Losing a loved one in a car crash caused by someone else’s negligence is a heartbreaking experience. The shock, the suddenness, and the grief can feel unbearable.
In addition to the emotional pain, families are often left managing unexpected legal and financial challenges. While filing a wrongful death claim can’t take away the sorrow, it may offer crucial support during a time of personal and financial hardship.
A wrongful death claim provides compensation to surviving family members for expenses like funeral costs, lost income, and the emotional impact of their loss. However, families often face legal hurdles that can make it difficult to get the clarity and accountability they deserve.
Learn how a qualified California car accident attorney can help you move forward, honor your loved one, and receive financial support for the future.
Understanding Wrongful Death Claims
A wrongful death claim arises when someone dies because of another person’s careless or reckless actions. In car crash cases, it often means a negligent driver made a poor decision, like speeding, texting, or driving under the influence, that led to the loss of your loved one.
The purpose of a wrongful death claim is to support the surviving family by addressing both financial burdens and emotional suffering. This support may include:
- Funeral and burial expenses
- Medical bills related to the fatal injury
- Lost income the deceased would have provided
- Loss of companionship, care, or guidance
- Emotional suffering experienced by family members
Every situation is different, and understanding your rights can help you make informed decisions during this difficult time. While these claims are meant to bring some stability after a tragic loss, the legal process can often be complex and unexpectedly challenging.
Delays and Disputes Over Who Can File
In California, the right to file a wrongful death claim is limited to specific individuals, typically a spouse, domestic partner, children, or other financial dependents. If family members disagree about who should file or how to handle the claim, the probate court may need to step in and appoint a personal representative to move the case forward.
That process can take between nine and 18 months, often delaying the case and negotiations. Insurers typically wait for clear legal authority before discussing a settlement, which means families may face long periods without financial support.
Proving the Other Driver Was at Fault
Even in tragic cases, liability doesn’t always go uncontested. Insurance companies may argue that the deceased was partially at fault or that something else caused the crash. Proving negligence often requires a detailed investigation, including witness accounts, crash reports, and input from reconstructionist experts.
For instance, if a driver ran a red light but argued that the other car was speeding, both parties might share some blame. Under California’s comparative negligence rules, any compensation awarded is reduced by the percentage of fault assigned to the deceased.
This can be especially frustrating for grieving families who are seeking accountability for a preventable tragedy.
Measuring the Financial and Emotional Impact
One of the most difficult aspects of a wrongful death claim is determining the value of the losses. Families are asked to quantify immeasurable things, like the companionship they’ve lost or the guidance a child will never receive.
Tangible losses, such as future income or medical expenses, are typically easier to calculate with the help of employment records or economic experts. But emotional losses are just as significant. The challenge lies in presenting these losses clearly and persuasively without diminishing the depth of a deeply personal tragedy.
Insurance Companies Undervalue Claims
Insurance companies often add to the difficulty of a wrongful death claim. They may drag out communication, offer a low settlement, or deny responsibility. In fatal crash cases, some even attempt to shift the blame to reduce their financial liability.
Things get even more complicated when multiple insurance policies are involved, such as the at-fault driver’s coverage and the deceased’s uninsured or underinsured motorist policy. Without legal guidance, families can find themselves overwhelmed by competing claims and pressured to accept far less than they’re entitled to.
Grief Makes the Process Even Harder
Filing a wrongful death claim isn’t just a legal decision; it’s also an emotional one. For many families, the thought of revisiting the circumstances of the crash or handling legal matters while grieving can feel daunting. Concentrating, returning phone calls, or making decisions are all difficult when the loss is still so fresh.
Unfortunately, this emotional toll can lead to delays, like missed deadlines, ignored requests, or waiting too long to take the first step.
How California Car Accident Attorneys Can Help
A compassionate, experienced legal team can help shoulder the burden and give your family the time and space to grieve. A wrongful death attorney at our law firm can:
- Investigate the crash and gather evidence to prove fault
- Accurately calculate damages, including both financial and emotional losses
- Handle communication with insurance companies and push back against delays or lowball offers
- Ensure that the claim is filed correctly and on time, even if probate is involved
- Represent your family in court if a fair settlement isn’t possible
Wrongful death claims are never easy, but our skilled attorneys can help you seek justice, find closure, and begin rebuilding your future.
Get Experienced Support When It’s Needed Most
Losing a loved one in a car crash caused by someone else’s negligence leaves you trying to stay strong while making decisions no one should have to face alone. A wrongful death claim can’t undo the loss, but it can help provide the stability your family needs during an uncertain time.
At Berg Injury Lawyers, we understand how difficult this time is and are committed to protecting your rights. Reach out today for a free consultation. Tell us about your loss, learn what to expect, and let us help you pursue the compensation your family deserves.
