According to a survey published by Bankrate, approximately 57 percent of Americans do not have enough money to withstand a $500 unexpected expense. The survey revealed that only four out of 10 Americans said they had enough money in their savings to sufficiently cover an unanticipated $500 cost. Another 21 percent said they would rely on a credit card, while another 20 percent said they would try to reduce their expenses. Imagine waking up one day and discovering that your spouse or parent died in an automobile accident. In the flash of a moment, you are confronted with covering all of the family expenses without the financial support of your loved one.

This means the ramifications of a deadly accident can reverberate far beyond the person who lost their life. An unexpected death can leave families destitute and in financial turmoil.

Fatal accidents are common in and around West Sacramento if that is not bad enough. Take, for example, the tragic accident involving a motorcyclist who collided with an SUV. This deadly collision occurred on Highway 50, just east of Harbor Boulevard. The operator of the Yamaha motorcycle was ejected after hitting the SUV. As a result, the motorcyclist lost his life. This means the motorcyclist’s family may struggle with the financial strain that often comes with this loss.

When a family loses a loved one in a preventable accident, they have the legal right to pursue monetary compensation from the negligent driver’s insurance company through a civil wrongful death claim.

Suppose your loved one lost their life due to negligent actions or inactions of a city or local government employee. You only have a finite period to file this claim. According to the California Code of Civil Procedure § 335.1, there is a two-year limitation from the accident date to file a wrongful death lawsuit against the defendant. In that case, the limitation period is confined to six months after the fatal incident under California Government Code § 911.2.

You may be thinking, “If my family member died due to the wrongdoing of another person, wouldn’t it be the responsibility of the State Attorney General’s Office to take legal action?” Yes, it is true that, in some deadly auto accidents, criminal charges may be brought against the negligent driver, especially if there is evidence that the driver was heavily intoxicated, texting and driving, or traveling at a high rate of speed. But it is essential to understand that even if the state brings a criminal case, the victim’s family retains the right to pursue a civil claim in a West Sacramento civil court.

Along with understanding the distinction between a civil and criminal case, it is essential to know that a wrongful death case can only be brought by specific family members in a West Sacramento court. Under California law, the surviving family members empowered to pursue a wrongful death claim include a surviving spouse, surviving child, surviving sibling, surviving parent, or other members of the decedent’s family. In addition, only one claim can typically be filed in court. That means if a spouse and a sibling of the decedent file two separate lawsuits, a court will likely consolidate those cases into one case to promote judicial efficiency.  

For more information on a wrongful death claim, watch the following video: