Motor vehicle accidents result in thousands of deaths and injuries in California. During 2018, 3,563 people died in traffic accidents in California. Sadly, some individuals may survive a car accident only to pass away a few days or weeks after the accident. In some cases, a person could die several months after a car crash from complications arising from injuries sustained in the collision, resulting in a wrongful death claim. When a person dies in a car crash, family members may have a claim for wrongful death. However, what happens when a victim files a personal injury lawsuit for a car accident, but dies before the lawsuit settles or goes to trial?

Death of a Car Accident Victim Before Filing a Lawsuit

If a person dies because of injuries sustained in a car accident, California’s wrongful death laws allow family members to seek compensation from the party responsible for causing the car accident. Depending on the situation, a surviving spouse, partner, children, parents, or siblings may file a wrongful death claim against the at-fault parties. A wrongful death lawsuit cannot bring back a loved one, but it can provide monetary compensation for the family. Surviving family members may receive compensation for:

  • Funeral costs
  • Medical expenses incurred by the deceased person between the car accident and date of death
  • Loss of financial support, including lost wages
  • Loss of companionship
  • Emotional pain and suffering

A Sacramento wrongful death lawyer can help a family pursue a claim against the negligent driver who caused the car crash.

Wrongful Death of a Car Accident Victim After a Lawsuit is Filed

In some cases, a car accident victim may pass away before a personal injury lawsuit can be settled or go to trial. When this occurs, the lawsuit might need to be dismissed so that a wrongful death lawsuit may be filed. Before dismissing the lawsuit, an attorney needs to carefully review all factors to determine the best course of action. There are deadlines for filing personal injury lawsuits and wrongful death lawsuits in California. It is best to speak with an attorney as soon as possible after an accident to discuss your legal rights and your options for recovering fair compensation for your injuries and losses.

The Insurance Company is Blaming the Victim for the Accident

An insurance company may attempt to blame your loved one for causing the car accident. It is easy to blame someone who is not able to defend themselves. By blaming the accident victim, the insurance company is attempting to avoid liability for the car accident or the death of your loved one. Do not discuss the matter with the insurance company any further. Contact our office immediately to speak with an attorney. We must begin an investigation immediately to determine how the accident occurred and preserve evidence that proves your loved one did not cause the collision. If necessary, we retain accident experts to assist in the investigation.

Contact Our Sacramento Wrongful Death Attorneys for Help

Losing a loved one is never difficult. When the death occurs because of a preventable event, such as a car accident, families are often in shock. It is also understandable to be angry and confused. Our legal team works with families like yours to find out what really happened. We conduct thorough investigations to determine how your loved one died and who is responsible. Let us help your family seek justice for your loved one. Contact The Tiemann Law Firm by calling (916) 999-9000 or by visiting our website to schedule a free consultation with one of our Sacramento wrongful death lawyers.

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.