Loved One Died in a car accident in Santa Ana: Can I File a Claim?

Loved One Died in a car accident in Santa Ana: Can I File a Claim?
https://rtmlawfirm.com/loved-one-died-in-a-car-accident-santa-ana-can-i-file-a-claim/

Losing a loved one is traumatic, and when the loss is sudden and a result of an auto accident, it is particularly devastating for the surviving family.

If a loved one died in a car accident, you may be wondering about your legal options. In Santa Ana, understanding the process of filing a wrongful death claim is critical.

What is a Wrongful Death Claim?

In the state of California, which naturally covers Santa Ana, Orange County, a wrongful death claim arises when someone dies due to the legal fault of another person. These deaths can be the result of negligence, a car accident, or intentional actions. The purpose of a wrongful death lawsuit is to provide compensation for family members and to hold the responsible party accountable.

The difference between filing a claim and lawsuit after a fatal car accident is important to understand. A claim is typically filed with an insurance company, while a lawsuit is filed in court. To file a wrongful death lawsuit, you must have legal standing as a surviving family member. This includes spouses, children, parents, and other dependents.

Per California law, the compensation available through a wrongful death car accident claim can include economic and non-economic damages.

Economic damages cover financial losses, such as funeral expenses, the deceased’s medical bills, and loss of future earnings.

Non-economic damages address the emotional suffering of family members, including loss of companionship and pain and suffering.

Legal Process after a Fatal Accident in Santa Ana

The first step in the legal process if a loved one died in a car accident is filing the wrongful death claim. This involves submitting a complaint that details the accident, the negligent actions of the responsible party, and the losses suffered by the family. The claim must be filed with the appropriate court within a specified time, known as the statute of limitations.

The statute of limitations for wrongful death claims in Santa Ana is generally two years from the date the deceased person passed away. However, there are exceptions to this rule, such as if the responsible party is a government entity.

Going through the legal process of a wrongful death claim in Santa Ana is complex. Consultation with an experienced attorney is essential for providing guidance, protecting your rights, and ensuring that you receive the compensation you are entitled to.

Remember, it’s not just about seeking justice legally; it’s also about obtaining closure for your family and taking the necessary steps towards emotional healing.

Call our wrongful death car accident lawyers today.

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