Losing someone you love is devastating. Learning that your loved one died in a preventable accident worsens the pain and sorrow. Your mind is flooded with thoughts of, “What if?” For example, what if the reckless driver who caused the collision had exercised caution and been a responsible driver. Maybe the tragedy could have been avoided.

Take, for example, a fatal accident on a California highway involving a distracted teenage driver. As she live-streamed on Instagram, the driver reportedly lost control of her vehicle because she took her hands off the wheel to dance in front of her phone. According to CBS News, the driver then overcorrected and veered onto the shoulder of a road about 75 miles northwest of Fresno. The vehicle then wound up flipping over and killing a 14-year-old passenger. Another teenage passenger suffered a severe leg injury as well.

The California Highway Patrol suspects the driver was intoxicated at the time of the collision and is facing criminal charges for gross vehicular manslaughter, according to the LA Times.

This terrible, tragic accident involving a careless driver who took the life of an innocent passenger is a prime example of wrongful death. According to California Code of Civil Procedure § 377.60, wrongful death is defined as the death of an individual proximately caused by someone else’s actions.

A wrongful death claim is rooted in civil law. This means the outcome is predicated on the pursuit of monetary damages. This differs from criminal charges filed by the state against a reckless driver, where the outcome is predicated on potential jail time and other forms of criminal punishment. It is essential to highlight this distinction because criminal charges are brought against the at-fault driver for their reckless actions in many wrongful death cases involving fatal car wrecks. These criminal charges do not preclude a family member from filing a civil wrongful death claim against the reckless driver’s automobile insurance policy.

A wrongful death claim enables a spouse, a child, or another designated representative of the victim’s estate to pursue economic and non-economic damages caused by the sudden loss of their loved one. Economic damages are itemizable harms you suffered from the loss. For example, if you depended on the victim for financial support, you can pursue economic damages for earnings that the victim would have made had it not been for the fatal accident.

If the victim was survived by a minor child, damages can be pursued for the loss of support that the child would have received until they reached the age of majority (i.e., 18). Other economic damages include the costs of the victim’s funeral and burial. If medical expenses were associated with treating the victim after the accident, but before their death, those are also recoverable.

Non-economic damages are those imperceptible harms and losses. They include the loss of companionship and mentorship provided by the loved one. In addition, the mental anguish and sorrow associated with the sudden loss. For more information, contact a Del Paso Heights Wrongful Death Lawyer.

Watch the following video to learn more about the different types of wrongful death claims.

If someone you care about has suffered a fatal injury due to another individual’s negligence, please contact our law firm for free, friendly, and compassionate advice. We can be reached at (916) 921-6400 or (800) 404-5400. When you contact our legal team, we can review the incident details and determine the best way to file a claim. We handle my cases on a contingency fee. You do not pay any fees upfront. We get paid at the successful conclusion of the case. See our past verdicts and settlements.

^{Editor’s Note: updated[cha 9.5.23] Photo by Ümit Yıldırım on Unsplash sb bw [cs 723]}