WRONGFUL DEATH – WHAT HAPPENS IF A LOVED ONE DIES BEFORE A CAR ACCIDENT CLAIM SETTLES?

WRONGFUL DEATH – WHAT HAPPENS IF A LOVED ONE DIES BEFORE A CAR ACCIDENT CLAIM SETTLES?

Posted on Monday, April 6th, 2020 at 8:23 pm    

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

Elena Basquez
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The Tiemann law Firm has been very good to me ever since I walked in the door. James and Emily have been very responsive and professional and make me feel comfortable when I start to freak out a bit. Accidents can be pretty stressful and I feel like they’ve gone above and beyond. I’m happy that keep me up-to-date on how my case is going. I appreciate that they make me feel like a priority and that they take my case serious. I have already recommend them to a few friends and family members. God forbid I get into another accident, but if I do, I know exactly where to come for help.

Elizabeth Ochoa
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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 their dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.

Beca Lopez
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Such wonderful experience with Tiemann Law firm. The employees are great, respectful, and kept in contact with me throughout the entire process. I would definitely recommend this firm. Thank you so much for your services!

Tajii Black
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Don’t listen to the bad reviews! My experience with this law firm is unmatched , I always recommend to colleagues and friends and they have not been disappointed either. Great quality people who care about the outcome not just the bottom line

Dawniel Ewing
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I have nothing but great things to say about this firm. They have been extremely helpful and professional when dealing with my case. Anytime I needed anything or wanted updated they responded immediately. They made me feel like they cared. Highly recommend them!

Amy J
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Tiemann Law Firm is a great law firm. The best part is we won and I received a bigger settlement than I thought was possible! They keep in touch and are friendly and easy to talk to. If you want the best settlement for your case,   CALL THESE GUYS!!!

Michael T.
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I sat down and met with Jelena Tiemann about my vehicle accident.I presented all of my documentation to her in which she gave me her assessment.Although the Tiemann Law Firm wont be representing me because my settlement offer was pretty good she was very clear,forward and professional about what she felt could and couldn't be done.I recommend this law firm to anyone who needs a helping hand at fighting a case where you don't have to worry about the outcome not going in your favor. Please don't review this business if you received a freebie for writing this review, or if you're connected in any way to the owner or employees.

Herb T.
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The Tiemanns were referred to me by a friend and I am exceptionally happy with the service I received. I had never been in an accident before. I had no idea what to do. Jelena verbally explained how everything would work to me, and she and Peter handled everything. I didn't have to lift a finger once. They went above and beyond for me and I am extremely grateful. I pray I won't ever need this type of assistance again, but I will definitely be referring them to friends and family.

Jennifer T.
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I highly recommend The Tiemannn Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

Hanna Padilla
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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!

S.B.
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Here's the thing... Nobody really thinks much about lawyers until they need one.  Well, we needed one!  The Tieman Law Firm came through for us in a big way. They were professional, courteous, thorough, and had an excellent staff as well.  Highly recommended...

Star Fire
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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 your 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

Jereme S.
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No-one wants to have to hire a lawyer, but if you do. I prefer Tiemann Law. They helped a family member who was injured on the job, and the company did not want to compensate him even though, the injury occurred on the job on company time. Jelena was always professional in explaining the lengthy process of fighting a large corporation. 2 years later he finally is receiving the deserved compensation.

Maye Ly
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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.

Matt H.
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I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.

Jennifer Birdseye
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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!

Lendzey Garcia
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I was in a very bad/ major car accident I originally had an attorney who wasn’t trying to help me out much or take any of my calls so I called Tiemann and told them my situation. They made it an AWESOME and Smooth transition over to them and took on both cases I had. I just settled on my big case and am beyond great full. For them and their team! I highly recommend them. To add on to this a little On how much they will work with you, I moved to Montana in the middle of all Of this and it was not an issue!