How to File a Fatal Car Accident Wrongful Death Claim in San Diego, California

A vehicle accident that results in the death of a loved one is devastating for the surviving family members – especially if it was caused by a negligent driver. By bringing a wrongful death lawsuit in California, certain family members may seek fair compensation for their devastating loss and be able to hold the negligent driver accountable.

While the loss of life is irreplaceable by any amount of money, grieving families in San Diego County may use compensation to ease financial burdens and access resources for healing. To pursue a strong wrongful death claim, get the assistance of an experienced automobile accident lawyer in San Diego.

Shocking California Auto-Related Deaths Data

The California Statewide Integrated Traffic Records System reports that 3,864 people died in 3,564 traffic crashes throughout the state in 2023. Of these fatalities, 938 involved alcohol and 321 involved drugs. Speeding was also a factor in 985 of these incidents, while distracted driving factored in 111 of the fatal crashes.  

In San Diego County, there were 248 fatal collisions in 2023 alone, tragically killing 258 persons.

These statistics demonstrate the immense loss of life on California roads and highways each year, and how many of them may have been preventable.

Procedure to File a Wrongful Death Claim in San Diego, California

These are the general steps to take in bringing a wrongful death lawsuit anywhere in California:

• Determine your eligibility. California law allows only certain loved ones to file for a deceased person’s wrongful death. (Below, we discuss more about who’s eligible.)

• Compile documentation. Gather all the papers, records, and evidence relevant to your loved one’s death. These may include accident photos and videos, hospital records, medical expenses, funeral and burial receipts, and the like.

• Consult an attorney. While you are not required to have a lawyer in a wrongful death case, it’s vital to have legal guidance and assistance in this complex area. Wrongful death claims are often met with challenges, particularly from insurance companies.

• Negotiate a settlement. In most cases, it’s possible to conduct negotiations with the at-fault party and their insurer to secure your fair compensation.

• Commence your lawsuit. If settlement negotiations go nowhere, you or your attorney can go to the courthouse to file a wrongful death complaint. This officially begins your lawsuit.

In California, Who Is Eligible to File a Lawsuit for a Car Death Case?

If a person has died in a car crash, certain family members may bring a wrongful death case seeking damages under California Code of Civil Procedure Section 377.60. Among the possible plaintiffs (claimants) are:

• Surviving spouse or domestic partner
• Children of the departed
• Additional dependents, such as parents who were financially dependent on the departed
• Heirs entitled to the deceased’s property under intestate succession laws.

While multiple family members may be able to file a claim, California only allows one wrongful death lawsuit per fatality according to the “one action rule.” It is therefore advisable for all prospective plaintiffs to band together and combine their claims into a single lawsuit.

Understanding California’s Fatal Car Crash Settlement Compensation Laws

In California, families who lose a loved one in a fatal accident caused by another driver’s negligence can pursue compensation through a wrongful death claim. California’s wrongful death statute allows certain family members, like spouses, children, and financial dependents, to recover damages for their losses.

Available Compensation in a Wrongful Death Claim in San Diego

The two main categories of damages available in California car accident wrongful death cases are economic and non-economic damages. Economic damages cover quantifiable losses like:

• Funeral and burial expenses
• Loss of financial support the deceased would have contributed
• Loss of benefits like inheritance
• Costs of household services the deceased provided.

Non-economic damages compensate for intangible losses like:

• Loss of companionship, guidance, and nurturing
• Loss of love and emotional support.

If the at-fault driver acted with egregious negligence, the family may also seek punitive damages.

The entire extent of the family’s losses can be determined by an attorney. Factors like the victim’s age, income, and relationship with claimants are considered when calculating economic damages.

Limits to California Wrongful Death Damages

California does not cap damages for wrongful death cases, with one exception: non-economic damages in medical malpractice cases are capped at $500,000. Otherwise, there is no limit on potential compensation in car accident fatality cases.

Working with an experienced car accident wrongful death lawyer is key to recovering the maximum compensation under California law. They will thoroughly investigate liability, calculate damages, and negotiate the highest possible settlement from insurance companies.

Statute of Limitations for San Diego Wrongful Death Claims

A statute of limitations is a law that sets a time limit for filing a lawsuit. In San Diego, as in the rest of California, the general statute of limitations for a wrongful death lawsuit is two years from the date of death. However, certain factors may shorten or extend this window of time.

To preserve your right to file, it’s important to consult with an experienced wrongful death attorney as soon as you can.  

How Hiring a San Diego Wrongful Death Lawyer Can Maximize Compensation

A skilled San Diego car death lawyer can construct a compelling wrongful death case to establish the liability of the at-fault party and optimize damages for the victim’s family. The primary actions of a personal injury lawyer will be as follows:

• Conducting a comprehensive accident investigation to determine the cause of the collision and the at-fault driver’s responsibility
• Gathering evidence to support the case, such as police records, video footage, eyewitness accounts, and more
• Consulting with financial specialists to compute the full cost of missed earnings, benefits, household services, and other damages
• Negotiating aggressively to obtain a maximum settlement with stubborn insurance carriers
• Taking the case to trial in the event that a satisfactory settlement cannot be reached
• Providing knowledgeable legal guidance and compassionate support to the family throughout the process.

Grieving families frequently lack the legal expertise and resources necessary to secure fair compensation. Having an experienced attorney levels the playing field, especially when the lawyer is from a reputable law firm that handles motor vehicle-related wrongful death accident cases.

Though the lost life can never be replaced, holding the negligent driver accountable and securing compensation can bring some closure. A skilled attorney can help families focus on healing while pursuing the justice they deserve.

Resolving Liability Disputes

After a car fatality, insurers will try to lower settlements and contest liability. A personal injury attorney is skilled in refuting these claims. For instance:

• The attorney may contend that the deceased victim’s speeding or other traffic infractions did not directly result in the crash.
• The attorney can contextualize or have a recorded statement made by the deceased omitted from the evidence if it is detrimental to the case.
• The deceased’s attorney may object to the presentation of this material if the deceased made any implied posts on social media.

Our San Diego wrongful death attorney will always seek to maximize recovery even in cases where the deceased’s partial fault may result in a reduction in pay.

Contact Hamparyan Personal Injury Lawyers If You’ve Lost a Loved One in a Car Crash

If you have lost a spouse or family member from a car crash fatality, you might be able to receive financial compensation by filing a wrongful death lawsuit. It’s crucial that you get in touch with a wrongful death attorney as soon as possible. 

We at Hamparyan Personal Injury Lawyers can guide you on your legal options, assist you in filing a wrongful death suit, and fight for the compensation you are entitled to. To learn more, call us today at (619) 550-1355 and arrange a free consultation with one of our experienced San Diego fatal car crash attorneys.