CALIFORNIA – November 15, 2020

Over 3,500 individuals lost their lives in California motor vehicle accidents in 2018.  Accident victims, or loves ones may have questions as to their rights to pursue compensation for damages after a motor vehicle accident.  When wrongful death occurs, a personal representative, or specific family members will have to file legal action on behalf of the individual that died.  When the accidents are caused by blatantly negligent acts, such as reckless driving, distracted driving, or driving under the influence, they may result in pending criminal action to be undertaken as well as civil  proceedings. California is a “fault” state with regard to accidents, meaning that a victim can bring a claim against the responsible party before filing a claim against their own no-fault insurance, and there is a two year time period to file a suit after an accident.

Accidental death insurance.

 The accidental death benefit, as part of a car insurance policy which may not be required,  pays for death expenses if, in a covered auto accident, bodily injury causes the death of a policy holder, or a covered family member died in a single vehicle crash.  An experienced accident attorney can help surviving loved ones by reviewing insurance policies, and communicating with carriers to process claims when necessary.  Since California is not a no fault state, but offers personal injury protection Med Pay coverages as an option, the policy’s death benefit may cover funeral expenses.  It is always best to speak with a car accident attorney who understands insurance laws.

Insurance.

 California car accident attorneys can answer questions about how the laws will affect the replacement of property and address personal injury when multiple vehicles are involved.  California is a “fault” state with regard to accidents, meaning that a victim can bring a claim against the responsible party before they file a claim against their own personal injury insurance, and there is a two year time period to file a suit after an accident.  Experienced car accident lawyers can build a case against negligent parties on behalf of injured parties

Damages.

Total awards can include:

  • Economic damages include present and future loss of earnings, medical bills, future medical care, household expenses and
  • Non-economic damages include pain and suffering, mental anguish and loss of consortium or companionship.
  • Punitive damages may be considered but reckless, intentional, and egregious acts must have caused the harm.

Seek legal counsel.

California auto accident lawyers can prove other individuals, or entities cased the injury and owed a duty of care to victims in many cases.  It is important to seek legal counsel shortly after an accident.  Contact the Law Offices of Jeffrey E. Estes & Associates, who can assist after a motor vehicle accident results in property damage, or personal injury loss of life.

 

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650

San Diego, CA 92101

Phone: 619-233-8021

Fax: 619-233-3730

Sources:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23152

https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/index.cfm

https://www.courts.ca.gov/9618.htm?rdeLocaleAttr=en

https://www.dmv.ca.gov/portal/vehicle-registration/insurance-requirements/