Beverly Hills Fatal Car Accident Lawyer

Beverly Hills Fatal Car Accident Attorney

Each year, more fatal car accidents are reported in Beverly Hills and throughout the country. The increase in vehicular-related deaths isn’t just rising slightly year over year; there is an unprecedented jump in fatal crashes. Electronic devices that are meant to make our lives more convenient can ultimately make us worse drivers if we attempt to use them while behind the wheel. There is also a rise in speeding and driving while intoxicated. The unfortunate result is more deadly car accidents. Nothing can bring back the life of a loved one when they are killed in a car wreck that was the fault of another driver. However, with the help of a car accident attorney, their family can seek to recover damages for their death.

Heimanson & Wolf, LLP, is a reputable personal injury and wrongful death law firm serving Beverly Hills and Los Angeles. We are client-focused and take a personal approach to the people we represent. Our attorneys understand that every story is different, and the needs of every client are, therefore, unique from others. We have successfully recovered millions of dollars in wrongful death claims, as well as personal injury claims, thanks to our team-based litigation approach and the personal interest we take in our clients.

What Is Wrongful Death?

A wrongful death claim is typically filed by a deceased person’s immediate family members against the party who is held liable for the loved one’s death. These claims allow surviving family members to recover damages from the at-fault party who is responsible for the accident that caused the death of their family member.

There are approximately 4,000 deaths related to car crash accidents every year in California. This is almost 50% of the estimated 10,000 people who die in California in one year. To qualify for a wrongful death claim, the case must meet the following requirements:

• Someone passed away.
• The death was the result of someone else’s careless or intentional negligence.
• The survivors of the deceased suffered damages as a result of the accidental death.
• There has been a representative selected to handle the estate of the deceased.

Who Is Eligible to File a Wrongful Death Claim?

If the deceased was legally married when they died, their surviving spouse can legally file a wrongful death claim and has the primary right to do so. Also, the spouse must be legally competent. The deceased’s surviving children may also file a wrongful death claim if there is no surviving spouse or if the surviving spouse is not competent. This includes biological and adopted children, along with stepchildren. A guardian will be appointed by the court if a minor is the only living descendant. This guardian will represent the minor in the wrongful death claim.

If no children of the deceased are living, grandchildren may also file a wrongful death claim. Furthermore, if there were minors who lived in the household with the deceased, even if they were not legal children, they may be able to file a claim to seek compensation if they relied on the deceased to provide at least half of their financial support.

If none of the above are living or exist, the parents of the deceased may file a wrongful death claim if they were financially dependent on the individual who died. Surviving parents may also file a claim if the deceased was an unmarried minor with no children. Next in line to file a wrongful death claim would be other heirs who are set to inherit the estate in accordance with intestate laws. The next of kin will be eligible if no other relatives survive the victim.

Finally, if there are multiple plaintiffs seeking damages in a wrongful death suit, a personal representative can represent them all to simplify the case so that the court can distribute the settlement in line with California wrongful death statutes. Keep in mind that there’s a two-year limitation on filing wrongful death claims following the date of the accident.

FAQs About Beverly Hills, CA Fatal Car Accident Laws

Is California a No-Fault State?

California is not a no-fault state. California is a comparative negligence state. While the at-fault party must pay for any injuries or property damages that they cause in an accident, the at-fault party, who is just partially at-fault, can also collect compensation for any damages and injuries that they experienced in the accident.

How Much Do Lawyers Take From a Settlement in California?

If a case is settled before it goes to trial, the fee for most attorneys is around 40%, but you may be able to negotiate this fee upfront. If the case goes to court, you can expect to pay 33% of your awarded settlement to your lawyer, or one-third of your settlement.

How Much Can You Sue for Wrongful Death in California?

The amount of a wrongful death settlement in California depends on the various factors of the case, including economic and non-economic damages, along with other issues, such as the age and health status of the victim. A Los Angeles car accident attorney can estimate the amount of a potential settlement award for wrongful death by reviewing your individual case and situation.

What Qualifies for Wrongful Death in California?

For a death to qualify as a wrongful death, the four legal elements that must be proven through evidence, or litigation if necessary, are:

1. One party was negligent.
2. There was a breach of duty or responsibility.
3. The cause of the accident (and the death) was due to the negligence of the at-fault party.
4. There were damages that resulted from the death.

Finding a Beverly Hills Fatal Car Accident Attorney

If you’re considering filing a wrongful death claim for your loved one, who you believe wrongfully died due to the negligence or carelessness of another party, you may have an eligible case and be entitled to compensation for damages. Speaking to a reputable Beverly Hills car accident attorney can help you learn more about your situation and allow you to determine whether you have a legitimate case. Contact Heimanson & Wolf, LLP, and speak to one of our knowledgeable legal team members, who can advise you on your situation.