Filing a Wrongful Death Claim After a Car Accident

Filing a Wrongful Death Claim After a Car Accident

The death of a loved one is never easy, and when that loss results from a tragic car accident caused by another party’s negligence, the grief can be overwhelming. In such cases, the surviving family members may seek compensation through a wrongful death claim.

The wrongful death claims process can be challenging. A skilled wrongful death attorney can guide you through the situation, fight diligently to protect your rights, and obtain favorable compensation for your immense loss.

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What is a Wrongful Death?

A wrongful death is a death caused by negligent or intentional actions or omissions of another. Usually, these deaths are considered “wrongful” because they would not have happened without the responsible party’s misconduct. These deaths are unexpected and bring with them much pain and financial burden.

Many unexpected injuries can be fatal, including:

• Severe traumatic brain injuries
• Internal organ damage
• Spinal cord injuries
• Crush injuries

Some people die immediately at the scene of an accident, while others fight for their lives in the hospital for days or weeks before succumbing to their injuries. In either case, the situation can be considered wrongful death if another party was responsible.

Types of Car Accidents that Can Result in a Wrongful Death

Car accidents can be particularly dangerous and result in catastrophic, life-altering injuries. In the worst cases, an auto collision can result in a victim’s death.

Auto collisions happen for many reasons but are often due to the dangerous driving behaviors of other drivers. Common causes of car accidents include:

• Speeding
• Aggressive driving
• Distracted driving
• Driving while under the influence
• Unsafe turns and lane changes
• Reckless driving

Along with negligent driving behaviors, other causes of deadly auto crashes include hazardous road conditions and defective or malfunctioning products.

Injuries from car accidents can be especially serious. Depending on the severity of the victim’s injuries, they may pass away from their injuries at the scene of the crash or eventually succumb to their injuries.

Deaths from car accidents happen more frequently than they should. In a recent year, over 46,000 individuals lost their lives in car crashes. If your loved one died in a car accident, you may have a valid claim for wrongful death. Discussing the situation with a wrongful death attorney for direction concerning your case is essential.

Who’s Liable for a Wrongful Death Caused by a Car Accident?

Generally, the driver of the vehicle will be liable for the death. However, the fault ultimately depends on the cause of the collision.

If the driver’s wrongdoing caused the death, they would be responsible. Still, other parties can be at fault, including the driver’s employer, governmental entities, and product designers and manufacturers.

A wrongful death attorney can thoroughly investigate the situation to determine the cause of the accident. Once the cause is understood, liability becomes clearer. It’s necessary to know who’s at fault for the death to ensure you pursue compensation from the appropriate party.

Who Can File the Claim?

If you’re interested in filing a wrongful death claim, it’s critical to understand that not just anybody can file this type of lawsuit. Parties that can file wrongful death claims are detailed in state law.

In some states, like Michigan, only the appointed personal representative may file a wrongful death lawsuit for the benefit of surviving family members. A personal representative is the party in charge of a person’s estate after their passing. They handle all aspects of the estate, including distributing assets and property to beneficiaries and handling lawsuits.

Other states allow certain family members of the victim to file the claim, including the spouse, domestic partner, or children. Alternatively, the personal representative can also file the claim on their behalf.

Knowing your state’s procedure concerning wrongful death claims is crucial. A wrongful death lawyer can provide more insight on the matter and, if necessary, decide who should file the claim.

Civil Liability vs. Criminal Liability 

One of the most confusing parts of losing a loved one wrongfully is the issue of civil liability versus criminal liability. A person responsible for another’s death can face both a civil case and criminal charges. A wrongful death lawsuit is a civil claim.

In the situation of a car accident resulting in death, the responsible driver might face criminal charges for the wrongdoing. This is especially the case when a person drives while under the influence of alcohol or drugs. Impaired driving is against the law in and of itself, but when a person drives under the influence and kills another person, they face heightened criminal charges, including manslaughter.

A guilty defendant can face serious consequences, including prison time and steep fines if convicted.

Civil liability is different. When you hold someone liable for their wrongful actions, you’re seeking financial damages. The defendant is not considered guilty but rather liable for the victim’s death and resulting financial burdens.

In a wrongful death situation involving a car accident, the responsible party can face both civil and criminal liability based on the circumstances. But even if the responsible party isn’t facing criminal charges, you can still pursue monetary damages through a wrongful death lawsuit.

Potential Damages for a Wrongful Death

Aside from seeking justice for your loved one’s death, the main purpose of filing a wrongful death lawsuit is to obtain fair compensation for the resulting losses and expenses. Depending on the situation, you can receive financial recovery for economic and non-economic damages.

Damages available in wrongful death cases include, but are not limited to:

• Funeral and burial costs
• Medical expenses
• Loss of potential earnings and benefits
• Pain and suffering
• Parental loss
• Loss of consortium

In some situations, you may also be entitled to receive punitive damages. Unlike compensatory damages, punitive damages serve to punish defendants for their wrongdoing. To obtain punitive damages, you must prove the defendant’s actions fall under the legal requirements, including malicious, intentional, or grossly negligent behavior.

Calculating Wrongful Death Damages

It’s not easy to assign a monetary value to your loved one’s life, but it is necessary in a wrongful death lawsuit. To determine the value of your wrongful death claim, your attorney must assess the circumstances and evaluate several influential details, such as:

• The victim’s age and health at the time of their passing
• The victim’s occupation and future earning potential
• The ages and needs of the victim’s financial dependents
• The total cost of medical expenses incurred before the victim’s eventual death
• Whether the victim suffered before their passing

Additionally, other factors, such as the strength of the available evidence, can affect how much compensation you receive. Evidence often used to prove wrongful death includes medical records, police reports, witness statements, and expert testimony.

Does Insurance Cover Wrongful Death Damages?

Often, after a car accident, victims of the collision can pursue compensation through an insurance claim. Depending on state fault laws, accident victims can seek financial recovery through their own insurance or the at-fault driver’s insurance. Considering this, it’s common to wonder whether surviving family members can also obtain compensation through insurance.

You can get wrongful death damages from an insurance claim. However, in many cases, available compensation is not enough to cover the extensive financial burdens that come with the death of a loved one. For this reason, it’s common to file a wrongful death lawsuit to get adequate monetary recovery.

What To Do After the Death of a Loved One in a Car Accident

Following a loved one’s death, it can be difficult to fathom doing much else besides grieving and trying to move on. Still, if your loved one’s death occurred at the hands of another, it’s important to take certain steps to protect your rights and get on the path toward compensation.

First and foremost, gather as much evidence and documentation as possible. This can include medical bills, witness contact information, photos, and videos. You may also find it helpful to document any helpful information, as memories fade and become unreliable.

As soon as you’re ready, consult a local wrongful death attorney. During one of life’s most trying moments, your lawyer will provide guidance and support. They can address your questions and concerns, provide their thoughts and advice, and determine the best steps to proceed with your claim.

The Importance of Hiring a Wrongful Death Lawyer for Your Case

Following a wrongful death, you have every right to handle your own claim. Still, this is not in your best interest. Hiring a wrongful death attorney can have a positive, significant impact on your case and your eventual settlement or award.

Wrongful death cases are unique and differ from other types of personal injury cases. While you are not dealing with a physical injury yourself, you are facing the deep pain left behind following your loss, which, in some cases, can feel just as bad. The last thing most individuals want to do is deal with the stress of a legal claim, and understandably so.

When you hire a wrongful death attorney, you can feel at peace knowing you have a strong legal ally on your side. Your lawyer will handle every aspect of your case, from investigating the death and calculating damages to obtaining pertinent evidence and engaging in settlement negotiations. Having a lawyer during such a difficult moment is truly invaluable.

Along with all the help you’ll receive, individuals with legal representation almost always fare better than those without. Personal injury lawyers know what strategies to employ to get their clients the compensation they need and deserve. With a lawyer on your side, you can feel confident in the future of your case.

Statute of Limitations for Wrongful Death Claims

One of the most important details to keep in mind concerning wrongful death is the statute of limitations. Statutes of limitations are special laws that establish a time clock to file a claim in court. Under your state’s statute of limitations, you’ll only have a small window of time to file your lawsuit.

The statute of limitations for wrongful death cases is typically shorter than those for other types of personal injury cases. Depending on your state’s laws, you may only have one to three years to file your claim in court.

While this may seem like enough time, several pre-lawsuit steps usually must be taken, which can be time-consuming. The sooner you consult with a wrongful death lawyer, the quicker they can begin working on your claim, and the less you’ll have to worry about running out of time.

Seek Legal Help with Filing Your Wrongful Death Claim Following a Car Accident

Filing a wrongful death claim after a car accident is a challenging and emotionally taxing process. Still, it can provide a measure of justice and financial relief for the victim’s surviving family. You can navigate the difficult journey more effectively by consulting an experienced attorney and preparing a case with thorough evidence.

It’s helpful to remember that each case is unique, and the legal process can vary depending on your jurisdiction. Seeking professional legal advice is crucial to ensure your claim is handled properly and you receive the compensation you deserve.

If you find yourself in an unfortunate situation after losing a loved one in a car accident, don’t hesitate to reach out to a personal injury lawyer who can guide you through the process and advocate on your behalf. Your loved one’s memory deserves justice, and with the right support, you can achieve a fair resolution and begin the healing process.

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