The sudden and needless loss of a loved one in a car accident is an unimaginable tragedy. For most, pursuing accountability through the law seems like the next natural step in bringing the responsible party to justice. A successful wrongful death claim allows you to do just that.
Identifying the liable parties
When preparing a wrongful death claim, you must know who to target. Determining fault involves a meticulous examination of the accident. While the other driver may hold sole liability for your accident injuries, you should not dismiss other possibilities, or it could impact your damages.
Other potentially liable parties include:
- Employer of the driver. The driver’s employer might share liability if the accident occurred during work hours.
- Vehicle or auto part manufacturers. When a defective car or auto part causes an accident, its manufacturer may hold a share of the blame.
- Government entities. Poor or insufficient road maintenance can contribute to accidents, potentially making the government liable.
In commercial truck accidents, the trucking company employing the driver may carry a share of liability if their negligence (poor fleet maintenance, etc.) caused or contributed to your loss. Identifying responsibility ensures a comprehensive claim and brings every component of the negligence chain to light.
Who can pursue justice?
Under California law, relatives of the deceased may file a wrongful death claim when negligence takes away a loved one. Examples of who may file a claim include:
- Spouse
- Domestic partner
- One or both parents
- The deceased’s children
Grandchildren and other relatives may also be eligible for a claim in some situations.
While a wrongful death claim cannot undo your loss, pursuing accountability provides justice and financial compensation to support a path toward healing. Legal guidance can strengthen your claim.