Ambarchyan Law

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Filing a wrongful death after a loved one dies in a car crash

by | May 16, 2021 | Firm News

It’s devastating when a loved one dies in crash. Not only are you immediately thrust into a period of mourning for your loved one, but you must also make a series of financial decisions within a short period to protect your family’s financial future.

There are a few steps you can take to help ensure the best outcome in your case.

Keeping an eye on the statute of limitations that applies in your case

State laws limit the amount of time you have to bring a wrongful death lawsuit. This statute of limitations varies by jurisdiction. California’s is two years. If it expires, unless there is a legal exception, then you lose your right to file a claim for damages.

Some entities, such as government agencies, may require advance notification of your intention to file a lawsuit to give them a chance to settle before you pursue litigation.

Maintaining detailed records of your expenses

The death of a family member can leave you drowning in hospital and funeral bills. A loved one’s untimely passing can also rob your family of its main breadwinner. All of this may greatly impact your ability to stay on top of your finances.

You’ll want to document all costs you incur as a result of your loved one’s untimely passing. You’ll increase the speed with which you may be able to recover costs by having these readily available to turn over to an insurer.

Finding an experienced wrongful death attorney

Proving negligence and fault in situations that result in an individual’s death isn’t easy to do. It requires conducting a thorough analysis of the facts in the case and sometimes conducting a re-creation of events that led up to your loved one’s death. It may also involve an investigation of the other party involved and his or her insurance and assets. Running life expectancy models based on your loved one’s age and lifestyle at the time of their death may be necessary as well. An attorney with experience in handling this type of case will be able to provide you with invaluable insight as to achieve the best outcome in your case.