What are My Legal Options if a Loved One has Passed in an Accident?
Losing a loved one in an accident is one of the hardest things one can go through. You may be able to claim compensation for your losses.
Tragically, some accidents are so severe that the victims do not survive. Car accidents are typically caused by the negligent behaviors of another party, such as texting while driving or driving under the influence. If you have lost a loved one in a car accident due to someone else’s carelessness, you may be able to file a wrongful death claim. A claim can never bring your loved one back, but it can offset the financial burden the death has imposed on you. If you want to file a claim, below are some things you should know first.
What is a Wrongful Death in Murrieta?
California law defines a wrongful death as one that is the result of negligent actions taken by another person, business, or entity. Certain individuals can file a wrongful death claim against the liable, or at fault, party to recover compensation for the loss. In some situations, a wrongful death may be caused by a criminal action, such as driving under the influence. Although that may result in criminal consequences, wrongful death claims are civil actions, and they are separate from criminal proceedings.
Who Can File a Wrongful Death Case After a Car Accident?
After a fatal car accident, only certain people can file a wrongful death claim. These individuals are as follows:
- The spouse or domestic partner of the deceased
- The surviving children of the deceased
- The grandchildren of the deceased if their child has also passed
When the deceased did not have any of the surviving family members, other relatives can decide to file a claim for compensation. However, they must be entitled to property under the state’s intestate succession laws. Individuals who can show that they were financially dependent on the deceased can also file a claim in some circumstances.
Our Wrongful Death Lawyer in Murrieta Can Help During this Difficult Time
If you have lost someone in a fatal car crash, our Murrieta wrongful death lawyer at Gibbs & Fuerst, LLP can help ensure you recover the full compensation to which your family is entitled. Our seasoned attorneys have extensive experience with these claims and will put it to work for you. Call us now at 951-816-3435 or fill out our online form to schedule a free consultation and to learn more about your legal options.