Posted on Wednesday, March 22nd, 2023 at 8:00 am    

If you’ve lost a loved one in a car accident, no amount of financial compensation will ever begin to make up for that. There are, however, many current expenses and, if the victim was also the family breadwinner future ones that you are entitled to seek damages for. At this horrific time, we want you to know that you are not alone. Our attorneys have a great deal of experience with these types of cases and we’re sensitive to all that you are going through. Below are some frequently asked questions regarding wrongful death car accident cases.

FAQs about Wrongful Death in a Car Accident

What’s the difference between accidental death and wrongful death?

The key difference is intent and whether the plaintiff acted recklessly or negligently in causing the death. For example, if a driver was following all applicable traffic laws and a fatal accident occurs, it would most likely be deemed an accidental death. If, however, the driver was speeding or texting while driving and it caused a fatal accident, it would be a form of negligence and a wrongful death case could be filed.

Who can file a wrongful death lawsuit?

The following family members can file the suit: surviving spouse or domestic partner and surviving children of the deceased. In some cases if there are no surviving immediate family members parents or siblings may be able to take legal action against the responsible party.

What types of damages can be sought for wrongful death?

Damages are divided into two categories. First, ones that are paid to the estate for expenses related to the death. These can cover: medical bills for care the deceased received prior to passing and funeral or cremation costs. The second category of damages are those paid to the surviving family members for losses they have personally suffered such as mental and emotional suffering, loss of financial support or income the deceased would have provided, loss of guidance, companionship and consortium.

Can a wrongful death suit be filed if there is also a criminal case underway?

Yes. A criminal case may result in jail time for the responsible party, but not financial compensation for the victim’s family. That requires a civil lawsuit. The timing of the two cases in inconsequential but a wrongful death case must be filed within the two-year statute of limitation from the date of death.

Have you or a loved one been a victim of a DUI, car, truck, or motorcycle accident, dog attack, or a slip and fall incident? If so, Tiemann Law Firm can help. Our experienced personal injury attorneys will fight for the compensation you deserve. Contact us today for a free, same-day consultation by calling: (916) 999-9000 or toll-free: (800) 712-2000.

Client Testimonials

Hanna Padilla Testimonial

From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

Star Fire Testimonial

It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Maye Ly Testimonial

I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

Jennifer Birdseye Testimonial

Tiemann Law Firm helped us with an injury case for my nephew. They were very knowledgeable and we are very happy with the service they provided. The entire staff is topnotch!

Elizabeth Ochoa Testimonial

I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and its dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.