Santa Cruz Fatal Car Accident Lawyer

Maison Law represents fatal car accident victims’ families in Santa Cruz.  If a family member was tragically lost in an auto accident, we understand that no amount of money can make up for your untimely loss. However, there are options to alleviate your financial burdens and make the recovery process a little easier. Contact Maison Law today for a free consultation and case evaluation.

How a Santa Cruz Fatal Car Accident Lawyer Can Help

From the beautiful beaches and quaint surf shops along Pacific Avenue to the vintage rides on the famous Santa Cruz boardwalk, tourists from all over the country flock to Santa Cruz. Unfortunately, tourism traffic congestion is one of the leading causes of fatal car accidents in California according to Distracted Driver Accidents, making Santa Cruz a high-risk area for fatal car accidents.

If you find yourself in the unfortunate situation of losing a loved one in a fatal car accident, it is important to know that going into a wrongful death lawsuit without legal representation can be complicated. After an accident, insurance companies will most likely attempt to assign some percentage of blame onto the decedent, making your fight for fair compensation even more difficult. For those reasons, it is advised to seek the counsel of an experienced Wrongful Death Attorney.

An attorney will take legal action against the party responsible for causing the fatal accident to secure compensation for:

• Medical bills directly related to the accident injuries from the time of the accident to your loved one’s death.
• Funeral and burial expenses
• Lost income, which includes income from the time of the accident and future lost income
• Loss of household services your loved one used to provide
• Pain and suffering the decedent was exposed to before their untimely death
• Medical bills the decedent may have accumulated
• Loss of consortium

What Evidence is Needed to Prove a Wrongful Death in a Fatal Car Accident in Santa Cruz?

If negligence causes the death of a loved one and can be proven, you have a strong case. The following are four elements of evidence necessary to prove fault in a fatal car accident:

1. Had an obligation to act with reasonable care: If a person is driving a car or a truck they are expected to follow traffic laws, as well as be aware of other drivers on the road.
2. Breached their “duty of care:” The plaintiff must demonstrate they were owed a duty of care by the person at fault. For example, in a fatal car accident, the duty of care would have been ignored if another car broke a traffic law and was driving dangerously before the collision.
3. Acted careless or reckless: If the defendant failed to provide a duty of care to other drivers and caused another’s death, the plaintiff must prove the other’s careless or reckless actions resulted in the loss of their loved one.
4. Damages: The plaintiff must be able to prove they suffered damages due to the loss of their loved one.

Common Causes of Fatal Car Accidents

Fatal car accidents are more common than you think. According to the Insurance Institute for Highway Safety, over 33,244 people died in motor vehicle crash in 2019 alone. This is a sobering truth that any driver, passenger, or pedestrian must recognize every time they get on the road. The most common acts of carelessness, or recklessness, involving fatal car accidents include:

• Distracted Driving: even momentary glances can cause devastating accidents. Distracted driving can be proven through camera footage, cell phone records, and collision investigations.
• Speeding: speeding only increases the severity of accidents and is a leading contributor to fatal motorcycle accidents every year in California. A driver’s CPU data can potentially reveal their speed before an accident.
• Moving violation: running red lights, illegal U-turns, or failing to yield can disrupt the flow of traffic, leading to major accidents. These illegal actions can typically be proven by traffic camera footage and eyewitnesses.
• Driving under the influence (DUI): Penalties for this illegal action are harsh and can include criminal charges, jail time, license suspension, and other heightened penalties.

What is the Typical Compensation for a Fatal Car Accident in Santa Cruz?

It is difficult to assign a dollar amount to the grief and trauma experienced by the surviving family members of a fatal car accident. However, the severity of your economic damages (such as lost wages and medical bills) and non-economic damages (emotional harm, depression, and anxiety) will give you an idea of what you can expect from a wrongful death settlement. These damages combined include:

• The financial support received from the decedent
• Loss of income the decedent would have continued to earn
• Funeral and burial expenses
• Loss of benefits the family would have received from the decedent
• Loss of consortium
• Mental trauma and anguish associated with the loss of a loved one

No one should have to continue to suffer financial burdens after the tragic loss of a loved one due to a fatal car accident. Our wrongful death attorneys at Maison Law are standing by to give you and your family the support they need to get through this difficult time. When you’re ready, contact us at Maison Law to get the legal help you need to get your life back on track.

Are Damages Different Between Wrongful Death & Survival Action?

While there are similarities between wrongful death and survival action, damages for wrongful death claims can typically only be filed by the surviving spouse, children of the deceased, parents of the deceased, or any other person permitted by law. Survival actions are typically brought forth by the executor of the deceased person’s estate. An executor of an estate is an individual appointed to administer the law will of a deceased person and carry out instructions to manage the affairs. Executors ensure all assets in the will are accounted for an transfer these assist to the correct beneficiary.

The types of damages that can be claimed in a wrongful death claim include:

• Loss of household services once provided by the deceased
• Loss of consortium damages for a spouse or domestic partner
• Loss of guidance, care, nurturing, and affection provided by the deceased
• Loss of financial support provided by the deceased
• Loss of inheritance caused by the wrongful death

A survival action will provide compensation for matters directly related to the injuries sustained by the deceased up until the time of their death. These include:

• Medical expenses
• Pain and suffering the decedent suffered
• Lost wages between the period they were injured and the time of their death

What are the Statute of Limitations for Filing a Wrongful Death Claim?

In California, eligible survivors have two years from the time they lost their loved one to file a wrongful death suit. However, there are exceptions to this statute if you’ve waited more than two years to file. Medical malpractice is an exception, giving eligible survivors three years from the date they discovered their loved one’s death was a result of medical malpractice.

The “discovery rule” is another exception used when the survivors could not have reasonably known their loved one had died. This rule allows a two-year statute to begin from the date the family members became aware of the decedent’s death.

FAQ

Q: What is California’s “one action” rule?

A: California’s one-action rule says all eligible family members must participate in the same wrongful death lawsuit. This prevents each family member from attempting to sue the liable party multiple times.

 

Q: What is the process for filing a wrongful death claim or a survival action?

A: To file a wrongful death claim or a survival action, your first step is to meet with an attorney. Maison Law representatives are available 24/7, and we are happy to set up an appointment with you over the phone or in person.

 

Q: How does wrongful death DUI differ from wrongful death?

A: In cases where drunk driving led to a fatal accident, families may be able to claim additional punitive damages. These damages are rare in wrongful death accidents because those accidents are typically done out of carelessness, rather than extreme recklessness like drunk driving. Punitive damages serve as a punishment to the drunk driver for their wrongdoing.

Contact a Fatal Car Accident Lawyer in Santa Cruz

If you’ve lost a loved one due to the careless driving of another, the fatal car accident attorneys at Maison Law do not back down from complex wrongful death cases. We advocate aggressively on the side of families who need compensation for the untimely loss of a loved one. Contact Maison Law today for a free consultation and case evaluation. There are no upfront fees for our services and you will not be charge a cent unless we win your case.