California Personal Injury Lawyers Blog
New California Wrongful Death Law May Help Heirs of Car and Truck Accident Victims Killed in Accidents
Jose Mora died as a result of a wrongful death collision between a white cargo truck and a sedan car that was changing its tire on January 25, 2022. Apparently the driver of the car was changing its tire, somewhere on the westbound side of the Simi Valley Freeway (118 Freeway) near its intersection with the San Diego Freeway (405 Freeway).
In addition to the tragic death of Mr. Mora, two other men were transported to a nearby hospital in serious condition. There is no new word on their conditions.
Also, it was reported that one man who was inside the truck was trapped because of the collision and needed assistance to be extracted from the truck.
As would be expected, as a result of this awful collision on the 118 Freeway, several lanes of the 118 Freeway were closed so that emergency assistance, rescue and police investigation of this wrongful death accident (and the other serious injuries as well) could be investigated.
Liability and fault for this collision were not yet reported and may still be under investigation.
If you are ever involved in a serious freeway or highway collision with or without injuries, you should do the following:
- Get to a safe place, which may be remaining in your vehicle or moving to the side of the highway, depending on the circumstance.
- Call 911 for emergency assistance as needed: paramedics, fire department and or police.
- Take photos of the scene, all vehicles involved, all damage caused by the incident, vehicle license plates, insurance coverage cards, all photo identification cards including drivers’ licenses, and visible injuries.
- Obtain the contact information for all witnesses
- Tell the emergency responders all injuries you feel, even if minor.
- If possible call us for a FREE consultation before you give any statements: 1 866 INJURY 2 or 818.222.3400. We suggest you save our contact information in your contacts section on your mobile phone under whatever titles may help you find it when needed, including Accident Injury Lawyer or Accident Injury Attorney.
WRONGDFUL DEATH DAMAGES EXPANDED TO INCLUDE PAIN AND SUFFERNG EFFECTIVE JANUARY 1, 2022
Before January 1, 2022, if an injured victim suffered before dying from a car or truck accident, whether for one minute or one year, the heirs of the victim who died could recover economic damages (such as hospital and medical bills, loss of earnings including future loss of earnings), but could NOT recover anything for the victim’s pain, suffering and disfigurement. This seemed unfair, wrongfully rewarding the responsible parties when the victim died before settlement or trial.
California finally joins other states in allowing heirs to recover for the decedent’s victim’s pain, suffering and disfigurement. This is a significant new right and remedy for families of those killed in accidents.
California Code of Civil Procedure Section 377.34 was amended as follows:
“(b) in an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable may include damages for pain, suffering, or disfigurement if the action or proceeding was granted a preference pursuant to Section 36 before January 1, 2022, or was filed on or after January 1, 2022, and before January 1, 2026.”
If you or a friend has a close relative who was killed in any accident, or just need some help understanding this new wrongful death code section, please call us for now an absolutely FREE consultation. You may contact us by clicking here or by calling us at 1 866 INJURY 2 or 818.222.3400 (after hours, please press “1”). We have offices in the San Fernando Valley / Calabasas and Beverly Hills / Los Angeles.