PLG Resolves Wrongful Death Lawsuit for Parents of Daughter Killed in Car Accident
PLG Resolves Wrongful Death Lawsuit for Parents of Daughter Killed in Car Accident
The Piccuta Law Group has settled a case for the family of a woman who was killed in a car accident. The parents retained the firm to recover damages after their daughter died in a crash in Southern California. The firm filed a lawsuit and recovered the maximum amount available.
Details About the Deadly Car Accident
On New Years Eve 2021, the daughter was with her boyfriend and boyfriend’s cousin in Southern California. The three of them went to an event where the boyfriend’s cousin drank alcohol. The boyfriend’s cousin was tasked with driving the group.
As they were driving back from the event, they were travelling on Interstate 10 in Los Angeles County. They were in a 2020 Kia Optima. The boyfriend’s cousin crashed the Optima into another vehicle on the freeway.
This caused him to lose control of the Optima causing it to crash into a concrete divider on the freeway. Ultimately, the Optima came to rest in one of the freeway lanes. The daughter, her boyfriend and driver all survived the initial crash.
However, after the Optima was stopped in the roadway other vehicles continued to approach it. A family travelling in a 2022 Toyota Highlander encountered the Optima. The Highlander was travelling at approximately 65 miles per hour. The Highlander was not expecting the stopped vehicle in the roadway. As a result, the driver of the Highlander was unable to stop it in time to avoid a second crash with the Optima.
The Highlander slammed into the Kia Optima at a high rate of speed. The daughter, her boyfriend and the driver were all still in the vehicle. The second impact caused the daughter to become partially ejected from the vehicle. The daughter succumbed to her injuries and passed away. Her boyfriend was also critically injured and suffered a brain injury.
The Crash Photos
Both crashes caused significant damage to the vehicles involved. The impacts penetrated the cabin of the Optima. The below photos show how badly damaged the vehicles were.
Details Regarding the Daughter
At the time of the crash, the daughter was visiting from Indiana. She was twenty-six years old. She was unmarried with no children. As such, under California law, her parents were the only individuals who were entitled to pursue damages for her untimely death.
The Parents Sought to Recover the Loss of their Daughter’s Care, Companionship and Support
Under California law, the parents were entitled to pursue damages for the loss of love, care and companionship of their daughter. Specifically, they were allowed to pursue the following:
- Loss of love
- Loss of companionship
- Loss of comfort
- Loss of care
- Loss of assistance
- Loss of protection
- Loss of affection
- Loss of society
- Loss of moral support
These damages are non-economic damages. There is no fixed standard that exists for deciding the amount of these types of damages. A jury is instructed to use their judgment to determine a reasonable amount based upon the evidence presented in the case and common sense.
What Factors Can Increase Non-Economic Damages in a Wrongful Death Case
A jury has great discretion in awarding non-economic damages. Often times, the amount a jury awards for non-economic damages can be much more than economic damages. In a wrongful death case, the bond between the deceased and the person making the claim will dictate how much money is awarded.
Naturally, the tighter and more intertwined the relationship was between the person making the claim and the person who passed away—the greater the resulting damages awarded. Obviously, someone who had a very strong and deep relationship with the person who passed away will suffer a greater loss than someone else who did not. That person will be entitled to more damages.
Someone who had a very strong and deep relationship with the person who passed away will suffer a greater loss than someone else who did not.
For example, a parent who has disowned his or her child will not be entitled to significant damages. This makes sense. If a parent did not speak with his or her deceased child or did not regularly visit with them prior to his or her passing, the parent is unable to argue a bond with that child that would justify a significant damages award.
The opposite is also true. If a parent had a very close relationship with his or her deceased child, he or she would be able to claim significant damages for the loss. This is true even if the child was an adult at the time of passing. For example, if the parent and child would see each other regularly and talk daily, that would establish a close bond. Naturally, a parent would miss that relationship.
Parents who live with their adult children or whose children are their caretakers are also entitled to greater damages. In that situation, the loss of care, protection and assistance is great. The parents may be losing the person who has taken the primary role of caring for them. They may be losing the person who cooks for them, arranges for their medical care, handles their finances and transports them to medical appointments.
Children Can Also Pursue Damages for the Loss of a Parent
The above discusses the damages a parent may seek for the loss of a child. In the case that Piccuta Law Group handled, that is exactly what occurred. However, often times, it is a child who is pursuing damages for the loss of a parent.
A child is entitled to pursue damages for his or her loss of a parent caused by the negligence of a third party. In addition to the non-economic damages discussed above for loss of love, care and companionship, they may also seek economic damages. Specifically, they may pursue the loss of financial support that the parent would have provided them over the course of their lives.
A child is entitled to pursue damages for his or her loss of a parent caused by the negligence of a third party.
When a child is an adult, who no longer lives at home or receives financial support from his or her parent, the claim for economic damages may not be significant. However, when the child is a minor or very young at the time of the parent’s passing, the claim for economic damages can be significant. In that situation, the child is losing significant financial support. This includes the financial support provided for housing, food, clothing, shelter, schooling, accommodations, and other requirements of everyday life as one grows up.
The Result in the Wrongful Death Case
Piccuta Law Group was able to obtain the maximum payouts available from all available insurance policies on behalf of the firm’s client. The firm evaluated other theories of recovery as well. This included claims for auto-defect and dangerous conditions of public property. However, ultimately, those theories were not available under the facts of the crash.
In most wrongful death cases, the ultimate amount recovered is never enough. The money recovered cannot bring back the lost loved one. Nevertheless, it does provide the family with closure and with compensation that can be used for several things. For example, past clients have started scholarships and foundations in memory of those they lost through the funds recovered by their wrongful death claim.
The family appreciated that our firm thoroughly evaluated all potential claims. The family left a five-star review on google thanking the firm for our work on their case. The Piccuta Law Group is currently handing several wrongful death cases for other families and children who lost a loved one too soon.
Contact Our Wrongful Death Lawyers Today
Contact the Piccuta Law Group today if you or a loved one has suffered the loss of another due to someone else’s wrongful conduct or negligent acts. Our firm has experience handling wrongful death cases for both children and adults. We have brought cases for parents who have lost adult children as well as children that were minors. We have also advanced cases for children who have lost their parents. One of our wrongful death attorneys is available now to discuss your case. A consultation is free and we only earn a fee if we recover for you.
About the author: The content on this page was written by California personal injury attorney and civil rights lawyer Charles “Tony” Piccuta. Piccuta graduated with honors from Indiana University-Maurer School of Law in Bloomington, Indiana (Previously ranked Top 35 US News & World Report). Piccuta took and passed the State bars of Arizona, California, Illinois and Nevada (all on the first try). He actively practices throughout California and Arizona. He is a winning trial attorney that regularly handles serious personal injury cases and civil rights lawsuits. He has obtained six and seven figure verdicts in both state and federal court. He has been recognized by Super Lawyers for six years straight. He is AV Rated by Martindale Hubble. He is a member of the Consumer Attorneys of California, American Association for Justice, National Police Accountability Project, Arizona Association of Justice, and many local county and City bar associations.
Disclaimer: The information on this web site is attorney advertising and is for informational purposes only. It does not constitute legal advice. Reading and relying upon the content on this page does not create an attorney-client relationship. If you are seeking legal advice, you should contact our law firm for a free consultation and to discuss your specific case and issues.
