Fatal Car Accidents
While many car accidents are minor, and the parties involved can walk away unharmed, some car accidents result in fatal injuries. Unexpectedly losing a loved one in a car accident is shocking and can cause great emotional and economic harm. If you suffered the loss of a loved one due to a fatal car accident, you should speak with an attorney regarding your right to pursue damages. Zev Rubinstein is an experienced San Marcos car accident lawyer who will aggressively pursue the full amount of compensation that you are owed. Mr. Rubinstein has over 25 years of experience representing people in lawsuits arising out of car accidents in San Marcos, Vista, Oceanside, Carlsbad, and Escondido. He understands the devastation that a fatal car accident can cause in the lives of the people left behind, and he represents the families of victims with compassion.Causes of Fatal Car Accidents
Fatal car accidents are frequently caused by people driving at a high rate of speed. When an impact involves a car traveling at an excessive speed, it is more likely to cause fatal injuries. Fatal car accidents are also often caused by drivers who are impaired due to the use of drugs or alcohol and lack the ability to drive safely. Distracted driving causes many fatal car accidents as well. Drivers who are focused on a phone or GPS system and take their eyes off the road can cause catastrophic collisions.Filing a Wrongful Death Claim Following a Fatal Car Accident
When a person dies in a car accident in Vista, Carlsbad, Oceanside, San Marcos, or Escondido, a wrongful death lawsuit can be filed to recover compensation for the harm arising from the person’s death. Wrongful death claims are governed by statutory law in California. Under the law, a wrongful death claim may be pursued by the spouse, domestic partner, children, or grandchildren of the deceased person, or anyone else who would be entitled to recover under the laws of intestacy.
To recover damages in a wrongful death lawsuit, the plaintiff must prove that the deceased person’s death was caused by the negligence of the defendant. In other words, the plaintiff must show that the defendant owed the deceased person a duty, the duty was breached, and the breach caused the death of the deceased person. The plaintiff must also show that he or she suffered harm as a result of the deceased person's death. Negligence must be proven by a preponderance of the evidence, which means that the plaintiff must show that it is more likely than not that the defendant’s actions caused the deceased person’s death.
If you lost a loved one in a fatal car accident in Oceanside, Vista, Carlsbad, San Marcos, or Escondido, and you wish to assert a wrongful death claim, you must act promptly. Any wrongful death claim must be filed within two years of the date of the person’s death.Recoverable Damages
In a wrongful death case, any damages awarded will be in a lump-sum verdict, which then must be distributed among the heirs. The damages cover the pecuniary losses caused by the person’s death, which include the cost of any medical treatment prior to the person’s death, funeral or burial expenses, and the loss of the income that the deceased person would have earned throughout the remainder of his or her life. The damages also include compensation for the loss of the person’s comfort, companionship, and affection. No damages are recoverable for the pain and suffering of the deceased person or his or her survivors.Consult a Knowledgeable Car Accident Attorney
If you have lost a loved one in a fatal car accident, it is prudent to consult an attorney to discuss your options for seeking recourse. Zev Rubinstein is a knowledgeable injury lawyer who can assist you in pursuing claims against the party responsible for the loss of your loved one. Mr. Rubinstein frequently assists families in wrongful death lawsuits in San Marcos, Vista, Oceanside, Carlsbad, and Escondido. We can be contacted via the online form or at 760-804-2790 to set up a free and confidential consultation.