Do lawyers help with wrongful death suits and survival actions in San Diego California?
California – February 9, 2021
Negligence and California fatalities.
Blatant negligent acts in the State of California may have added to the over 3,500 lives lost to accidents in 2018, including those caused by driving under the influence, distracted driving, and reckless driving, all of which may result in criminal action and wrongful death claims. California is a “fault” state with regard to accidents, meaning that a victim can bring a claim against the responsible party before they file a claim against their own “no-fault” insurance, and there is a two year time period to file a suit after an accident. Fair compensation in wrongful death cases is complicated to calculate because lost future income is considered a component of economic damages in California. Experienced legal counsel can utilize experts to make valuations based on the individual case.
A California car accident attorney can help victims of loss understand the differentiation between damages under wrongful death claims and those that fall under survival actions. If a car accident victims suffers death immediately, the survival action damages will be different than if they suffer for a time period after the accident, but before the death that resulted from it.
Wrongful death.
A wrongful death legal action can be brought by loved ones during the two year statute of limitations after a person dies because of the negligent, reckless, or deliberate act of another. Personal injury attorneys can assist loved ones of a victim suffering fatal injury due to negligence on the part of another person. Damages in these lawsuits can include:
- Medical bills and burial expenses
- Compensation for lost wages
- Compensation for the pain and suffering
Many families file wrongful death claims, along with survival actions to reimburse an estate for losses the deceased loved one suffered, while a wrongful death lawsuit compensates survivors for their losses.
Survival action.
A survival action could compensate an estate for lost wages, medical bills related to final illness, or injury, and personal property damages the victim incurred. Insurance should cover damages for compensation to replace, or repair property, costs incurred from medical professionals treating injuries, lost wages, and negative changes in lifestyle.
Seek legal counsel.
Seek legal counsel immediately after a motor vehicle accident takes the life of a loved one, to make certain that the insurance company pays any costs related to funeral and burial expenses, losses sustained to property, medical bills, lost wages, or continued expenses incurred by the estate of the person who died. Hire an experienced personal injury attorney in San Diego, who is familiar with California laws by contacting the Law Offices of Jeffrey E. Estes & Associates, who can assist with a wrongful death and survival action when necessary.
Jeffrey E. Estes & Associates, a Professional Law Corporation
501 West Broadway, Suite 1650
San Diego, CA 92101
Phone: 619-233-8021
Fax: 619-233-3730
Sources:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23152
https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/index.cfm
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