Posted on Thursday, July 5th, 2018 at 8:31 pm
Sometimes death comes sooner than it should for someone because of the negligence of another party. While death is tragic no matter how or when it occurs, a death caused by a preventable car accident is always difficult for loved ones. The family must deal with the loss of a loved one, but also grapple with the fact that had it not been for the reckless and negligent behavior of another party, their loved one would still be with them.
No amount of money can compensate a family fully for the loss of a family member. However, compensation can help pay the medical expenses, funeral costs, and living expenses after a wrongful death. Under California law, a family may be able to recover compensation from the at-fault party by filing a wrongful death claim.
Contact our Sacramento wrongful death lawyers at (916) 999-9000 for a free consultation to discuss your options for filing a claim for the death of your family member.
When Can You Sue for Wrongful Death in California?
Wrongful death claims can arise from a variety of situations. In most cases, if an accident or incident results in a death because of the negligence or wrongful acts of another person, the family may have a valid wrongful death claim. Some of the scenarios that might result in a wrongful death claim after a car accident include:
Driver Error and Negligence
When another driver’s negligent, reckless, or careless behavior causes a car accident, the family might be entitled to compensation from that driver. Each driver owes everyone else using the road a duty of care to act in a manner that does not place others in danger. If a driver breaches this duty because of negligence or error, the driver can be held liable for damages caused by a fatal car accident. Examples of negligence and errors that can cause a fatal car crash include distracted driving, driving under the influence of alcohol or drugs, speeding, drowsy driving, reckless driving, drugged driving, and aggressive driving.
Defective Car of Car Parts
When a defective product causes a car accident, the manufacturer or other party responsible for the defective part may be held liable for damages in a wrongful death lawsuit. In some cases, the defective product may have contributed to the crash. Therefore, you could have multiple parties named in a wrongful death lawsuit. For example, another driver causes an accident because he was speeding, but the other driver’s seat belt malfunctions and he dies. The family may have a wrongful death claim against the other driver and the vehicle’s manufacturer.
Dangerous or Hazardous Roads
Government entities can also be held liable if dangerous or hazardous road conditions contributed to the cause of the crash. Defective road designs, poorly maintained roads, or malfunctioning warning signals can lead to an accident. Filing a claim against a government entity can be very complex and the time limits to file a claim can be very short.
Filing Sacramento Wrongful Death Claims
Money is not a substitute for your loved one. However, you deserve to be compensated for the suffering and pain caused by a wrongful death. To learn about your rights, contact The Tiemann Law Firm by calling (916) 999-9000 for a free consultation with one of our Sacramento wrongful death attorneys.
