A California appeals court recently affirmed $45 million in personal injury claims awarded to the family of a woman killed by a drunk driver.

The three judge panel of the California Court of Appeals affirmed the multi million dollar verdict in a unanimous decision. As a result, the $45 million verdict and an additional $7.1 million in interest will be awarded to the family of Claudia F.

In 2012, Claudia and another woman (whose estate was not involved in the lawsuit) were standing next to a taco truck when motorist Elba Janeth Jimenez reportedly crashed into the taco truck. Elba was reportedly drunk and was being chased by police at the time. Allegedly due to the crash, Claudia and the other women died.

Claudia’s four children filed a lawsuit against Jimenez after the accident, seeking compensation for their mother’s death. The lawsuit also brought personal injury claims against Maria Elena Rodriguez, Jimenez’s long time girlfriend who allegedly showed negligence when allowing her to driver her car while intoxicated.

In 2016, the four orphans secured a win when the Los Angeles County Superior Court awarded each child $11.25 million in non-economic damages. Unlike economic damages which include bills and income factors, non-economic damages include harm such as trauma, physical pain, suffering, emotional distress, and more.

The court also awarded the children $7.1 million in prejudgment interest.

Jiminez and Rodriguez appealed the award shortly after, saying that the amount “shocks the conscience” when comparing the payout to other cases. The appeals panel rejected this argument, finding referencing other cases is not an apt comparison due to the varying circumstances surrounding Claudia’s death.

“None of the cases or the ones the parties cite involve the murder of a loved and loving single mother, whose death has made orphans of four children, three of whom were then minors,” the panel determined.

“The youngest, Ryan, was just 10 years old when his mother died. If he has a normal life expectancy, he will have suffered her absence for perhaps 30 years or more, as Claudia was just 38 years old when she was killed.”

The panel also found that the children had successfully shown that their mother’s death has had a significant impact on their academic and social lives. The eldest daughter allegedly took the death particularly hard after choosing to become a parental figure to her younger, orphaned siblings.

“The undisputed evidence is that each child was individually close to Claudia and that they were a tight-knit family unit,” the panel determined. “We cannot conclude that, on these facts, the verdict shocks the conscience.”

Personal Injury Claims

Claudia’s children brought their personal injury claims in a car accident lawsuit. These claims comprise most of the personal injury lawsuits filed and, like all personal injury litigation, seek compensation based on alleged negligence which may have caused an injury. Personal injury lawsuits can also help resolve claims regarding slip and fall accidents, medical malpractice, and more.

The Car Accident Lawsuit is Case No. B281518 in the California Court of Appeal, Second Appellate District.