Losing a loved one is devastating. It’s even worse when the person dies in a car accident because of another person. Under the law of each state, you can sue for wrongful death when another person’s negligence, recklessness, or intentional criminal conduct kills your loved one. If your claim is successful, you can receive compensation for lost income and inheritance, loss of family services and guidance, medical and funeral expenses, mental anguish, and the deceased’s pain and suffering.
While the specifics of wrongful death laws vary from state to state, one thing remains the same. Your wrongful death claim has a higher chance of success when a wrongful death attorney represents you after the car accident. Learn more about wrongful death auto accident claims below. Then, speak to a wrongful death attorney in your community for more information.
What Is Wrongful Death?
In most states, wrongful death is defined as a death that involves a wrongful act, negligence, default, or breach of contract. Wrongful death is when the person dies because another person is legally at fault. Usually, wrongful death claims involve negligence in car accidents. However, wrongful death claims can also involve defective products, medical mistakes, and intentional acts, such as murder or assault.
Car accidents are generally caused by negligence. Other drivers have a duty of care on public roads to keep them safe and drive within the rules. If another driver acts negligently and injures another person, and the action leads to someone killing another person, they can be liable for wrongful death. In some cases, a company can be held partially liable for someone’s death.
For instance, if a truck driver ignores a red light and T-bones your loved one’s car and kills them, you can file a wrongful death claim, potentially against the driver and employer. Your wrongful death attorney will need to prove that the other driver violated their duty of care, caused an accident, and that the accident led to their fatal injuries.
What Causes Wrongful Death Car Accident Claims?
Sadly, most car accidents that lead to death are because of another person’s negligence. This fact makes the case even more difficult for the family because they know the tragedy was avoidable. Some of the most common reasons for fatal car accidents are:
- Speeding: Drivers often go too fast for the conditions, and slowing down takes longer, leading to more accidents.
- Aggressive driving, such as tailgating and running stop signs and red lights.
- Distracted driving, which can lead to rear-end accidents and hitting pedestrians in crosswalks.
- Drunk driving: All it takes is a beer or two to be impaired enough to affect the driver’s reflexes and decision-making.
A wrongful death attorney will learn if the police cited the at-fault driver for a traffic violation. This information can be helpful in a future wrongful death lawsuit. The civil wrongful death claim is separate from any criminal case the driver faces. You can receive compensation in a wrongful death claim regardless of anything that occurs in a criminal case.
Who Can File A Wrongful Death Lawsuit?
Every state has laws that define the family members who are eligible to file a wrongful death claim. For example, in Florida, the personal representative of the estate files the claim. This person can be named before the person passes in the estate plan or can be named afterward. The wrongful death claim is usually filed on behalf of:
- The spouse of the decedent
- Children of the decedent
- Parents of the decedent
- Blood-related dependents
Types Of Damages In A Wrongful Death Claim
State law allows the surviving family to seek various damages in a wrongful death lawsuit. The losses usually involve the money that the decedent would have earned, such as lost income, services, and benefits. Funeral and medical costs related to the incident are also included.
The family may also be entitled to compensation for the mental and psychological aspects of the death, such as loss of protection, care, and support.
A wrongful death attorney plays a vital role in calculating the potential value of your claim. Filing your claim can also provide an important aspect of healing the loss, and many plaintiffs say this is an essential part of moving past the devastating loss.
How A Wrongful Death Claim Is Filed
Filing a wrongful death lawsuit after a car accident is a complex process, and it’s especially challenging and emotional for the family. The following steps are typically involved when your wrongful death attorney files a claim on your behalf:
Determine If You’re Eligible
First, your wrongful death attorney will understand if you can file a claim. The claim can be filed if you are a close relative who lost a loved one because of an accident or wrongful act by another person.
The personal representative of the estate can file the claim on your behalf. This person is named in the decedent’s will or will be named by the court. Direct family members, including the spouse, parents, or children, must file the lawsuit.
Collect Evidence
Next, your wrongful death attorney will obtain the death certificate, medical records of the deceased, police reports, witness statements, and other evidence that supports that another person caused the death.
Photographic and video evidence may also be collected that proves how the death happened. Witness statements can also be used to support the notion that a violation of the duty of care caused the death.
Prove Negligence
Your attorney will attempt to show that the death happened because of someone’s wrongful act, negligence, breach of contract, or default. At this point, your attorney may collect expert statements from accident reconstruction professionals to prove how the crash occurred.
Determine Damages
A wrongful death attorney will calculate your economic and non-economic damages. These damages include medical and burial expenses, lost income, lost inheritance, pain and suffering, and mental anguish.
File A Wrongful Death Lawsuit
Your attorney will file the wrongful death lawsuit with the correct court. It includes preparing legal documents, including a wrongful death complaint, and outlining the legal reasons for filing the lawsuit.
Settlement Talks
Most car accident wrongful death lawsuits are settled between the plaintiff’s attorney and the auto insurance company. Your wrongful death attorney will seek the most compensation for your losses.
Go To Trial
If the insurance company doesn’t offer a fair settlement, your attorney will take the lawsuit to court and argue the best case to the jury.
The attorney’s office will be sent the settlement or jury award compensation. They will subtract their legal fees and expenses and wire the rest to your bank.
Do You Need A Wrongful Death Attorney For A Successful Claim?
Yes. This is because the odds of a successful wrongful death claim and fair compensation are always much higher with legal assistance. Wrongful death lawsuits are complex and require extensive legal experience to file successfully and receive just compensation. Your wrongful death lawyer’s duties include:
- Case evaluation: The attorney will review the case for free to determine its viability. Specifically, the person must have died in a car accident because of someone’s negligence, and you must have suffered damages as a result of the death.
- Collecting evidence: Your attorney will gather relevant evidence, including police reports, witness statements, surveillance camera footage, accident reconstruction testimony, and more to build the claim.
- Estimating your case value: Most wrongful death plaintiffs don’t fully value their claim. Your attorney knows what your case is worth. They will add up your damages, including pain and suffering, lost income and inheritance, lost family services, burial and medical costs, and more.
- Negotiating with the auto insurance company: Insurance companies usually want to make minimal wrongful death lawsuit payments. Your attorney will argue for the most compensation based on the available evidence.
- Going to court: Most wrongful death claims are settled, not litigated. If the insurance company doesn’t pay fairly, your attorney will take the case to court in a personal injury lawsuit.
You will almost always get less money if you don’t hire an attorney for your wrongful death claim. Have a wrongful death lawyer on your case for the most compensation.
What Is The Average Wrongful Death Claim Worth?
There is not an average wrongful death claim because every case is unique. Your wrongful death claim compensation will vary based on these and other factors:
The Person’s Income And Earning Potential
Someone with an extensive education and high earning ability will lead to a higher wrongful death case value.
Age
The person’s age at the time of death will influence the claim’s compensation. Someone with a longer life expectancy when they died would have a higher value than an older person.
Negligence
The severity of the negligence of the person who caused the death will affect the case value. If the driver who killed the person was extremely intoxicated, this can raise the claim value.
Medical Expenses
Many wrongful death victims endure extensive medical treatments before they die. You can be left with large medical bills that can affect the size of the settlement.
Emotional Suffering Of The Family
Suppose the deceased had several young children and a spouse dependent on the deceased for income. The emotional suffering compensation in this type of case can be higher than if the deceased had no children.
Wrongful death compensation usually ranges between hundreds of thousands and millions of dollars. Talk to a wrongful death attorney for additional information to get an accurate idea. They can review your case details and provide an approximate value range.
Household Services
How the deceased contributed to the services in the home also is a factor. If the person who died helped to care for the children and maintain the home, the claim value can be higher.
Insurance Availability
How much insurance is available for the wrongful death claim is an important factor in the case value. Some car insurance policies only provide a limited amount of insurance, which can limit your payout. However, some car accident claims can involve a liable company, which can increase the settlement amount. Truck accidents usually are covered by larger liability policies.
Remember The Wrongful Death Statute Of Limitations
Many states have a two-year statute of limitations to file a wrongful death lawsuit. This means you have only two years from the date of death to file your claim. This is a short time, so always ensure that you speak to a wrongful death attorney quickly. This gives you the best chance of your claim being filed on time.
How Long Will A Wrongful Death Claim Take?
Most wrongful death claims are resolved with a settlement. It usually benefits your family and the insurance company to settle the case instead of going to court. However, the insurance company may fight the claim. It can be argued that another party caused the car accident and your loved one’s death. Or, the insurance company may offer a much smaller settlement than you think you deserve.
A wrongful death settlement can take a few months to a year to resolve. However, the resolution can take years if the case goes to trial. Talk to your wrongful death attorney about how to resolve the case in the best way. Your attorney will know if it’s best to take the insurance company’s best settlement offer or to take the case to court.
A Wrongful Death Lawyer Can Help You Now
Losing your loved one in an accident is devastating. It’s almost incomprehensible. Nothing can replace your relative, but you can receive much-needed compensation to put your life back together if another person caused the death. Speak to a wrongful death attorney in your area today for more information.
You do not need to worry about affording your attorney’s services. A contingency agreement pays a personal injury lawyer. It means they are paid a percentage of the money you receive in a settlement or jury award. You don’t pay legal fees unless they obtain compensation for you.
