The National Highway Traffic Safety Administration reports that distracted driving causes nearly 3,000 people to lose their lives every year. Despite the act that laws have been passed with increased penalties, there continues to be an increase in distracted driving incidents. A high percentage of those accidents occur on freeways in Irvine where stop-and-go traffic demands constant attention. Whenever vehicles are close together, a serious crash can be caused by just the slightest distraction. This is why distracted driving accident victims often suffer injuries that are catastrophic, including blindness, paralysis, and traumatic brain injury.
If you have lost a family member recently that was caused by another person or entity’s negligence, you might be entitled to receive compensation. Contact an Irvine wrongful death attorney at Crockett Law Group to find out how we can assist you during this painful and difficult time in your life. Call our personal injury lawyers in Irvine at (800) 900-9393 to schedule a free consultation for your claim.
Table of Contents
What Are the Elements Involved in a Wrongful Death Claim?
Wrongful death claims, like all personal injury claim, basically have four elements that must be proved:- A duty of care was owed to the deceased by the at-fault party.
- The at-fault party breached their duty of care.
- This breach caused the victim’s death.
- The death of the victim caused losses to the family.
Further Reading
What Damages Does a Wrongful Death Lawsuit Award?
The family members of the deceased can be awarded money damages in order to compensate them for losing a loved one. According to California Civil Jury Instructions No. 3921, there are two kinds of damages that can be awarded to the family:Economic Damages
Economic damages are divided into four categories:- Financial support, including support that would have been contributed by the decedent to the family over the decedent’s or family members’ lifetime, whichever is the shortest
- Benefits/Gifts includes the loss of benefits or gifts that the decedent could have been expected to give
- Burial and funeral expenses
- Household services, including the value of the household services that would have been provided by the decedent
- Love, including the loss of love, moral support, society, affection, protection, care assistance, comfort, and companionship that the decedent would have provided
- Sex, including loss of sexual enjoyment between the decedent and loved one
- Guidance including the loss of the guidance and training of the decedent
Further Reading
- What Are Funeral Expenses in an Irvine Wrongful Death Claim?
- Common Types of Wrongful Death Lawsuits
- What Are the Stages of an Irvine Wrongful Death Lawsuit?
Is There a Statute Of Limitations on California Wrongful Death Claims?
Yes, under California law you are required to file your lawsuit within a two-year period that starts on the date that the decedent died. Otherwise, you are at risk of being barred to ever do so. For example, on April 1, 2020, a crossing guard who was in front of a Fullerton elementary school was struck and killed by a vehicle by a parent who was rushing to pick their child up from school. The spouse of the crossing guard will have until April 1, 2020, to file a wrongful death lawsuit against the person who struck his spouse. The Statute of Limitations has exceptions for medical malpractice, minors, and public entity claims. The best thing to do is to consult with a wrongful death lawyer in Irvine, CA.Minors
Minors who have lost a parent have two years starting on their 18th birthday to file a lawsuit against the liable party.Public Entities
According to the Government Tort Claims Act, when a wrongful death claim gets filed against a public entity, you have just 6 months from when the claim accrued to file a claim with the proper government agency. However, minors may submit an application asking for permission to file a claim later within a reasonable amount of time to no exceed one year following the injury. Then the public entity will have 45 days to deny or grant your claim. It is usually denied. You then will have 6 months from the date that your claim was denied to file your lawsuit.What Is a Wrongful Death Claim in Irvine Worth?
Wrongful death claim settlements, depending on the specific circumstances, typically will range from a low end of several hundred thousand dollars up to millions of dollars. Generally speaking, they tend to have a higher worth than most other types of claims. The value of a specific wrongful death claim is going to depend on several different factors, including:- The deceased’s age
- The deceased’s earning potential
- Whether or not the deceased was partly at fault for the accident
- The at-fault party’s insurance policy limits
- Whether the at-fault party is a public entity, corporation, or individual