Wrongful Death Claims in California

Wrongful death cases are some of the most complex, nuanced and emotionally charged cases within the entire realm of personal injury law. The wrongful death of a loved one by accident will inevitably result in life altering circumstance. It may be critical to retain professional guidance to help you navigate the legal circumstances of such an unfortunate and tragic incident.

It very imperative to act quickly as the evidence can quickly disappear, proving almost impossible to retrieve later. In a wrongful death case, evidence serves as the entire basis of what the case is built upon; the preservation of evidence is critical to the success of the case. It is also critically important to have an experienced lawyer, and legal representation on your side to assist with you evidence collection and preservation. Without proper evidence preservation, you may be subject lose the entire case. 

Wrongful death lawsuits vary greatly by nature as they are comprised of a multitude of unique circumstances. These circumstances may also be subject to changing laws. Wrongful death accidents, given their lethal nature, qualify for substantial compensation. To avoid liability and high potential payouts, companies are often eager to hire high-profile attorneys as a means of reducing their liability in have to award the compensation that a victim’s family is entitled to. Without hiring an experienced attorney, it will prove increasingly difficult to fight for the compensation you may be entitled to. 

Amerberg Law Group is well-equipped to fight on your behalf. We have over 20 years of expertise and have handled many different varieties of wrongful death suits. The most common wrongful death cases that we have experience in successfully overseeing include medical malpractice cases, product liability, workplace and construction accidents, premises accidents, and car accidents. Do not waste any additional time and make the call to contact us today for professional legal advice. We will offer you the highest quality legal assistance and help you choose the best strategy to prepare and fight for your case. We will also help facilitate the professional medical and counseling help you require. Amerberg Law Group attorneys will not require payment until your claim is fully resolved and recover the full compensation that you are owed.

Ready to speak with someone about your family's case? Visit our wrongful death lawyer page to see how Amerberg Law Group handles these claims, or call 424-433-5363 for a free, confidential consultation.

What is an accident?

A traffic accident is an event that occurred during movement of a vehicle on a road and with its participation, in which people were injured or killed and vehicles, structures and property were damaged or other material damage was caused.

Accident causes

Let’s take a look at the most common ones:

• Speeding
• Driving under the influence
• Lane splitting
• Sudden stops
• Inexperienced drivers
• Left turn accidents
• Dangerous road conditions
• Vehicle defects
• Hazard on the road
• Weather conditions

Statistics

• Unfortunately nowadays Los Angeles is considered to have the highest rate of traffic accidents resulting in injuries and fatal outcomes in the United States.
• In 2019 alone there have been roughly 54,000 collisions reported, making it a bit less than 2018, according to the LAPD including 236 reported deaths.
• It is a very disturbing fact that the amount of traffic collision deaths is 32% more compared to the previous 5 years making the pedestrians the majority of the victims.
• LAPD categorized over 25,300 crashes as hit-and-runs.
• Pedestrian fatalities raised by 69% over the past few years.
• Important to understand that fleeing the collision scene makes it a felony even in case it was not the driver’s fault.
• The main reason for the crash increase was caused by DUI and texting

Protecting evidence after a fatal accident

If you or a family member are present at the scene, or are able to assist with the accident report soon after, the following steps can help preserve the evidence a wrongful death claim depends on:

1. Move to a safe area right away (if you can)

Move your vehicle / motorcycle out of the way, for example the road shoulder, in order to prevent further harm. If your car is impossible to move, turn on your emergency lights to let other drivers know that you’re going to be there for a while.

2. Stop your car and get out of it

Make sure that your car has come to a complete stop and is no longer moving, turn it off, put it into the park mode or use the hand break if you’re driving a manual. Take a deep breath and look around to make sure it is safe to get out before you open the door. Flares and other safety items might come in handy.

3. Check on other people

Walk over to the other parties involved (drivers, passengers and pedestrians) in order to make sure they are not hurt. If someone is injured it is time to call 911. A person may be severely injured even if showing no significant signs other than dizziness and bruises.

4. Report to the police

It is always best to have a police officer come to the scene which will allow you to prove important details in the future when dealing with the insurance company. Be careful not to admit fault or put the blame on the involved drivers right away at the scene. This would be the police job to adequately judge the situation and conclude whose fault it really is. There are cases when police often don't come to the scene (usually when there’s no injuries), in which case you can simply report your accident to your local DMV.

5. Information exchange

Try to gather as much information as possible according to the list below:

• Name of the driver and the passengers
• License plate number
• Insurance information
• All involved vehicles makes and models
• Accident location
• The police officer’s name or badge number

6. Documenting the scene

Most likely you have your smartphone with a camera, use it to take a few pictures of the accident. This will be a great addition to the other claim details.

7. File your insurance claim

All these steps will make the process much smoother and less stressful.

Ready to talk to a wrongful death lawyer?

Our thoughts are with you and your family. When you're ready, visit our wrongful death lawyer page to see how our attorneys handle these claims, or call 424-433-5363 for a free, confidential consultation.