Oakland Fatal/Deadly Car Accident
Car accidents are always traumatic. When they take a loved one away from their family members though, it can take a lifetime to move on from an Oakland fatal/deadly car accident. To family members, it often seems like there is nothing they can do after a fatal crash, but that is not true. An Oakland fatal/deadly car accident lawyer can help family members pursue compensation that can help ease the financial loss left behind when a loved one passes away as a result of a car accident.Wrongful Death After a Fatal Car Accident
California law provides a solution to those left behind after a deadly car crash. In legal terms, this is known as a wrongful death. The legal statute in the state recognizes wrongful death as any death that occurred due to another person’s negligence, carelessness, or wrongdoing.
Family members cannot simply claim a wrongful death has occurred as a result of a car accident. There are certain elements of the case they will have to prove. This is often difficult, particularly for those still grieving. An attorney can review these elements with family members and help them prove them in court.Elements of Wrongful Death
After an Oakland fatal/deadly car accident, there are three elements surviving family members will need to prove. The first is that someone died. This element is not difficult to prove in court, however the remaining two elements often are.
The second element family members are tasked with proving in court is that the death was caused by another person’s negligence, or with intent to cause harm. This is likely the most difficult element to prove in a lawsuit. Police reports, photographs of the scene, and eyewitness testimony can all help prove this element of a wrongful death case.
However, these items are often difficult for those mourning the loss of a loved one to prove. The last thing they want to do is track down witnesses to obtain a statement. This is an area in which speaking to an Oakland attorney is often most helpful.
Lastly, family members must also prove that they have suffered a loss as a result of the Oakland fatal/deadly car crash. Family members may see this as an easy point to prove as they struggle to move on from the death. In a legal sense though, these losses mean more than simply being sad over the death.
Losses include affection, emotional support, financial support, contributions to the household, and more. Some of these, such as emotional support, are often difficult to assign a dollar value. This is another area in which a wrongful death attorney in Oakland can help.Timeline of Lawsuits After an Oakland Fatal/Deadly Car Accident
Wrongful death lawsuits can help family members move on, at least financially, from a death. However, they do take time. If the negligence on the other party is not immediately obvious, it will require an investigation to determine the cause of the crash. In some cases, accidents are reconstructed to determine who was at fault, and this is typically a lengthy process.
Expert witnesses are often needed to testify in a trial and it can take time to have these witnesses brought in. Overall, a jury trial could take one or two years depending on the circumstances of the case. While trials are often lengthy, they are worthwhile as it can help ease the financial burden for the family and help them move on after the accident.Contact the Experienced Oakland Wrongful Death Lawyers
Anyone that has lost a loved one in a car accident should speak to an Oakland fatal/deadly car accident attorney that can help. Filing a lawsuit can provide for expenses related to the death such as funeral and burial expenses, medical bills incurred before the death, loss of consortium, and more.
If you have lost someone in a fatal car accident and feel as though someone else is to blame, contact Willoughby Brod, LLP at (800) 427-7020 today. We will hold liable parties responsible and fight to get you and your family any compensation to which you are entitled.