If the unimaginable has happened and your child has been taken from you in a senseless car accident caused by someone else's negligence, you are going through one of the worst experiences of your life. While experiencing overwhelming grief and loss, you now face the prospect of seeking the justice and compensation you deserve from the negligent driver and their insurance company.
During this profoundly difficult time, an experienced San Diego wrongful death lawyer like Mark C. Blane can provide compassionate guidance while vigorously protecting your family's rights. With a deep understanding of California law and extensive experience handling sensitive wrongful death cases, Mark and his team are dedicated to helping your family seek justice and find a path forward.
Understanding Wrongful Death Claims Involving Children
While no amount of compensation can ever replace your child, filing a child wrongful death lawsuit is a crucial way to hold the negligent party accountable and gain resources to support your family after your profound loss. Under California law, a wrongful death claim can be brought when a child's death is caused by another party's wrongful act or negligence.
Our wrongful death lawyer can determine how the at-fault motorist’s negligence caused your child’s tragic death. Some common causes of child wrongful death car accident lawsuits include:
- Speeding or reckless driving. If a driver exceeded the speed limit or recklessly operated a vehicle, and this behavior resulted in your child's death, they may be liable in a wrongful death claim.
- Distracted driving. Drivers who text, use cellphones, adjust vehicle controls, or engage in other activities that take their attention off the road don’t have their minds or eyes on the road. They may cause a fatal accident without even realizing it until it’s too late to prevent it.
- Driving under the influence. Intoxicated drivers have slower reaction times, reduced vision, and poor judgment. They can face civil liability and criminal charges if their actions caused your child’s tragic death.
- Disobeying traffic laws. Many catastrophic car collisions are caused when a driver fails to obey California traffic laws, like staying a safe distance from the vehicle in front, running a red light, or failing to yield the right of way.
- Dangerous road conditions. In some cases, hazardous road conditions such as large potholes, malfunctioning traffic lights, or inadequate signage can contribute to fatal accidents. Government entities responsible for road maintenance may bear some liability when this occurs.
Damages in Child Wrongful Death Lawsuits
While the law recognizes that a child's life is priceless, wrongful death claims seek compensation to assist the family with expenses and impacts related to the loss. Family members who can file a wrongful death action include parents, siblings, and other heirs under California’s intestate succession laws. Some compensable damages in these cases may include:
- Medical expenses related to the child's final care
- Funeral and burial costs
- Loss of the child's anticipated future financial contributions
- Loss of the child's love, companionship, and affection
- Emotional distress of surviving family members
Our knowledgeable San Diego wrongful death attorney can thoroughly assess your case to determine the full extent of your family's losses and pursue maximum compensation on your behalf.
Steps You Need to Take to Protect Your Rights After a Child's Wrongful Death
After a devastating car accident that claims your child's life, it can be difficult to consider legal matters while dealing with overwhelming grief. However, you do not want to make mistakes that hurt your case. One way to avoid errors and build a strong case to protect your family's rights is to take the proper steps soon after your child’s car accident. Here are some steps our legal team recommends you take:
- Seek legal counsel as soon as possible. Consult with our San Diego wrongful death attorney as soon as possible. We’ll guide you through the legal process and ensure your claim is filed before the deadline to sue expires.
- Gather evidence. Our lawyer will investigate the accident thoroughly, but you can support these efforts by preserving any evidence you may have. Helpful evidence to gather includes the police report, photos of the accident scene, witness contact information, or medical records.
- Avoid speaking with insurance companies. Insurance adjusters may attempt to pressure you into accepting a quick settlement that does not fully compensate you for your losses. Don’t agree to any settlement without first consulting with our attorney. Mark will handle all conversations with the insurance company to protect your rights.
- Be cautious about public statements. Refrain from making any statements about the accident to the media or on social media platforms, as these could potentially be used to undermine your case.
- Focus on healing. Prioritize your family's emotional well-being during this challenging time. Seek counseling and support services to help you cope with your profound loss.
How Our San Diego Wrongful Death Lawyer Can Help
At the Law Offices of Mark C. Blane, APC, we understand that no legal victory can erase the pain of losing a child. However, we are committed to providing compassionate representation to help your family find justice and a path forward. Here's how we can assist you:
- Provide emotional support. We recognize the emotional challenges you are facing and will treat your family with the utmost sensitivity, empathy, and respect throughout the legal process.
- Handle all legal aspects of your case. Our team will manage every detail of your wrongful death claim, from investigating the accident and gathering evidence to negotiating with insurance companies. Mark will hire expert witnesses and present your case in court if necessary.
- Fight for maximum compensation. We’ll work tirelessly to pursue the full and fair compensation your family deserves, including damages for medical expenses, funeral costs, loss of companionship, and emotional distress.
- Offer clear, consistent communication. Mark will keep you informed at every stage of your case, explaining legal concepts in straightforward terms and promptly addressing any questions or concerns you may have.
During this profoundly difficult time, you need a trusted legal advocate who will stand by your side, protect your rights, and help your family find the path to healing and recovery. Reach out to San Diego wrongful death lawyer Mark C. Blane for compassionate legal guidance and unwavering support.
