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Fatal Car Accidents

If your loved one has passed away in a car accident (or due to accident-related injuries), you may have a wrongful death lawsuit on your hands. Even in cases of so-called “freak accidents” or honest mistakes, deadly accidents are almost always preventable and someone should be held responsible for the incalculable loss and suffering experienced by the loved ones of the deceased person (or people).

Should I File a Wrongful Death Lawsuit?

In cases of death resulting from the negligence or error of another person, a wrongful death lawsuit can be a good way to rectify the damage caused to the decedent and those they leave behind. Besides ensuring proper punishment for the person responsible, a wrongful death lawsuit allows loved ones to recover costs associated with the deceased person’s accident, injury, and passing.

Recoverable damages may include (but are not limited to):

  • Hospital bills
  • Medication and treatments
  • Surgeries
  • Rehabilitation
  • Appointments with specialists
  • Funeral costs
  • Lost wages
  • Lost inheritance

Of course, not all of these costs are relevant if your loved one died at the scene of the car accident. On the other hand, if your loved one lived for a while after the accident (for any amount of time) but still died due to accident-related complications or injuries, the resulting expenses may be incredibly large and very burdensome.

Can I File the Wrongful Death Claim?

Not anyone associated with the deceased may file a wrongful death claim, because not every friend, co-worker, or acquaintance may be directly affected or considered by law to be a “real party in interest.” (Whether or not you are a “real party in interest” essentially boils down to whether or not you are financially affected by the decedent’s passing, though this is not always necessarily true.) Such parties may include:

  • Immediate family: This can include siblings, parents, and children.
  • Parents of unborn children: In most other states, parents of a fetus can sue for wrongful death if the pregnant mother or fetus is killed in a car accident. However, in the state of California, a fetus is not considered a human being until the point of birth. As such, California parents cannot sue for the wrongful death of an unborn child unless the child was born alive following the accident and then died.
  • Spouses: This category can be amended to include domestic partners, putative spouses, and people with whom the decedent had a “common law” marriage.

Contact a Wrongful Death Attorney in Sacramento—Call (916) 229-6755 Today.

At Del Rio & Associates, we understand that you don’t always need a combative, overly aggressive attorney like the ones you see on TV. After the tragic and unnecessary death of a loved one, we understand that what you need more than anything is a legal representative who can get the job done and bring justice for you and your family. We are willing to work day in and day out to ensure the person or party responsible for your loved one’s death is called to account for their negligence.

We understand that the death of a loved one produces many unexpected costs. Our personal injury attorneys are prepared offer you a complimentary consultation and make getting started with our firm a little easier.

Testimonials

  • “They have all the answers and with the right amount of time and work, they can get your case resolved!”

    Carlos I.

  • “I would highly recommend Del Rio & Associates to friends in need of excellent legal litigation assistance.”

    Alex L.

  • “With the Del Rio & Associates on my side the whole experience after my accident was very pleasant and stress free.”

    Cecilia J.

  • “I would highly recommend the Del Rio & Associates. I was more than pleased with the service I was given.”

    Marty N.

  • “If you want a lawyer that is gonna be forthright and honest with you, these are your guys.”

    Danielle L.

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