Motor Vehicle and Pedestrian Accident Causes a Deadly Crash
A deadly crash involving a motor vehicle that occurred along Interstate 80 on December 19 cost the life of a pedestrian in the area of Citrus Heights. The accident happened around 6:15 p.m. on the highway’s eastbound lanes close to Antelope Road. Information was not provided on whether the driver remained at the scene or fled. A video shot by Caltrans showed that traffic was backed up to Greenback Lane due to the collision. The identity of the pedestrian has not yet been released.
Filing a Claim for Wrongful Death Following a Deadly Crash
Under California law, only certain members of the family are allowed to place a claim for wrongful death. Under California Code of Civil Procedure (CCP) Section 377.60, they can recover damages for the loss of their loved one in a deadly crash. Because only one lawsuit is allowed, family members may join the lawsuit. The following family members may join together to file a wrongful death claim:
- The spouse or putative spouse (someone who believes they were married) may file a claim.
- Children of the decedent, including those who were adopted or step-children who received at least half their support from the decedent, may file.
- Parents of the decedent may file if they also received half their support from the deceased.
Recoverable Damages in a Wrongful Death Lawsuit
Following a deadly crash that claims the life of a loved one and was caused by a negligent driver or other entity, the following may be claimed:
- Wages that were lost due to the decedent’s death may be claimed. This includes their pension benefits, insurance, and other perks of the job, which are recoverable until the decedent’s age of retirement.
- Funeral and burial costs may be recovered.
- The surviving spouse may claim loss of consortium, companionship, and moral support that the decedent provided.
- Children in the family may place a claim for the loss of nurturing and guidance the loved one provided.
- Loss of inheritance can be claimed in some cases, which is the amount the beneficiaries would normally have inherited had the person lived.
- Recovery of the value of household services the decedent provided may include lawn and vehicle care, tax preparation, childcare, and others.
- In the event the decedent lived for a time before expiring, a survival action can be filed on their behalf, which recovers medical expenses and more.
How Filing a Claim for Wrongful Death After a Deadly Crash Can Help
My team of injury lawyers and I have assisted many Citrus Heights residents over the years in obtaining fair compensation for the loss of a loved one. We realize it will not ease their grief and suffering, however, it can help them avoid the financial stress that often accompanies a death in the family. In addition, by filing a wrongful death claim, it can help the family by offering them a sense of closure and justice for their loss.
Call for Free Advice About Placing a Claim
We offer a free, no-obligation review of your case, can tell you whether your family can file a claim, answer your questions and tell you what options are available to recover damages.
Wrongful Death Attorneys in Citrus Heights
I am Ed Smith, a wrongful death attorney in Citrus Heights. When your family has lost a loved one because of a negligent driver, they may want information on whether they can file a wrongful death lawsuit. You are welcome to contact us for free and friendly advice at (916) 921-6400 or at (800) 404-5400. We can be reached online also.
My law firm has helped grieving families in Citrus Heights obtain compensation for the loss of a loved one because of the negligent actions of another person or entity since 1982.
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Photo attribution: Image by Andreas Lischka from Pixabay
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