Tag Archives: wrongful death attorney


Deaths in Car Accidents, Motorcycle Accidents, and Pedestrian Accidents

Motor vehicle fatalities are a sad reality of our world. With many negligent drivers on the road, and increasing car, bike, motorcycles, and pedestrian traffic, there are increasing risks for all modes of transportation.

The city of Los Angeles sees an average of roughly three hundred motor vehicle fatalities every year. This number may seem small compared to the large population in the city, but far too many individuals still lose their lives every year due to car accident fatalities. In Los Angeles County, the average number of fatalities from car accidents is roughly seven hundred and fifty individuals every year.

These numbers represent more than just traffic fatalities. They represent hundreds of families in Los Angeles that have to cope with the loss of a loved one due to a senseless accident that could have been prevented.

Driving a car or being a passenger in a car is not the only way to expose yourself to risk. The state of California’s Department of Transportation compiles yearly statistics on motor vehicle accidents with bicyclists, pedestrians, and motorcyclists. According to the DOT, in the year 2012 there were 2,857 traffic fatalities in the State of California. Of those incidents, 435 were motorcycle accidents, and 612 were pedestrian fatalities. Both motorcycle fatalities and pedestrian fatalities have a much higher proportion of deaths compared to the relative number of overall motor vehicle accident incidents.

While any accident can have the potential to be deadly, ones involving high speed, motorcycles, alcohol or drugs, or pedestrians or bicyclists have a higher probability of resulting in a fatality. In instances where the accident was caused by negligence by a driver, the family members of the deceased person have a right to bring a Los Angeles wrongful death lawsuit against the responsible driver. If you lost your loved one in a car accident, call National Choice Lawyers today.


What’s a wrongful death lawsuit? How does it work?

Everyone knows about personal injury lawsuits.  We all see the TV ads and the billboards.  But when an accident causes fatal injuries, you are no longer talking about an injury case.  Now, it has become a wrongful death action.  Wrongful death actions didn’t always exist in the legal system.  In the early development of the law, if someone were killed, there would be no injury to compensate them for since there would be no plaintiff in the action.  However, this was fundamentally unfair, and it didn’t bring to justice the negligent individuals or companies who caused the death.  Therefore, wrongful death actions were created so that the family of the deceased victim could bring an action in tort law.

When you bring a wrongful death action, someone will be selected as a representative to stand in the shoes of the injured victim.  The selection of the family member or representative can be a complicated legal issue.  Depending on what family members are available, it could be a spouse, child, parent, or an appointed representative of the estate.

In these cases, the damages will also be different than a normal personal injury action.  You will not be compensating the family for medical bills that were not accrued, or for years of pain and suffering that the deceased did not live to experience.  However, the family can be compensated for funeral costs, lost earnings that would have supported the family had the deceased person been alive, and, in some cases, for loss of consortium (A legal term describing the loss of support and affection of the deceased due to a wrongful death).

Wrongful death actions in Los Angeles have strict time guidelines.  In some personal injury cases, the victim may be unaware of their injury for a period of time, until the symptoms manifest themselves.  However, in wrongful death, the family is on notice at the time of death that there was an accident.  Therefore, the time for the statute of limitations usually runs from the date of death, and if you do not file your claim within the statutory period, you will lose your legal rights to bring a wrongful death action. Wrongful death limitations for deaths caused by medical malpractice may be shorter.

If you have any questions about Los Angeles wrongful death cases, call National Choice Lawyers today to schedule a consultation.