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Losing a loved one in a crash is one of the most devastating experiences a family can face. When a driver’s negligence leads to a fatal accident, California law allows surviving family members to seek justice through a wrongful death lawsuit.
At NordstrandBlack PC, we represent Santa Barbara families who have lost a parent, spouse, or child due to another driver’s careless behavior. Whether the crash involved distracted driving, speeding, DUI, or another violation, we help families pursue compensation.
When a Wrongful Death Is Caused by a Negligent Driver?
A wrongful death occurs when a person dies as a direct result of someone else’s negligence, recklessness, or intentional act. In the context of traffic accidents, this usually involves a negligent driver who failed to exercise reasonable care on the road.
Examples include:
- Speeding through intersections
- Texting or using a phone while driving
- Running red lights or failing to yield
- Driving under the influence of drugs or alcohol
- Fatigue, inattention, or unsafe lane changes
Who Can Sue for Wrongful Death in California?
Under California Code of Civil Procedure § 377.60, the right to file a wrongful death claim is limited to:
- The surviving spouse or domestic partner of the deceased
- Children (biological or adopted)
- Stepchildren or other dependents who were financially supported by the deceased
- If no spouse or children exist, parents or legal heirs may be eligible
In some cases, minors who lived with the deceased and were financially dependent may also qualify. This includes grandchildren or unrelated dependents if they can prove reliance on the deceased for at least 50% of their support.
What Compensation Is Available in a Wrongful Death Claim?
While no amount of compensation can replace a life, these damages help a family members manage the financial fallout and hold the responsible party accountable. Wrongful death damages fall into two main categories: economic and non-economic losses.
Economic Damages
- Medical expenses related to the final injury (e.g., emergency care, surgeries)
- Funeral and burial costs
- Loss of financial support the deceased would have provided
- Loss of household services (e.g., childcare, cleaning, caregiving)
- Loss of benefits or inheritance
Non-Economic Damages
- Loss of companionship and emotional support
- Loss of guidance and care (especially for surviving children)
- Loss of consortium (for spouses)
- Emotional pain and suffering for surviving family members
What Is the Time Limit to File a Wrongful Death Claim in Santa Barbara?
The time limit for a wrongful death claim in California is normally two years from the date of death. Failing to file within this window can permanently bar your claim, no matter how strong the case may be. However, certain exceptions to this time limit may apply if the defendant is a public entity (e.g., a city-operated bus or government vehicle). This could shorten the deadline to six months under the California Tort Claims Act.
Proving Driver Negligence in a Fatal Crash
To recover wrongful death damages, you must show that the driver’s actions were careless and they were also the direct cause of the fatal crash.
Key Evidence Can Include:
- Police accident reports and scene diagrams
- Witness statements and dashcam footage
- Cell phone records (to show distraction)
- Blood alcohol test results
- Crash reconstruction expert analysis
- Event data recorder (“black box”) from the vehicles
At NordstrandBlack PC, we handle every aspect of gathering and preserving distracted driving or negligence evidence, working with investigators and experts to build a solid case.
Dealing With Insurance Companies After a Fatal Crash
After a deadly accident, families are often contacted by the at-fault driver’s insurance company. Adjusters may appear sympathetic, but they are trained to limit settlement offers. This is where NordstrandBlack PC steps in to manage all communication, negotiations, and legal filings, allowing families to focus on grieving and recovery.
If you do not have an attorney, you could be subjected to unscrupulous insurance company tactics, such as:
- Offering a quick lowball settlement
- Requesting statements before you’re ready
- Asking for access to unrelated medical records
- Pressuring you to sign away future claims
Before considering any offer from an insurer, speak to a Santa Barbara wrongful death attorney. Compensation for wrongful death should reflect your family’s financial losses, emotional suffering, and the full consequences of the driver’s negligence, not the insurance company’s bottom line.
What If Criminal Charges Are Filed Against the Driver?
If the negligent driver is charged with DUI, reckless driving, or vehicular manslaughter, this criminal case is separate from your civil wrongful death lawsuit. You do not need a criminal conviction to pursue compensation. Civil liability is based on a lower burden of proof.
If the driver acted with gross negligence or intent (e.g., street racing or intoxicated driving), the court may award punitive damages to punish the conduct. These are awarded in rare but serious cases and are in addition to compensatory damages.
Why Choose NordstrandBlack PC?
NordstrandBlack PC has a Superb 10.0 Avvo rating, and Renee J. Nordstrand-Black was awarded an AV Preeminent Rating by Martindale-Hubbell, the highest possible rating in both legal ability and ethical standards based on a peer review rating process.
Our firm has spent decades representing families throughout Santa Barbara and Southern California in serious injury and wrongful death cases. We understand the emotional toll and legal complexity these cases involve.
Our approach includes:
- Independent crash investigation and evidence collection
- Calculation of full financial impact, including long-term losses
- Filing all necessary court documents
- Aggressive settlement negotiations
- We are always prepared to take your case to trial.
We have secured the highest compensation for families facing the unimaginable, because they deserve more than sympathy. They deserve justice and the resources to rebuild their lives.
Do Not Wait to Pursue Justice
When a life is cut short due to negligence, no legal outcome can undo the damage. But taking legal action can bring closure, financial relief, and accountability.
If your family is struggling with the aftermath of a fatal crash in Santa Barbara, seek legal guidance right away. The law gives you a limited time to file a claim, and important evidence may be lost in the weeks after the collision without active intervention form your attorney.
Speak With a Trusted Wrongful Death Attorney in Santa Barbara
Let the experienced wrongful death attorneys at NordstrandBlack PC help you understand your rights and take the next steps.
Call (805) 962-2022 to schedule a free consultation today.
We’re here to pursue justice when it matters most, and to hold negligent drivers accountable for the harm they have caused.