Mountain View Faces Wrongful Death Lawsuit After Fatal Accident: Understanding Your Rights
The news of a fatal accident in Mountain View followed by a wrongful death lawsuit can be devastating for all involved. According to the National Safety Council, in the first six months of 2023, there were an estimated 20,230 traffic fatalities. When negligence leads to such a tragedy, the legal system provides avenues for the bereaved family to seek justice and compensation. This blog post aims to explain the key aspects of a wrongful death lawsuit in California, offering guidance and clarity during a difficult time.
What is a Wrongful Death Lawsuit?
In California, a wrongful death lawsuit is a civil action brought by the family of a deceased person against the party whose negligence or misconduct caused their death. Unlike criminal charges, which focus on punishing the offender, a wrongful death lawsuit seeks to compensate the surviving family members for their losses. California Code of Civil Procedure 377.60 permits the family of a deceased victim to sue the at-fault parties for wrongful death.
Common Causes of Wrongful Death Claims
Several circumstances can lead to a wrongful death lawsuit, including:
- Car Accidents: Negligence, drunk driving, or distracted driving can cause fatal collisions.
- Truck Accidents: Due to their size and weight, truck accidents often result in severe injuries or fatalities.
- Motorcycle Accidents: Motorcyclists are particularly vulnerable in accidents, leading to a higher risk of fatal injuries.
- Defective Products: Faulty or dangerous products can cause accidents and fatalities.
- Workplace Accidents: Unsafe working conditions or negligence can lead to fatal injuries on the job.
- Medical Malpractice: Negligence by healthcare professionals can have deadly consequences.
Who Can File a Wrongful Death Lawsuit in California?
California law specifies who can file a wrongful death claim. Generally, the following individuals have the right to sue:
- Surviving Spouse or Domestic Partner: The legal spouse or registered domestic partner of the deceased.
- Children: Biological and adopted children of the deceased.
- Grandchildren: If the deceased’s children are no longer living, grandchildren may file a claim.
- Parents: If there is no surviving spouse, partner, or children, the parents of the deceased can file a lawsuit.
- Personal Representative: The personal representative named in the will or appointed by the court manages the legal proceedings on behalf of the eligible heirs.
What Damages Can Be Recovered?
In a successful wrongful death lawsuit, the plaintiff can recover various types of damages, including:
- Economic Damages:
- Lost Future Income: Compensation for the income the deceased would have earned had they lived.
- Funeral and Burial Expenses: Costs associated with the funeral and burial.
- Loss of Benefits: Loss of benefits such as medical insurance or retirement funds.
- Non-Economic Damages:
- Loss of Companionship: Compensation for the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
- Loss of Consortium: Loss of spousal relations.
- Pain and Suffering: In some cases, damages for the pain, suffering, or disfigurement experienced by the deceased before death may be recoverable.
Statute of Limitations
It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. In California, the statute of limitations for wrongful death claims is generally two years from the date of death (Cal. Civ. Proc. Code § 335.1 (2025)). However, there are exceptions to this rule, such as in cases of medical malpractice, where the deadline may be shorter or may be based on the date of discovery of the injury.
How a Wrongful Death Attorney Can Help
Navigating a wrongful death lawsuit can be complex and emotionally draining. An experienced Mountain View wrongful death attorney can provide invaluable assistance by:
- Investigating the Accident: Gathering evidence to determine the cause of the accident and identify liable parties.
- Determining Liability: Establishing who was at fault for the death.
- Calculating Damages: Assessing the full extent of the economic and non-economic losses.
- Negotiating with Insurance Companies: Dealing with insurance companies to reach a fair settlement.
- Filing a Lawsuit: Representing the family in court if a settlement cannot be reached.
- Providing Compassionate Support: Offering guidance and support throughout the legal process.
Recent Fatal Accidents in Mountain View
Recent reports indicate fatal accidents have occurred in Mountain View. For example, in August 2025, an 83-year-old woman died after being struck by a vehicle in a parking lot. In December 2024, a fatal crash on Highway 101 resulted in at least one death. These incidents highlight the importance of understanding your rights and seeking legal counsel if you have lost a loved one in an accident.
The Difference Between Wrongful Death and Survival Actions
It’s important to distinguish between a wrongful death lawsuit and a survival action. A wrongful death lawsuit compensates the deceased person’s surviving family members for their losses. In contrast, a survival action allows the deceased’s estate to sue for claims the deceased had at the time of death, including claims for the injury that caused the death, provided the deceased survived the injuries for at least some period of time.
Seeking Justice and Closure
Losing a loved one in a fatal accident is an incredibly painful experience. While no amount of money can replace a lost life, a wrongful death lawsuit can provide financial security and a sense of justice for the surviving family members. By holding the responsible parties accountable, families can begin to heal and move forward.
If you have lost a loved one in a fatal accident in Mountain View, it is essential to seek legal advice from a qualified wrongful death attorney. They can help you understand your rights, navigate the legal process, and pursue the compensation you deserve.