Car crashes are a daily occurrence, although many people go decades without experiencing one. Some crashes only cause property damage, while others might put people in the hospital. The worst collisions result in human fatalities.
Deadly crashes are more common than people might realize, and they are a leading cause of death among people of all ages in California. After a fatal crash occurs, those left behind might explore their legal rights and protections. They may be able to file a wrongful death lawsuit against the driver who caused the crash or a third party.
What standards must the situation meet for grieving survivors to pursue a wrongful death lawsuit successfully?
Wrongdoing or negligence
Those who have lost a loved one cannot simply assert in court that they have the right to compensation. They must first prove that the defendant they made is responsible for their loss. They must gather evidence of either negligent behavior or wrongful acts.
Violations of traffic statutes can provide a basis for a wrongful death lawsuit. Litigation is possible after a deadly drunk driving crash, for example. Litigation is also possible when negligence causes a tragedy. If a reasonable adult can immediately recognize the unsafe choices the motorists made, such as failing to maintain their brakes, then the situation may meet the requirements for a wrongful death lawsuit.
Significant losses
Litigation generally requires a request for specific compensation. Those left behind after a loved one passes in a car crash may have access to a liability insurance policy. They generally need evidence that their losses exceed the amount of insurance coverage carried by the driver at fault for the wreck.
Litigation allows surviving family members to seek non-economic losses in addition to the economic losses that insurance can help cover, such as medical expenses, property damage losses and lost future income. Non-economic damages may include pain and suffering, emotional distress and loss of consortium.
Filing a wrongful death lawsuit can lead to a certain degree of closure and compensation for those grieving in the wake of a tragic, preventable crash. Reviewing a tragic collision and the losses it has generated with a skilled legal team can help grieving individuals determine if they might be able to file a wrongful death lawsuit.