When a negligent driver causes the unexpected and unnecessary death of a loved one, it’s hard to accept that the death was entirely preventable. The surviving family members are often left shocked, devastated, and confused about the legal process that follows. Understanding wrongful death claims after a car accident in California can help grieving loved ones recover.
Who Is Eligible to File a Wrongful Death Claim After a Car Accident in California?
California law states that surviving members of the deceased’s family have a right to file a wrongful death claim following the death of their loved one in a car accident. Family members are defined as surviving spouses, domestic partners, or children of the deceased. If there is no surviving spouse, domestic partner, or children, individuals who are heirs to the deceased’s property under California intestate succession laws may file, including parents, siblings, and other relatives.
What Losses Can Be Compensated in a Wrongful Death After a Car Accident in California?
Damages that may be included in a wrongful death claim following a car accident can include economic damages, such as funeral expenses, medical bills that were incurred prior to the death and were a direct result of the accident, and lost wages of the deceased. Non-economic damages are also recoverable, including emotional distress, pain and suffering of the survivors, and loss of companionship.
In some cases, punitive damages are awarded, which are included at the discretion of the court when negligence or intentional misconduct caused the death. Punitive damages may be awarded if the court feels the defendant should be punished by paying additional funds to the victim’s family. Punitive damages are also meant to deter the at-fault party from potentially acting irresponsibly in the future.
Many of these losses can vary quite significantly depending on the deceased’s situation prior to death. For example, the income of the victim, their age, and their level of health before the accident occurred are all contributing factors that may impact the size of a wrongful death settlement after a car accident.
Do the New 2025 Increases in California Minimum Auto Insurance Requirements Affect Wrongful Death Claims?
Beginning January 1st, 2025, new statewide car insurance minimums were established in California. Both bodily injury or death per person and bodily injury or death per accident minimums were doubled, and property damage per accident was increased by 30%.
This means that the previous minimum requirement of $15,000 for bodily injury or death per person is now $30,000, and the previous minimum requirement of $30,000 for bodily injury or death per accident is now $60,000.
Now, surviving family members of car accident victims can potentially recover more compensation for a successful wrongful death claim.
Are Alcohol-Impaired Driver Fatalities a Common Cause of Wrongful Death Claims?
Each year, about 4,500 California motorists lose their lives in car crashes, which is equivalent to 1.4 deaths per 100 million miles traveled. About 1,500 fatalities involved a driver who was driving under the influence of alcohol, which is about one-third of all traffic-related casualties. It can be safe to assume, then, that had these alcohol-impaired drivers not elected to drive while under the influence, a large majority of these fatalities could have been prevented.
When a loved one is killed in a car accident caused by an alcohol-impaired driver, families are devastated. While the driver may face criminal prosecution, loved ones can also file a civil case against them. Evidence proving that the driver was under the influence, such as a field sobriety test or a BAC test over the legal limit, can help strengthen a legal claim.
While seeking compensation for the expenses your loved one’s death caused won’t bring them back, it can help make things easier in the face of grief. Understanding wrongful death claims after a car accident in California is the first step to recovering your family’s losses.
FAQs
Q: What Is the Average Settlement for Wrongful Death in California?
A: The average settlement for a wrongful death claim in California varies significantly from case to case. The extent of the injuries incurred and the medical bills the injuries caused prior to death can be large factors in a settlement claim. The victim’s age, health, and income prior to their accident can also affect a settlement amount. To know more about what your settlement may be worth, speak to a respected wrongful death lawyer in California.
Q: Does Car Insurance Cover Wrongful Death?
A: Yes, car insurance does cover wrongful death up to the amount the policyholder’s policy covers. California has minimum requirements for liability in the event of death. If a wrongful death settlement exceeds the policy coverage, the plaintiff will have to seek damages above this amount specifically from the at-fault party. A wrongful death lawyer can be a useful resource in this type of case.
Q: What Damages Are Recoverable for Wrongful Death in California?
A: Wrongful death claims in California may include economic expenses, such as medical bills, loss of potential wages, and funeral costs, as well as non-economic expenses, like pain and suffering of the surviving family members and loss of consortium. In some cases, punitive damages will also be included in a wrongful death settlement.
Q: What Is the One-Action Rule in California for Wrongful Death?
A: The one-action law in California for wrongful death claims means that multiple family members or survivors cannot file multiple claims for the same wrongful death. They must consolidate their damages against the at-fault party into one single claim. The settlement will then be awarded to the entire group and distributed accordingly.
Contact a California Wrongful Death Attorney From McLachlan Law, APC
There are around 80,000 wrongful death, motor vehicle personal injury, and property damage claims filed each year in California. If you believe you have a valid wrongful death claim against the at-fault party who caused your loved one’s death, speak to a trusted wrongful death lawyer. Call McLachlan Law, APC, to discuss your case with our qualified and experienced legal team.