What is a wrongful death claim?

When someone dies as a result of someone else’s negligence or intentional act, their family members may file a wrongful death lawsuit, which is a legal action that seeks compensation for the death of an individual caused by the negligence, recklessness, or intentional act of another. Each state has its own wrongful death statute that identifies who can bring a wrongful death action.

Car accidents are often fatal and are the second-leading cause of death due to unintentional injuries in the U.S. A wrongful death claim may arise from a crash if it happens due to the negligence of another driver, a defective car part, or dangerous road conditions. It is essential to establish that the responsible party’s actions, or lack thereof, directly caused the accident and subsequent death.

Filing a wrongful death lawsuit after a car accident

If you have lost a family member in a car accident and believe that another party was responsible, it helps to understand the steps involved in filing a wrongful death claim. Here’s a general overview of the process:

• Consult a wrongful death attorney. Before beginning the legal process, it’s important to consult an experienced wrongful death lawyer, who can evaluate your case, explain your rights, and guide you through the subsequent steps.
• Gather evidence. Building a strong case requires gathering evidence to support your claim. This includes collecting accident reports, obtaining witness statements, and obtaining medical records to demonstrate the cause and extent of the injuries that led to the wrongful death.
• Identify the liable party. In a car accident, the liable party may be the driver of another vehicle, a manufacturer of a defective car part, or a government entity responsible for maintaining safe roads. Your wrongful death attorney will determine who may be liable in your case.
• Calculate damages. Wrongful death claims seek compensation for economic and non-economic damages. Economic damages may include medical expenses, funeral costs, lost income, and loss of future financial support. Non-economic damages cover pain and suffering, loss of companionship, and emotional distress. Your attorney will help assess the appropriate value for these damages.
• Negotiate or litigate. Once all necessary evidence is gathered and damages are calculated, your attorney will negotiate with the responsible party’s insurance company or pursue litigation if a fair settlement cannot be reached. Having an experienced wrongful death lawyer on your side during negotiations or in the courtroom can significantly improve your chances of obtaining a favorable outcome.

Why consult an attorney for a wrongful death claim?

Losing a loved one in a car accident is an emotionally devastating experience. It’s natural to feel overwhelmed, confused, and unsure of how to start the process. Consulting a wrongful death attorney after a fatal car accident can provide several benefits:

• Experience. Attorneys who handle wrongful death claims have a clear understanding of the legal issues involved in these cases. They know how to gather evidence, identify the responsible party, and calculate damages to maximize the compensation you deserve.
• Legal advice and support. Dealing with the aftermath of a car accident and a wrongful death can be overwhelming. Attorneys provide compassionate support and guidance throughout the legal process, protecting your rights and identifying all your options.
• Negotiation skills. Insurance companies often try to minimize the amount of compensation they pay out. An experienced attorney will have strong negotiation skills honed from years of practice, helping you secure a fair settlement that adequately covers your losses.
• Litigation experience. Having a skilled attorney by your side is crucial if your case goes to trial. They will present your case effectively, advocate on your behalf, and seek your damages in the most compelling manner.

What can your family recover in a wrongful death claim?

A successful wrongful death claim can recover various damages for the surviving family members. These damages can include:

• Medical expenses: Any medical costs resulting from the accident and subsequent treatment for the deceased can be included in the claim.
• Funeral and burial expenses: The cost of funeral arrangements, burial plots, caskets, and other related expenses can also be part of your compensation.
• Lost financial support: If the deceased provided financial support for the family, the claim can seek compensation for the value of lost income and future financial contributions.
• Pain and suffering: Compensation may be available for the emotional distress and mental anguish experienced by the surviving family members.
• Loss of companionship: The surviving family members may recover damages for the loss of the deceased’s guidance, support, and companionship.
• Punitive damages: In certain cases where the at-fault party’s actions were particularly egregious, punitive damages may be available. These damages aim to punish the responsible party and deter similar behavior in the future.

Contact a Wrongful Death Attorney Today

If you have recently experienced the tragic loss of a loved one in a car accident, filing a wrongful death claim may be the first step toward obtaining justice and fair compensation. It’s important to seek the assistance of an experienced personal injury attorney who can guide you through the process and protect your family’s interests.

Although nothing can make up for the loss of life, holding the liable party accountable and recovering monetary damages can help with the healing process and any financial issues caused by the death. Seek your free consultation now.