Car accidents have potentially life-altering consequences for those involved. If you have been injured in a car accident, the defendant could be liable for your injuries. Contact a Glendale car accident lawyer to evaluate your potential lawsuit to hold the defendant responsible.
A dedicated attorney knows who to sue and what claims to bring against the defendant. Call today for help with navigating your lawsuit and increase the possibility of a favorable outcome.
Negligence and Intentional Acts Resulting in a Car Accident
There are several claims an individual involved in a car accident may bring. Generally, victims may bring their lawsuits under negligence or intentional tort theories. However, if the car accident caused a death, a Glendale attorney could help the surviving family members bring a wrongful death claim.
Negligent and Intentional Acts
Negligence and intentional acts have different requirements the plaintiff must demonstrate. The damages a plaintiff may claim are similar in car accident cases under both legal theories. Under negligence and intentional acts, plaintiffs mainly seek damages for pain and suffering resulting from the accident.
The plaintiff may also make an economic claim for monetary damages resulting from the defendant’s negligence or intentional act. An economic claim includes lost wages, medical bills, and lost earning potential.
Car Accident’s Resulting in Wrongful Death
Under the California Code of Civil Procedure §377.60, a decedent’s family may sue the person who caused their death. Wrongful death solely holds the defendant responsible for damages arising out of the decedent’s death.
Economic damages relate to the monetary loss resulting from the decedent’s death. If the deceased worked, economic damages include the loss of the decedent’s wages. Additionally, the family can recover for funeral expenses and the loss of household services the decedent provided.
Typically an expert is utilized to calculate economic damages. They evaluate the deceased’s salary, age, and future working life when determining the amount of lost wages.
Non-economic damages hold the defendant liable for the emotional and physical void in the family’s life. These damages provide compensation for:
- Loss of love
- Loss of companionship
- Loss of assistance
- Loss of decedent’s training and guidance
Non-economic damages are more difficult for the family to recover. Individuals looking to recover for a death resulting from a car accident should speak with a Glendale attorney.
Who Can Sue for a Car Accident?
Generally, anybody injured by a car accident may sue for their injuries sustained. However, when a minor is injured, or the accident resulted in wrongful death, a third party may sue.
A guardian for the minor must initiate the lawsuit when the injured party is under 18 years of age. Guardians can include the minor’s parent or a legal guardian appointed by the court.
The damages recovered on behalf of a minor are placed into a trust. The court decides an appropriate age when the minor may have access to the money. Attorneys in Glendale who have handled car accidents will likely have experience setting up a trust for the minor.
In the case of wrongful death, state law limits who may sue for damages on behalf of the decedent. The law allows the spouse and children to bring a wrongful death claim. However, if the decedent has to immediate family, the persons who are entitled to the decedent’s estate may bring a lawsuit.
Find a Car Accident Attorney in Glendale
A Glendale car accident lawyer provides you with the best chance of recovering damages arising from a car accident. An experienced attorney will guide you to the right cause of action to bring against the defendant.
You have suffered a life-changing injury and deserve to hold the defendant liable. Our firm can get the damages you deserve, so schedule a consultation today.