Legal Question in Personal Injury in California
Car accident
My mother was hit by a car in Dec 2004 and died on her sleep in July 2005. My mother was very active before the accident. At age 78 she is still working full time 40 hours a week and go to church after work. But after the accident her health started going bad and die after 7 months. Can we sue the lady that hit her?
3 Answers from Attorneys
Re: Car accident
One or more of her surviving family members can probably sue for what is called "wrongful death." Her estate may have a claim as well. We handle personal injury law and would be interested in your case. Please contact me if you wish to discuss this matter.
Re: Car accident
You have a couple of problems. First, you would have to prove that the accident caused her death 7 months later. Otherwise, the two year limitations period probably expired in December 2006, and your lawsuit would probably be barred. The other problem is, she is not available to testify about the facts of the accident. But it is certainly a case worth pursuing.
Re: Car accident
The biggest problem is that the statute of limitations is two years from the date of the accident. This would mean December, 2006. Since it is past then, you probably cannot file a lawsuit.
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