What is Considered Wrongful Death in the state of California?

An accident is considered a wrongful death case in the state of California when a member of your family was caused fatal injuries by the negligence of another person, business, or government employee such a police officer or medical personnel. The person responsible for the wrongful death of your loved one may be convicted of a crime and be prosecuted in criminal court, but for your family to receive compensation for your losses a separate wrongful death case is required.

Wrongful Death Case Types

There are a variety of different types of wrongful death situations. A wrongful death lawsuit is needed as a result of any negligent act or failure to act resulting in death. Here are some examples of wrongful death situations in the state of California:

  • Medical Malpractice
  • Deaths involving dangerously defective products
  • Premises liability fatalities
  • Motor vehicle accidents caused by neglectful driver
  • Other transportation accidents caused by a negligent driver

Wrongful Death Statute in the State of California

A wrongful death civil lawsuit is filed by survivors of the crash, by a family member or loved one of the deceased, or by the personal representative of the person who died in a wrongful death accident due to accidental or intentional fatal injury. If the individual responsible for the wrongful death of your loved one is held accountable, that individual will be ordered to compensate the deceased family members for any damages they’ve suffered. Wrongful death statutes vary by state. You can find California’s wrongful death statute at CCP section 377.60.

The Statute of Limitations in a Wrongful Death

According to CCP 335.1, a wrongful death lawsuit must be filed within two years of the death of your loved one. There are some exceptions, and a lawyer can inform you of those.

What is Considered Damages in Wrongful Death?

Compensation for wrongful death cases are separated into two categories These are damages awarded to the deceased surviving family members or damages awarded to the deceased estate.  

Damages awarded to the deceased estate include:

  • Funeral and burial expenses
  • Medical bills associated to the deceased fatal illness or injury
  • Lost income and income expected to be made in the future

Damages awarded to the deceased surviving family members include:

  • Loss of affection, moral support
  • Expected counseling services expenses
  • Loss of future financial support
  • The value of the deceased household services

Who Can File a Wrongful Death Lawsuit

Others may be able to bring the wrongful death lawsuit, but generally preferred people are the spouse of the deceased, the children of the deceased or dependent minors of the deceased, and the parents of the deceased can file a wrongful death lawsuit in the state of California.

Even if the loss of your loved one is unclear, if you suspect their death to be wrongful or negligent it is extremely important that you contact a lawyer that specializes in wrongful death cases. It is important that your loved one receives justice and that your family received compensation for the damages caused to your deceased loved one. Please contact a personal injury attorney as soon as possible, the call and consultation is always free on any wrongful death claim.

Information on Uber Accidents

If you are lucky enough to live in a city like Costa Mesa, CA that gives you ridesharing options such as Uber and Lyft, you’ve certainly got no excuses for you to get where you need to go. But, unfortunately, just with any transportation, there is a danger behind it. So don’t think that just because you are utilizing the excellent option of Uber that you won’t be somehow caught up in an accident at one time or another.

What You Need to Know About Uber Accidents

Both Lyft and Uber are major corporations and are worth billions of dollars, so they must ensure that their drivers are covered by $1 million both in uninsured/underinsured motorist and liability coverage. This means that anyone injured in an Uber or Lyft accident that was not at fault for the accident may have the ability to collect a complete package of compensation for medical costs incurred, along with pain and suffering.

You may be compensated if one of the following situations applies to you:

  • A passenger or motorist was injured in a collision where a ridesharing driver was negligent.
  • The driver of a ridesharing car was injured in an accident where another driver was negligent.
  • A passenger injured in a ridesharing car, no matter which driver was negligent.

Here are the three stages of an Uber driver and how responsibility falls within each of those stages:

  • Stage 1. The driver is using his care for personal reasons and is not available to pick up passengers. His own insurance is then responsible for any accidents he is in.
  • Stage 2. The driver is available or waiting for passengers, but he is not carrying any passengers at this time. If the driver is available but not carrying a passenger, an accident will primarily be covered by the driver’s insurance. Uber may provide additional liability coverage to cover property damage.
  • Stage 3. The driver is carrying a passenger. If an accident occurs when a driver carries a passenger, the driver and passenger are covered under Uber’s liability policy.

If you are involved in a car accident while utilizing an Uber service, or while on the clock as an Uber driver, contact an experienced Uber accident personal injury attorney by visiting a personal injury attorney directory today.