More and more people are getting tragically killed in car accidents. They leave behind families and loved ones waiting for them to come home, and that time just never comes. There’s so much pain and distress in fatal car accident cases. Nothing can ever truly cover just how big of a loss they leave, but it can be beneficial to pay for costs relating to the death and ongoing financial support for the family left behind.
Economic damages
Economic damages are the tangible, financial losses that result from a fatal car accident. These can include medical costs for any treatment the victim received before passing away and funeral and burial expenses. This can also cover the loss of income the deceased would have earned if they had lived.
The compensation also includes reimbursement for lost benefits like health insurance or pension plans. These damages are calculated based on actual costs and projected future earnings, providing some financial stability for the family during an incredibly difficult time.
Non-economic damages
Compensation for non-economic damages recognizes the emotional trauma of loss, including any distress the deceased may have experienced in their final moments. This can also include compensation for:
- Loss of companionship and support for the surviving spouse
- Loss of parental guidance for children
- Emotional distress experienced by family members
- Loss of love and affection
- Mental anguish
- Loss of consortium (for spouses)
- Loss of enjoyment of life for the deceased before death
While putting a price tag on these losses is impossible, the law recognizes their significance and allows for compensation. These damages aim to acknowledge the profound emotional toll of the loss and provide some form of recognition for the family’s suffering.
Filing a wrongful death claim
In California, specific family members can file a wrongful death claim after a fatal car accident. Typically, this includes the deceased’s spouse, children or parents. There’s a time limit, though, which is generally two years from the date of death. Filing a claim involves proving that another party’s negligence or wrongful act caused the death.
It’s a complex process that often requires gathering evidence and negotiating with insurance companies. It can also involve going to court. While it can be emotionally challenging to pursue legal action during a time of grief, it can also provide a sense of justice and financial security for the future.