Car Accident Wrongful Death Lawyer
Car Accident Wrongful Death Lawyer - Auto accident attorneys at Trembach Law. Free consultation. Call (818) 514-7680.
California Car Accident Legal Representation
Experienced car accident attorneys handling all types of motor vehicle collisions in California. We handle rear-end collisions, head-on crashes, T-bone accidents, hit-and-run cases, drunk driving accidents, rideshare (Uber/Lyft) accidents, and uninsured motorist claims.
California auto insurance minimum: $30,000/$60,000/$15,000 (effective January 2025). We fight to recover full compensation beyond policy limits when possible.
Free consultation: (818) 514-7680.
Fees, Costs and Case Results
Where representation is offered on a contingency basis there is no attorney fee unless we recover, and the firm advances case costs — filing fees, expert witnesses and medical records — which are then repaid out of any recovery. If there is no recovery, you owe no attorney fee. The specific terms that apply to a matter are set out in the written fee agreement for that matter.
Where this site refers to a verdict, settlement or court order, that result was dependent on the facts of that case, and results will differ if based on different facts. Past results do not predict or guarantee the outcome of any other matter, and no particular outcome is promised or guaranteed.
Frequently Asked Questions
- Who can file a wrongful death lawsuit after a fatal car accident in California?
- Under CCP 377.60, the surviving spouse or domestic partner, children, and grandchildren (if the children are deceased) may file. If none exist, anyone entitled to the property under intestate succession may file. A personal representative of the estate can also bring a wrongful death action on behalf of the heirs.
- How long do I have to file a wrongful death claim after a fatal car crash?
- California has a two-year statute of limitations for wrongful death claims under CCP 335.1. The clock typically starts on the date of death. If a government entity is involved (e.g., Caltrans road defect), you must file an administrative claim within six months.
- What damages can be recovered in a California car accident wrongful death case?
- Recoverable damages include loss of financial support and future earnings, loss of love, companionship, and moral support, loss of household services, funeral and burial expenses, and the reasonable value of care and guidance the deceased would have provided. Punitive damages may be available in DUI-related crashes.
- How does comparative negligence affect a California wrongful death car accident claim?
- California follows pure comparative negligence (Li v. Yellow Cab). Even if your loved one was partially at fault, you can still recover damages reduced by their percentage of fault. For example, if they were 20% at fault and damages are $2 million, recovery would be $1.6 million.
- Can I file a wrongful death claim if the at-fault driver was uninsured?
- Yes. You may recover through your own uninsured/underinsured motorist (UM/UIM) policy. Additionally, other liable parties such as vehicle manufacturers, employers, bars that over-served the driver, or government entities responsible for road conditions may provide compensation.
- What is the average settlement for a fatal car accident wrongful death case in California?
- What a claim is actually worth turns on the documented medical course and prognosis, proven lost earnings, the share of fault attributed to the claimant, and the insurance limits available to pay a judgment. DUI-related fatalities often yield higher settlements due to punitive damages.
- Can I sue a drunk driver for wrongful death in both criminal and civil court?
- Yes. Criminal prosecution (DUI manslaughter, vehicular homicide) and civil wrongful death claims are separate proceedings. A criminal conviction can strengthen the civil case, and punitive damages are commonly awarded in DUI wrongful death claims due to the driver's conscious disregard for safety.
- What evidence is critical in a fatal car accident wrongful death case?
- Key evidence includes the police accident report, toxicology results, witness statements, traffic camera and dashcam footage, electronic data recorder (black box) data, cell phone records (distracted driving), accident reconstruction analysis, and medical records documenting cause of death.
Contact Trembach Law Firm
Trembach Law Firm, APC
27001 Agoura Road, Suite 350, Calabasas, CA 91301
Phone: (818) 514-7680
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