such as weaving in and out of traffic, running red lights, or tailgating, can cause unintentional injuries.

Workplace Accidents And Wrongful Death

In California, wrongful death claims arising from workplace accidents are subject to the state's workers' compensation system. If an employee dies as a result of a workplace accident, the employee's family or heirs may be entitled to workers' compensation death benefits. These benefits can include payments for funeral expenses, lost wages, and other expenses related to the death.

However, in some cases, the employee's family or heirs may be entitled to pursue a separate wrongful death claim against a third-party, such as a manufacturer of a faulty piece of equipment, a contractor, or another driver. In such cases, the family or heirs can file a wrongful death claim against the third party to recover additional compensation for the damages they have suffered.

To pursue a wrongful death claim in California, the plaintiff must typically demonstrate that the defendant was responsible for the death due to their negligence or intentional conduct. They must also show that they have suffered damages as a result of the death, such as medical expenses, funeral costs, lost income, and pain and suffering.

According to the U.S. Bureau of Labor Statistics, in 2020, there were 463 fatal workplace injuries in California. Of these, transportation incidents were the leading cause of death, accounting for 135 fatalities.

Other leading causes of workplace fatalities in California in 2021 included falls, slips, and trips (79 fatalities), violence and other injuries by persons or animals (73 fatalities), and contact with objects and equipment (57 fatalities).

Property Accidents (Premises Liability) Resulting In Death

Wrongful death due to premises liability can occur when a property owner or manager fails to maintain a safe environment for visitors and guests, resulting in a fatal accident. Premises liability wrongful death claims can arise from a wide range of situations, including slip and falls, inadequate security, and defective or dangerous conditions on the property.

To pursue a premises liability wrongful death claim, the plaintiff must typically demonstrate that the property owner or manager was aware of the dangerous condition and failed to take appropriate action to fix it.

The surviving family member must also show that the defendant's negligence was the direct cause of the fatal accident and that the plaintiff has suffered damages as a result of the death, such as medical bills, funeral costs, lost income, and pain and suffering.

Medical Malpractice and Wrongful Death

Medical malpractice wrongful death claims are challenging in California. This is due to the high burden of proof, strict statute of limitations, complex legal and medical issues, and high costs and time commitments involved. Medical malpractice wrongful death claims can be challenging in California for several reasons:

High Burden of Proof For California Wrongful Death Lawsuit

In California, the burden of proof for a medical malpractice wrongful death claim is high. The plaintiff must prove that the healthcare provider's negligence or wrongdoing was the direct cause of the patient's death, and that the death would not have occurred if the provider had met the appropriate standard of care.

Strict Statute of Limitations Against At Fault Party For Fatal Accident

California has a strict statute of limitations for medical malpractice wrongful death claims. The claim must be filed within three years of the date of the patient's death or within one year of the discovery of the cause of death, whichever is later.

Complex Legal and Medical Issues Involved

Medical malpractice wrongful death claims involve complex legal and medical issues that require a deep understanding of both fields. The plaintiff's attorney must be able to navigate the complex medical evidence and apply the appropriate legal standards to the case.

High Cost and Time Commitment

Medical malpractice wrongful death claims can be expensive and time-consuming to pursue. They require extensive investigation, expert testimony, and legal representation, all of which can add up to significant costs and time commitments.

Types of Damages to Recover in Wrongful Death Actions

In a wrongful death action, there are several types of damages that the plaintiff may be entitled to recover. The types of damages available depend on the specific circumstances of the case and the laws of the jurisdiction in which the action is brought. Here are some common types of damages that can be recovered in a wrongful death action:

Economic damages for hard costs and Financial Dependents

Economic damages are intended to compensate the plaintiff for the financial losses they have suffered as a result of the death. These damages may include medical bills, funeral expenses, lost income, and the value of any benefits or services that the deceased would have provided.

Non-economic damages for the emotional pain

Non-economic damages are intended to compensate the plaintiff for the emotional and psychological losses they have suffered as a result of the death. These damages may include pain and suffering, loss of companionship, and loss of support.

Punitive damages against at fault party responsible

Punitive damages may be awarded in cases where the defendant's conduct was particularly egregious or reckless. These damages are intende

Civil Lawsuits for the Unexpected Death of minor children

In California, the law permits parents, legal guardians or other relatives of a minor to file a wrongful death lawsuit against another party who caused their minor's death due to negligence. But there is an important distinction: The statute of limitations for bringing such claims on behalf of minors in California differs from that applicable to adults.

Generally speaking, you would have two years from the date your loved one passed away or until they turn 18 - whichever comes later - as your window in which to bring forth this type of suit. This means that the minor's family has two years from the date of the minor's death or until the minor's 18th birthday to file a wrongful death lawsuit.

What Is the Statute of Limitations on a Wrongful Death Lawsuit?

It is important to note that the statute of limitations is a strict deadline, and missing the deadline can result in the claim being dismissed.

In California, the law states that families of wrongful death victims must submit their claim within two years of their loved one's passing. If a lawsuit is not presented in this timeframe, it most likely will be prohibited by the statute of limitations. Therefore, if you have experienced such a tragedy in your family, ensure to act quickly and take legal action before time passes!

Still, there are some exclusions to the two-year statute of limitations. For instance, if a wrongful death is due to medical negligence, then it commonly has three years from the harm's date or one year since the hurt was identified; whichever occurs first.

Wrongful Death Lawsuits Against Government Entities

When considering government organizations, though, their statute of limitations may be lesser and require special procedures for filing an assertion.

Wrongful death lawsuits against government entities in California are subject to unique rules and limitations. If the death was caused by the negligence of a government employee or agency, the plaintiff must comply with a number of specific requirements before filing a lawsuit.

First, the plaintiff must file a written claim with the government agency or employee responsible for the death within six months of the date of the incident. The claim must include specific information, including the name and address of the claimant, a description of the incident, and the amount of damages being sought.

If the government agency or employee denies the claim or does not respond within 45 days, the plaintiff can then file a wrongful death lawsuit in court. However, the plaintiff must still comply with other specific requirements, such as filing the lawsuit within a certain timeframe and serving the defendant with proper notice.

How Long Does It Take to Settle Wrongful Death Claims?

When it comes to wrongful death claims, the timeline for resolution of such cases can vary drastically. While some instances may be settled in a matter of months, other scenarios may require several long years before attaining a settlement or verdict.

Many factors interact with each other that influence the duration of this process - from case complexity and number of parties involved to amount evidence needed to support the claim and even court backlogs. Therefore, obtaining an accurate estimation for how long your particular claim will take is difficult until all these elements are taken into consideration.

Settling a wrongful death claim can take longer than settling a personal injury claim because the damages in a wrongful death case tend to be higher and more complex. Additionally, wrongful death claims often involve emotional and psychological factors that can make the negotiation process more challenging.

Need to bring a wrongful death case against a negligent party for a Family member's death?

Napolin Accident Injury Lawyer understands that the untimely death of a loved one due to someone else's negligence can be a difficult and emotional time. That's why the law firm offers a free case evaluation for families who have lost a loved one due to a negligent act.

During the free case evaluation, an experienced attorney will review the details of your case, ask questions, and offer an assessment of the strength of a wrongful death suit. The attorney can also explain the legal process, answer any questions you may have, and provide guidance on the best way to move forward with your case.

Napolin Accident Injury Lawyer has extensive experience representing families in wrongful death cases, and the firm is dedicated to helping clients obtain the compensation and justice they deserve. The firm has a strong track record of success, having recovered millions of dollars in settlements and verdicts for clients in California.

Get a Wrongful Death Lawyer For A Loved one's death

If you have lost a loved one due to someone else's negligence, it is important to seek the help of an experienced attorney who can help you understand your legal rights and options.

Napolin Accident Injury Lawyer is committed to providing compassionate and skilled legal representation for families who have lost a loved one due to a wrongful death. The firm can guide you through the legal process, gather evidence to support your claim, and negotiate with the defendant's insurance company or legal team on your behalf.

We can provide you with the guidance and support you need for your wrongful death case, starting with a free case evaluation. Dial 866-NAPOLIN.