Almost 3000 people die every day on the road due to distracted driving, according to the National Highway Traffic Safety Administration report. Despite many road safety laws and increasing penalties, distracted driving incidents are increasing each day. A majority of the accidents occurring on the Santa Ana freeway occur in places where there are Stop and Go traffic, where constant attention is needed. In situations where cars are close together, a high level of attention is needed because sight miscalculations can cause a serious car accident.
This is why victims of distracted driving accidents suffer serious injuries like TBI (traumatic brain injury), blindness, paralysis, and even death. If your loved one has lost their life because of another person’s negligence, speak to a Santa Ana wrongful death attorney to learn if you are entitled to receive compensation. Contact the personal injury attorneys in Santa Ana at Crockett Law Group today at (800) 900-9393 to learn your legal options.
Table of Contents
Which Are the Fundamentals of a Wrongful Death Claim?
Just like any personal injury claim, wrongful death litigation has four fundamentals, which must be proven. They are:- The duty of care was breached by an at-fault party
- The at-fault party owes the deceased a duty of care
- The at-fault party caused losses to a victim’s family
- The breach of care caused the victim’s death
Further Reading
Which Damages Are Awarded in a Wrongful Death Litigation?
All damages are awarded in monetary value, which is given to a family member as a way to compensate them for the loss. According to the California Civil Jury Instructions (CACI) No. 3921, wrongful death compensation or damages is divided into two:Economic Damages
These damages are divided into four parts:- Funeral and burial expenses
- Benefits and gifts: This generally includes the benefits and gifts you could have received from the loved one.
- Financial Support: This is a form of compensation that covers financial support the deceased would have contributed to the family during their lifetime or decedents’ lifetime
- Household Services: This covers the value of household services the deceased would have provided.
Noneconomic Damages
Noneconomic damages can be divided into three parts:- Sex: This type of compensation includes loss of sexual enjoyment.
- Love: This compensation includes the loss of a companion, care assistance, comfort, affection, protection, moral support, society, and so on.
- Guidance: This covers the loss of guidance and training.
What Is the Statute of Limitation of Wrongful Death Litigation in California?
California has a statute of limitations when it comes to wrongful death claims, which is two years from the date of the accident. However, there are a few exceptions when it comes to minors, public entities, and medical malpractice claims. To prevent being denied compensation, it is wise to consult with a professional and highly skilled wrongful death lawyer near Santa Ana. In fact, with the help of a skilled attorney, your chances of getting the compensation you deserve increase. The exceptions are:Public Entity
If your wrongful death claim is against any public entity, then according to the Government Tort Claims Act, a person has only six months to build up a case and file with the appropriate government agency. If the claim involves a minor and a public entity, then the minor can submit an application to file the claim late as long as it is within a reasonable time that does not exceed one year. After filing a claim, a public entity has 45 days to either deny or accept a claim, although in most cases, it is going to be denied. After this, you have six months from the date of the denial to file a court case.Minors
A minor who has lost a parent has two years from their 18th year birthday to file a lawsuit against the at-fault party.How Much Is a Wrongful Death Case Worth?
A wrongful death settlement ranges between a few hundred thousand to many millions of dollars, depending on the circumstances. However, they tend to be worth more than any other personal injury claim. Of course, there are many different factors that will affect the value of any wrongful death claim. These factors include:- Earning potential of the late
- The age of the deceased
- If the late shared any fault
- If the at-fault party is a public entity, corporation, or individual
- Insurance policy limit of the at-fault party
- The verdict made for wrongful deaths
Who Is Entitled to Receive Wrongful Death Compensation?
According to California law, it is the heirs or deceased family to decide how they are going to divide the settlement. In most cases, family members agree to split the settlement money evenly. However, there are situations where one family member was more financially dependent on the late compared to others. For example, a 13-year-old child may be more financially dependent on a deceased father compared to a 26-year-old child. In such a situation, it will not make sense to distribute the settlement amount evenly. If an agreement is not reached among the rightful heirs, they may then consider mediation or binding arbitration to help them decide.
Further Reading
What Is the Difference Between Survival Action and Wrongful Death?
There are a few noteworthy differences between survival action and wrongful death claims. These differences include:Who Files the Claim
A survival claim is filed by a personal representative of the deceased person’s estate, whereas a deceased family member files a wrongful death claim.The Claim’s Purpose
The main purpose of a survival action claim is to compensate the deceased person’s estate, whereas the purpose of a wrongful death claim is to compensate the deceased family members or heirs.
