According to data from the National Highway Traffic Safety Administration, an estimated 3,000 people are killed annually as a result of distracted driving. Cases of distracted driving continue to rise even with laws being passed with tougher consequences. A large amount of these accidents occur on Anaheim freeways where constant attention is required in the stop-and-go traffic. In such traffic where cars are moving close to another if a driver becomes even slightly distracted, this can lead to a serious accident. This is why in most cases, victims of distracted driving accidents sustain catastrophic injuries including paralysis, traumatic brain injury, and blindness. In case you’ve recently lost a loved one as a result of another person’s negligent behavior, then you might have some legal rights. Get in touch with an Anaheim wrongful death attorney at the Crockett Law Group to find out more about how our team can assist you during this tough and painful period. Call our personal injury firm in Anaheim at (800) 900-9393. 
However, some exceptions do exist for public entities, minors, and medical malpractice cases. This is why it is crucial to consult a wrongful death lawyer in Anaheim, CA. 
In case the rightful heirs can’t agree on how to divvy the money, then they can consider bringing in mediators or even binding arbitrators to help with the situation.
Table of Contents
What Are the Elements of a Wrongful Death Claim?
Same as with any other personal injury claim, there are four elements that you as a plaintiff need to prove in a wrongful death claim:- The accused party had a duty of care towards the deceased victim.
- The accused party breached the duty of care.
- The victim’s death was a direct result of the breach of duty.
- The surviving family suffered losses due to the death of the victim.
What Kinds of Damages Can I Receive in a Wrongful Death Lawsuit?
The members of the surviving family can be awarded damages as compensation for the loss of their loved one. According to the California Civil Jury Instructions (CACI) No. 3921, there are two kinds of damages that the surviving family members can receive:Economic Damages
Economic damages are divided into four categories:- Financial support: The covers the monetary contributions that the deceased victim would have made to the family had their lives not been cut short.
- Gifts/Benefits: This covers the expected gifts/benefits that you would have received from the deceased victim.
- Funeral and burial costs
- Household services: These damages cover the value of household services that the deceased would have offered.
Non-Economic Damages
Non-Economic damages are divided into three categories:- Sex: This covers the loss of sexual enjoyment between the spouse and the deceased.
- Love: This covers the loss of companionship, care, love, comfort, protection, assistance, affection, society, and moral support that the family members would have received from the deceased victim.
- Guidance: This covers the loss of the deceased victim’s guidance and training.
Further Reading
What Is the Statute of Limitations on Wrongful Death Claims in California?
Under the law in California, you are required to file a lawsuit within two years from the date of death of the deceased, otherwise, you risk losing your right to the claim. For instance, on March 1, 2020, a crossing guard stationed at the Pacific Drive Elementary School in Fullerton was hit and killed by a motorist hurrying to pick their kid from school. As a result, the spouse of the deceased crossing guard has until March 1, 2022, to file a wrongful death lawsuit against the parent responsible for the death of his spouse.
However, some exceptions do exist for public entities, minors, and medical malpractice cases. This is why it is crucial to consult a wrongful death lawyer in Anaheim, CA. Minors
Minors who have lost a parent due to the negligence of another party have two years from the date of their 18th birthday to file a wrongful death claim.Public Entities
The Government Tort Claim Act stipulates that in the event that the wrongful death claim is against a public entity, the affected party has 6 months from the accrual of the claim to file it with the relevant government agencies. But a minor may make an application requesting to be allowed to file a late claim within a reasonable timeframe not exceeding one year following the injury. The accused public entity will have 45 days to approve or deny your claim, however, it will most probably be denied. Here, you will have 6 months from the date that the claim is denied to file a lawsuit. How Much Is My Wrongful Death Lawsuit Worth?
Based on the specific surrounding circumstances, wrongful death claim settlements can range from several hundred thousand to millions of dollars. Generally, the value of wrongful death claims tends to be much higher than most other claims. There are many variables when it comes to determining the value of any wrongful death claim, and they include:- The decedent’s age
- The decedent’s earning potential
- If the descendent shared any fault for the incident
- If the responsible party is an individual, organization, or public entity
- The limits of the policy that the responsible party is insured for
Who Is Entitled to the Damages in a Wrongful Death Lawsuit?
In the state of California, the surviving family members and heirs of the deceased victim will decide on how the settlement money will be split. Typically, the family members would agree to divide the settlement money evenly amongst themselves and be done with the matter. However, one always has to consider that some family members might have been more financially dependent on the decedent than others. As an example, the 13-year-old son of a deceased victim might have been more financially reliant on the descendent than the deceased’s 26-year-old child. If this is so, then more thought should be put into how the settlement money should be divided.
In case the rightful heirs can’t agree on how to divvy the money, then they can consider bringing in mediators or even binding arbitrators to help with the situation. 
