When your loved one has died in a car accident, your family has suffered the personal injury under the law. You have lost someone who played an important role in your family in many ways. If the deceased person was a working adult, they provided financial support for the family. Regardless of whether the family member made a financial contribution to the family, they were loved and cherished. The loss of your relationship with the deceased person is a devastating loss for your family, which is compensable if you successfully file a wrongful death claim.
While you might know your family deserves justice following a fatal crash, taking proactive steps to seek financial recovery can be difficult, especially in the wake of a tragedy. Never hesitate to consult a wrongful death attorney who can assess your family’s options when someone dies in a car accident.
Certain Family Members Can File a Wrongful Death Claim or Lawsuit
State law determines which family members can file or join a wrongful death lawsuit. Usually, one lawsuit is filed on behalf of everyone who suffered damages due to the fatal crash. Some states have broader laws than others regarding who may be allowed to receive damages, but in most states, family members who can benefit from legal claims include:
- Spouses
- Children
- Parents
- Potentially other dependants or heirs
In some cases, the personal representative of the deceased person files the wrongful death claim. If this happens, the proceeds are distributed to the proper family members after the resolution of the case.
In other states, the family members themselves are responsible for pursuing the case. Either way, the family needs to work together to ensure everyone benefits if they win the claim.
A Wrongful Death Case Is Your Family’s Personal Injury Lawsuit
A wrongful death lawsuit is much like any other type of personal injury case, albeit with a different measure of damages. The first part of your lawsuit requires your family to show that your loved one died because of someone else’s negligence.
Just like any other car accident case, you must point to the specific conduct of the other driver that fell short of their duty of care. This can be challenging when your loved one is no longer around to tell their side of the story and cannot defend themselves if the insurance company claims they did something wrong to cause the accident. You need a wrongful death attorney to investigate the car accident from the absolute beginning to compile the evidence you need to win your case.
Once your attorney can prove liability, your family should receive payment based on how you suffered due to the loss of a loved one. Your family may also receive compensation for any harm your loved one sustained between the time of their injury and death as part of a survival action. The wrongful death lawsuit is intended to measure the value the deceased person had to your family and compensate you for this lost value.
What Can My Family Receive in a Wrongful Death Lawsuit?
Specifically, your family may seek compensation for:
- The earnings the deceased person should have contributed to the family over the course of their working career
- The loving relationship you had with the deceased person
- The physical relationship the spouse had with their deceased partner
- Any guidance and support you received from the family member
- The grief and trauma you have endured because you lost a loved one in a tragic and untimely manner
Wrongful death lawsuits may involve close scrutiny of the role the deceased person played in the family. Many of these damages are subjective in nature, and the insurance company will ask many hard questions because they might try to dispute your side of the story. They might undermine your losses or attempt to blame your loved one for their own death.
A family should have trusted legal representation for any wrongful death action. There is a lot of money on the line, and insurance companies and families often have competing interests and motivations. The last thing you want is for the courts to get involved, though it is necessary in some cases. When a family works together with the right wrongful death attorney, they can present a more effective legal case.
Filing a Wrongful Death Claim
The first step in attempting to get compensation for the loss of a loved one is to hire a wrongful death attorney to start on your case. When you have a wrongful death lawyer working on your behalf, your family is spared from dealing with the legal details of the case, and you have an advocate who will go to bat for you with the insurance company.
Your family may choose to file a wrongful death claim with the other driver’s insurance company as your first action in the case. Most wrongful death attorneys try to resolve the case informally without the need for a lawsuit whenever possible. Your lawyer will advise when a lawsuit in civil court is necessary to seek full compensation.
Time is Short; Hire a Wrongful Death Lawyer Now
Time is of the essence when it comes to wrongful death cases. A statute of limitations applies, which means there is a limited time frame within which you can file a claim. Failing to meet this deadline can result in losing your right to seek compensation. That's why it is important to consult with a lawyer as soon as possible. They will evaluate your case, gather evidence, and ensure all necessary paperwork is filed within the legal timeframe.
Preserving evidence is another necessary aspect of a wrongful death case. Your attorney will have the expertise to collect and preserve key evidence, such as police reports, photos, medical records, and witness statements. They will also work with accident reconstruction experts to build a solid case on your behalf. By acting promptly and engaging a wrongful death lawyer, you can increase your chances of obtaining a favorable outcome.
A personal injury lawyer not only oversees the complex legal system but also provides you with peace of mind during a challenging time. They will handle all the legal aspects of your case, including negotiating with insurance companies and representing you in court if necessary. With their support, you can focus on healing and grieving, knowing that your family's best interests are being pursued vigorously.
