A 23-year-old father was recently killed in a tragic Pasadena car accident. The man, who was riding in a vehicle with his wife and young daughter, was struck in the chest when a 30-35 pound boulder came crashing through his windshield. According to reports, the large volleyball-sized rock was dropped onto the 134 Freeway as the victim’s car passed under the Orange Grove Boulevard overpass. The victim’s wife drove him to the nearest hospital, but he died from his injuries shortly after arrival. The young man leaves behind a 21-year-old wife and a 4-year-old daughter, both of whom were unharmed in the freak accident. His family is likely considering filing a wrongful death lawsuit against whoever is responsible for his death.
When car accidents are fatal, family members can be left with little more than the memories they once shared with their loved one. These individuals may be forced to not only deal with the emotional trauma of an unexpected death, but also the financial repercussions that it may have. This is especially true when the victim of a car accident was primarily responsible for taking care of his or her family. In California, victims of accident victims have the right to pursue financial compensation through a wrongful death lawsuit. These lawsuits are filed against the person who is responsible for causing the fatal accident.
A successful wrongful death lawsuit must prove:
Not just anyone can file a wrongful death lawsuit in California. California law restricts the right to file a wrongful death lawsuit to immediate family members and those who have a proven dependency on the victim.
Spouses, domestic partners, and children have the first right to pursue a wrongful death lawsuit. If none of these parties survive the victim, others who may be allowed to file a wrongful death claim include:
In California, family members who wish to file a wrongful death lawsuit must act quickly. The state imposes a statute of limitations that only provides a short period of time in which a claim can be filed. If you do not file a wrongful death action within two years of your loved one’s death you will likely be prevented from getting the compensation you deserve.
What happens if the person who caused a fatal accident cannot be found before the statute of limitations expires? Police are still searching for the man responsible for the Pasadena man’s death, and there are no signs that they have any leads. Will the man’s family simply be out of luck if the defendant can evade arrest for at least two years? No. The statute of limitations can be tolled (or extended) when certain extenuating circumstances exist. If the defendant in a case cannot be located or happens to be incarcerated, family members can file a claim after the statute of limitations would have initially expired. Once the tolling factor is no longer an issue (the man is located or released from prison), the statute of limitations will begin to run again. The family must then take the proper steps to file a legal claim.
What kind of compensation can the Pasadena man’s family recover from a wrongful death lawsuit? California law explicitly allows family members to recover damages for:
Have you lost a loved one in a tragic Pasadena accident? If another person’s negligent or wrongful conduct caused their fatal accident, you may be entitled to recover monetary compensation. Call the Pasadena personal injury attorneys at Andrew W. Glotzer, APC to learn about the benefits of filing a wrongful death claim. We offer a free consultation, so do not hesitate to call us today. We will review your case, explain your legal rights, and answer the questions you have.
“Mr. Glotzer represented me after I was involved in a car accident. I was badly injured,but the insurance company refused to offer me a reasonable settlement. I decided to find an attorney and decided to hire Josh.
His law firm did a great job on my case. They were very responsive to all my questions and obtained a great resolution for me. I received way more money than was originally offered. I would recommend their firm to friends and family.”
“Mr. Josh Glotzer is a great attorney. Over the last 15 years he has helped me on a number of cases with professionalism, and more importantly a positive outcome in my favor. I have referred him to a number of friends and colleagues, all of which have been equally as happy with his legal representation. I trust him and confident in legal ability. I highly recommend his law firm.”
“Don’t try to deal with insurance companies on your own. They strung me along for almost two years before I gave the case to Glotzer & Leib. Josh and his team quickly obtained a settlement that netted me many times what the insurance company was offering. Thank You!”
“My wife was in a car accident last year and Josh did an amazing job representing her. It’s very refreshing to see someone in his profession that actually cares and puts his clients first. He’s the best in the business and I feel so fortunate that I was referred to him. Keep up the great work and thanks for everything you did for my family!”
“I was in a rear end car accident last year and hired Mr. Glotzer’s office. It wasn’t a big case but their office helped me with my property damage claim and did a good job resolving the injury portion of the case as well.”
Helpful information, news about the firm and latest updates
December 14th, 2023
Being involved in a car crash can be a jarring and disorienting experience. It's not just the immediate physical impact; the aftermath of a car accident can bring a slew...
August 27th, 2023
Uber, the popular ride-sharing service, has revolutionized the way people travel. While it offers convenience and accessibility, it also presents certain risks, includin...
August 26th, 2023
Personal injury claims arise when individuals suffer harm due to the negligence or wrongful actions of others. In these legal cases, plaintiffs seek compensation for the...
