Losing a loved one or family member in a car accident can be one of the most difficult and trying times of your life. When a life is cut short unexpectedly, it can bring on a range of feelings from anger to depression and sadness to denial. Regardless of what stage of the healing process you are in, you have likely felt – or will feel – that someone should be held responsible for the loss you have suffered. If it was your spouse that was fatally injured, you may also be worrying about how you are going to support your family now that you have lost your spouse. According to California car accident attorney Emery Ledger of Ledger & Associates, these are common feelings and concerns when someone has lost a loved one in a car accident. Nothing can bring your loved one back, but you do have legal options if they died as the result of someone else’s negligence.
Under California law, if your loved one died as the result of the negligence of another driver, you may be entitled to file as a claimant in a wrongful death claim. California law specifically enumerates who can file as a claimant in a wrongful death lawsuit. You should check with your car accident attorney to be certain that you qualify, but generally a spouse, child, parent as well as certain other people that were dependant on the decedent can file a wrongful death lawsuit.
A wrongful death lawsuit is a legal mechanism whereby you can receive compensation for the death of your loved one. If you were dependant on them while they were alive, then you may be entitled to receive financial compensation to help you and your family for the future. The exact amount of your wrongful death award will depend on many factors such as the earning capacity of your loved one at the time of death, their general health and anticipated life expectancy, the degree to which you were dependant on them and a variety of other factors. Again, talk to your car accident attorney to get a better idea of how much compensation you may be entitled to.
As with most lawsuits, a wrongful death lawsuit must be filed within the statutory time limit allowed under the law. In most cases you have two years to file a claim but that time limit can be as short as six months if a governmental entity is one of the defendants in the lawsuit. Consult with a car accident attorney as soon after your loss as possible to make sure that you do not loose your right to receive compensation.
If you have suffered the loss of a loved one in a California car accident and you believe that someone else was to blame for the accident, then please contact the car accident wrongful death law firm of Ledger & Associates. Your free detailed evaluation can give you a better idea of what legal options are available to you and what compensation you may be entitled to.
