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When the at-fault party is standing in front of you, recovering damages after an automobile accident can be challenging enough. But what happens when the at-fault person flees the scene? This precise question was put to the test in a Los Angeles lawsuit. On Christmas Eve at nine o’clock in South Los Angeles, a 50-year-old woman was struck by a car that then raced off. The woman was rushed to the hospital, but she later passed away from her wounds.

Her passing on such a memorable night is undoubtedly being mourned by her family. They probably also wish they could hold the guilty individual accountable. Could they? Continue reading to learn more, and if you’ve been in a car accident yourself, call Law Offices of Michael A. Kahn at (310) 209-1600.

Recognize The Limitations Period

The family has a finite amount of time to file a wrongful death claim, if they want to do so. The statute of limitations in California for these kinds of cases is two continuous years following the accident date. The statute of limitations in this instance, however, might be impacted by the fact that the driver hasn’t been located.

The police currently only have a partial license plate and a description of the car. They can search for the driver, but what if they are unsuccessful in doing so after two years? Does this family’s statute of limitations have a deadline? No, not always. The legislation may be suspended in certain circumstances. Tolling can occur for a variety of causes, such as a victim not discovering the damage for more than two years or a minor who was injured.

If the responsible individual cannot be located or is otherwise available, tolling may also be used. The statute of limitations in this case may be postponed until the driver is located. Even if the authorities don’t find the motorist until after the initial two years have passed, the family can still pursue their case once that driver is found.

Possible Damages This Family May Be Owed

If the at-fault driver is identified and the family prevails in their wrongful death claim, they may get financial compensation to ease their financial burden. The price of the funeral and/or burial (including lodging and transport), the cost of the woman’s medical bills following the accident and up to her death, her family’s lost financial support, pain and suffering, emotional distress, and other costs may be included.

Call Law Offices of Michael A. Kahn at (310) 209-1600 if you think you have a wrongful death lawsuit or any kind of personal injury case. We will carefully analyze your case using our many years of knowledge to make sure you have the best chance for the best result.

Need Help? Call us anytime at (310) 209-1600