What to do if a fatality occurs in an accident

July 16, 2013

Ellis Law Corporation

Auto Accident

While this is a sad and horrific tragedy that may occur as a result of a traffic accident. Some families would like to know what they can do legally if a fatality resulted after an accident. This information below is not to further grieve a family, but to aid them in getting justice for their loved ones.

If you have lost a loved one in a fatal car accident, you may wish to pursue a wrongful death lawsuit against the negligent driver. The dedicated Los Angeles car accident lawyers at Ellis Law are committed to protecting your legal rights in the event that you have lost a loved one in a fatal car accident. We will vigorously fight for your rights and interests both in negotiations and in a court of law so that you are compensated for your loss.

Pursuing a Wrongful Death Lawsuit following Fatal Car Accident

If your loved one was killed in a fatal car accident, you are likely reeling from the emotional turmoil. You may also be scared and confused about your legal rights following the fatal auto accident. Depending on the circumstances surrounding the fatal car accident, you may be able to recover compensation from the negligent motorist in a wrongful death lawsuit.

A wrongful death lawsuit is a type of personal injury lawsuit in which a representative of the decedent seeks compensation and damages from the person(s) responsible for the victim’s death. There are strict statutes of limitations that require that a wrongful death lawsuit be filed within a certain time period following the accident. The applicable statute of limitations varies depending on state law and the type of accident that caused the death, so it is important to consult with a skilled attorney as soon as possible following a fatal car accident in order to ensure that the appropriate steps are taken to preserve and protect your legal rights.

Compensation and Damages in a Fatal Car Accident Lawsuit

If you have lost a loved one in a fatal car accident, you may be able to recover the following damages in a wrongful death lawsuit:

  • Medical bills incurred by the decedent prior to death
  • Funeral expenses
  • Loss of the decedent’s future income
  • Loss of the decedent’s benefits (pension, health insurance, etc.)
  • Loss of future inheritance
  • Loss of parental guidance if the decedent has surviving minor children
  • Loss of spousal companionship, protection and care if the decedent was married
  • Pain and suffering of the survivors due to the trauma of losing a loved one
  • Pain and suffering of the decedent if an injury preceded the death
  • Punitive damages if the defendant’s actions were intentional, malicious or particularly egregious

Compassionate Wrongful Death Attorneys

Ellis Law is committed to guiding you through the recovery process following the death of a loved one in a fatal car accident. We are compassionate and dedicated and will work tirelessly to aggressively advocate on your behalf to get you the compensation you need and deserve. Moreover, we will listen to your concerns and guide you through the entire legal process so that you understand what is involved with a wrongful death lawsuit and focus on dealing with the emotional recovery following the devastating auto accident.  Call Ellis Law at 310-641-3335  to schedule a free consultation with one of our dedicated Los Angeles car accident lawyers to learn more about a possible fatal car accident lawsuit.