Losing a loved one is tough enough, but it gets even harder when someone’s negligent action causes their death. If you lose a loved one in an accident, you might have the right to file a lawsuit against the responsible party.
Wrongful death laws are often complicated. Having an experienced attorney means that you have an advocate working for you and your family as you attempt to collect compensation.
Contact a wrongful death attorney today if you lost a loved one in an accident.
Car Accident Statistics
The United States Department of Transportation calls fatal car crashes a “deadly crisis.” According to statistics published by the National Highway Traffic Safety Administration, the number of fatal car crashes in 2020 decreased by 22 percent from crashes reported in 2019. Despite the decrease in deadly accidents, thousands of people died nationwide.
The following statistics represent the specifics of fatal crashes in one recent year.
- Nearly 40,000 Americans died in fatal car crashes nationwide.
- The overall number of crashes decreased from the previous year, but deadly crashes increased by 6.8 percent.
- Deadly crashes involving at least one driver who was speeding at the time of the accident increased by 17 percent.
- Of all police-reported fatal crashes, 45 percent involved at least one driver who was engaged in risky behavior. Risky behavior includes speeding, driving under the influence of alcohol, or not wearing a seatbelt.
- Passenger deaths increased by nine percent.
- The number of fatal hit-and-run accidents increased by 26 percent.
- The number of unrestrained passenger vehicle deaths increased by 14 percent.
The number of deadly car accidents reported in just one year alone represents a large number of wrongful death claims. Consult an experienced wrongful death lawyer if you have lost a loved one in a car accident.
Should I File a Wrongful Death Lawsuit?
Wrongful death lawsuits exist to help protect grieving family members. Getting into a legal battle is probably the last thing on your mind after suddenly losing a loved one. However, state law protects families from the devastating financial losses they might sustain after a loss.
The law protects certain family members’ rights to sue after a fatal car accident. We explain who can sue after a deadly car crash in more detail below. If you qualify to sue for wrongful death under your state’s laws, consider filing a claim. Common reasons that families choose to file a wrongful death claim include the following.
Financial Compensation
Families might choose to file a wrongful death lawsuit to recover the lost income that the deceased earned. Suddenly, losing the deceased’s income after an accident can mean the family faces financial ruin.
Emotional and Psychological Impact
Losing a loved one in a car crash has a significant emotional and mental impact on the surviving family members. An attorney can help you articulate the psychological impact of losing a loved one and pursue compensation for your loss.
Loss of Consortium
The family might file a wrongful death lawsuit to recover for loss of consortium. A loss of consortium claim allows the claimant to recover for the loss of love, affection, guidance, and support the deceased provided.
Prevention of Future Harm
Filing a wrongful death lawsuit can encourage changes in practices and policies, which can prevent similar accidents in the future. For example, if the car accident involved a commercial truck, a wrongful death lawsuit might encourage the trucking company to change substandard safety practices.
Medical and Final Expenses
According to the National Association of Funeral Directors, the median cost of a burial was $7,848, and the average cost of cremation nationwide was $6,971. These services can leave the family of the deceased with a severe financial burden after losing a loved one.
In addition to cremation or burial costs, the family might be left with the deceased’s final medical expenses. Filing a wrongful death lawsuit eases the burden of these final financial obligations.
Accountability and Justice
It is important to bring all parties responsible for causing your loved one’s death to justice. We all share the road and the responsibility to be safe while traveling. Causing a deadly accident breaches that responsibility and makes everyone on the road less safe.
Consult an attorney if you believe that you and your family have a wrongful death claim. An attorney can sift through the accident’s facts and help you understand your right to compensation.
Who Can Sue for Wrongful Death?
Compensation for wrongful death is not available to everyone. Most states limit recovery for a wrongful death lawsuit to close family members of the deceased. State law varies, so it is important to consult an attorney to learn more about your right to sue after losing someone in a wrongful death accident.
Common examples of plaintiffs that are typically able to sue for wrongful death after a car accident include the following.
Immediate Family Members
Most states allow immediate family members to file a wrongful death lawsuit. Immediate family members typically include the deceased’s spouse and their children.
Domestic Partners
Some states recognize domestic partners or long-term romantic partners and allow them to file a wrongful death lawsuit. Speak with an attorney if you have lost a long-term or domestic partner in a wrongful death lawsuit.
Parents of Minor Children
Parents of children who die in wrongful death accidents are allowed to file wrongful death lawsuits in most states.
Other Dependents
Some states allow other dependents to also file wrongful death lawsuits. Typically, these dependents must have financially depended on the deceased to have a legitimate wrongful death claim.
Representatives of the Estate
If the deceased did not have any of the above family members, some states allow the representative of the deceased’s estate to file a wrongful death lawsuit. Consult an attorney to learn more about your ability to file a wrongful death lawsuit if you are serving as the deceased’s representative.
Wrongful death laws are often complex and vary from state to state. Speak with an experienced personal injury lawyer to understand if you have the right to sue for wrongful death after a car accident.
What Should I Do After a Wrongful Death?
You should take care to protect your family’s legal rights after losing someone in a wrongful death accident. While filing a lawsuit certainly cannot bring back your loved one, the financial recovery that may be available from a lawsuit can help bring stability to your family in a time of need. Take the following steps after losing a family member in a wrongful death after a car accident.
Consult An Attorney
Always speak to an attorney for a pending legal matter. Working with an attorney helps you get access to legal experience that you would not have if you did not hire a lawyer.
Speak to an attorney about the details of your claim and how the accident happened. A wrongful death lawyer can help create a case strategy to get your family a full and fair financial recovery after an accident.
Gather Relevant Evidence
You will need to prove that the defendant’s actions caused your loved one’s death. You need relevant evidence to prove your case. Attorneys often make obtaining the evidence you need easier to make a solid case.
Examples of relevant evidence include:
- Medical records
- Insurance information
- Autopsy reports
- Police reports
- Witness statements
- Accident scene photos
- Records of mental health care
Work to Establish Liability
An attorney can help build your case so the liable party is held accountable after an accident. Insurance companies will work hard to avoid accepting liability, so having an attorney fighting for you helps reduce the odds of being bullied into a lowball settlement from an insurance company.
Identify Eligible Claimants and Defendants
Wrongful death cases involve many potentially responsible defendants. You can hold each potential defendant accountable after an accident. Your attorney will help you get the justice that you deserve.
Most states allow close family members like spouses, children, and sometimes parents and other dependents.
Calculate Damages
An attorney will help identify and calculate your damages after an accident. Understanding what the law allows plaintiffs to recover after an accident can be challenging. Working with an attorney will help you avoid missing out on any compensation you deserve after a loss.
File a Claim
You will need to file a claim to receive compensation after a wrongful death accident. Your attorney will help file a claim through the civil court system. Your lawyer will draft a complaint or petition outlining your claim’s details and requesting financial compensation.
Negotiate or Go To Trial
A large part of resolving your claim is negotiation. Resolving wrongful death claims often starts with negotiating a proper settlement with the insurance company. If the defendant’s insurance company does not offer a satisfactory settlement, then your case will continue to trial. Trials can be scary, but having an attorney means you do not have to face the inside of a courtroom alone.
Appeal The Outcome
If your case goes to trial, but you disagree with the outcome of the case, you might have a right to file an appeal. An appeal is part of the overall case strategy, so you should discuss the feasibility of filing an appeal. Your personal injury lawyer will discuss the availability and likelihood of appellate success.
How Can a Wrongful Death Attorney Help Me?
If you have lost a loved one in a car accident, you need a wrongful death attorney. Wrongful death law is complex and varies from state to state. Some of the most beneficial ways an attorney can help you when filing a wrongful death claim include the following.
Compliance With Procedural Rules
Every wrongful death plaintiff needs to follow all applicable procedural rules. Missing a deadline or failing to follow a procedural rule, like the statute of limitations, can mean you lose your right to file a lawsuit for damages.
An attorney will ensure the court does not dismiss your claim for failure to comply with rules of civil procedure.
Settlement Negotiations
The settlement negotiations phase is a critical part of an accident case. It can be an uphill battle working with insurance companies. Insurance adjusters have one goal after an accident-save the company money. Saving the company’s bottom line often means that you will get the short end of the stick.
Having a personal injury attorney negotiate on your behalf will help you avoid any tactics the insurance company might use to avoid making payments to you.
Represent You at Trial
Many civil cases are resolved at negotiations, but your wrongful death attorney might file a lawsuit if you cannot reach a satisfactory settlement with the insurance company. Facing the inside of a courtroom can be challenging alone, but having an attorney ensures that your legal interests are protected.
Answer Your Legal Questions
Having an attorney gives you access to sound legal advice and answers to your questions. It is best to hire an attorney rather than pursue compensation on your own.
Ultimately, an attorney offers support, guidance, and help to protect your family’s rights after the accident. You deserve an advocate working in your corner to present your case effectively.
Contact a Wrongful Death Claim Attorney Today
Losing a loved one because of another’s negligence is devastating. In addition to the emotional loss, your family will likely live with a financial burden. Creating a legal team means having an experienced advocate working for you and your family.
You do not have to face this challenging time alone. Your attorney will take care of the legal side of recovery while you care for your family in the aftermath of a wrongful death.
Contact an attorney today to learn more about your legal options as you pursue compensation for a wrongful death.