The most devastating result of any California car accident is to lose a loved one, and no amount of compensation or legal justice can replace the life of the loved one lost. This loss is only heightened if a primary provider is taken away from the family based on the legal wrongdoing of another party in an accident.
California law permits grieving loved ones to file a wrongful death claim to pursue compensation, and more importantly, justice for the family’s loss. A successful wrongful death claim can help families receive some sense of closure, even though a successful outcome will never completely heal the hurt of the surviving family.
Here are the legal facts to know in order to prove a wrongful death claim that will help your California family receive the justice it deserves.
Time Is of the Essence for Filing a Wrongful Death Claim
Generally speaking, you do not want to delay in filing a legal claim. California law gives you two years to file an injury claim, but exceptions can apply depending on the evidence and facts involved.
Even so, if you have lost a loved one in a car accident that may have been caused by a responsible party, the time to talk to a lawyer is now. The sooner you reach out to a California accident lawyer, the sooner you can have your pursue justice and protect your legal rights.
Elements Needed to Prove a Wrongful Death
Proving that the death of your loved one was a wrongful death that entitles you to compensation requires that three legal elements are met regarding the death, which are as follows:
- The death must have been caused by negligence or willful intentions of another party
- The party’s negligent or willful intent must cause a death that results in a loss of love and affection
- A death meeting the above criteria must also cause the loss of past, present and future financial or physical support
In effect, if the death of your loved one was not caused by the legal negligence or willful intent of another, then a wrongful death claim cannot succeed.
Beyond establishing that a legally responsible party caused the accident, your lawyer must also prove that survivors within the family suffered actual loss of affection/love and financial support. Even physical support such as being a stay-at-home parent or performing chores has a financial value under California law that entitles survivors to compensation if all three elements are successfully proven.
The Ledger Law Firm Represents Surviving Family Members
The Ledger Law Firm understands grieving families need closure for the unnecessary and painful loss of a loved one. Our team of attorneys provide caring representation that focuses on helping you receive justice and compensation while you rightly place your focus on spending time with loved ones and grieving as a family unit.
Contact us online today to take decisive action against any responsible party who negligently or willfully caused the death of your loved one in a California accident.
