The loss of a loved one is an unimaginable tragedy, particularly when it occurs due to someone else’s negligence. In cases of wrongful death resulting from car accidents, the legal system provides a way for surviving family members to seek justice and compensation for their immense loss.
If you’ve lost a loved one as a result of a car accident, speak with a wrongful death attorney. A lawyer can provide support and guidance during life’s most challenging moments as they protect your rights and seek financial recovery on your behalf.
Understanding Wrongful Death
A wrongful death occurs when a person dies due to the wrongful act or negligence of another party. In the context of a car accident, this can involve driving under the influence of drugs or alcohol, reckless driving, or failure to adhere to traffic laws.
Wrongful death claims are civil lawsuits that seek to hold the responsible party accountable for their actions. When a party is liable for another’s death in a wrongful death claim, they are financially responsible and must pay monetary damages to the victim’s family for their losses.
Proving Wrongful Death After a Car Accident
The plaintiff must demonstrate certain details to succeed in a wrongful death claim. Among these, they must show the defendant’s negligence and their damages.
Establishing Negligence
When a party is negligent, it means they failed to act in the manner another similarly situated party would have acted. When claiming that a party’s negligence caused your loved one’s death, you must satisfy the elements of negligence, which include:
- Duty: The defendant owed your loved one a duty of care at the time of the car accident.
- Breach: The defendant’s actions caused them to breach their duty of care.
- Causation: A direct relationship exists between the defendant’s wrongdoing and the collision.
- Damages: Your loved one passed away, and you suffered damages as a result.
For example, if the defendant was drinking and driving and caused the accident and fatality, you would prove they owed your loved one a duty of care to drive safely, they breached this duty by driving intoxicated, their intoxication caused the car crash, and you suffered monetary and non-monetary damages from your loved one’s death.
Damages
Along with proving negligence, you must show you suffered damages caused by your loved one’s passing. Damages refer to the compensation awarded to surviving family members or dependents of a victim. The damages you’re entitled to receive vary based on the specifics of the case and your jurisdiction, but can include:
- Medical expenses: Costs related to the victim’s medical care before death.
- Funeral and burial expenses: Costs associated with the victim’s burial or cremation.
- Loss of income: Compensation for lost income or earning potential of the victim.
- Loss of benefits: Value of lost benefits the victim would have been entitled to receive, such as health insurance or retirement contributions.
- Emotional distress: Suffering caused by the loss, including grief and trauma experienced by surviving family members.
- Loss of companionship: Compensation for the emotional support and companionship the deceased provided.
Additionally, some families can obtain punitive damages. Unlike compensatory damages, which aim to compensate for losses, punitive damages are assessed to punish the defendant when their actions are grossly negligent, intentional, or malicious.
A wrongful death lawyer can evaluate the situation to determine the extent of your losses and assign a dollar amount to your case. While it can be difficult to fathom putting a price on your loved one’s life, it’s necessary to ensure you get full compensation.
Who Can File a Wrongful Death Claim?
If you wish to file a wrongful death claim, it’s essential to understand how your state handles filing procedures. Not just anyone can file a wrongful death case, and state law dictates who’s entitled.
Many states, like California, allow certain individuals, including the victim’s spouse, domestic partner, or children, to file a wrongful death claim. Alternatively, the victim’s personal representative can file the claim. A personal representative is a party chosen by the victim before their passing or appointed by the court, who handles all of the victim’s affairs to formally close their estate.
Other states, like Florida, only allow a victim’s personal representative to file a wrongful death claim on behalf of surviving family members.
A wrongful death attorney can help you understand your state’s rules for filing a wrongful death claim to avoid potential errors or delays.
The Role of Insurance in a Wrongful Death Case
If your loved one is killed in a car accident, you may wonder whether insurance is involved at all. In a collision, insurance can help pay for damages, including medical bills, lost income, and property damage. When an accident turns deadly, the insurance company can still play a role, and you can obtain financial recovery by filing an insurance claim.
Still, getting compensation for wrongful death from the insurance company may be quite a challenge. The insurance company may play hardball and avoid paying out what your losses are worth.
If an insurance claim is unsuccessful and you’re unable to get the financial recovery you’re owed, you may have additional options. A wrongful death lawyer may suggest filing a lawsuit to continue your pursuit of just compensation.
Steps to File a Wrongful Death Claim Following a Fatal Collision
All wrongful death cases are unique, but generally, you can expect the following steps. Knowing what you can anticipate can help ease some of your worries and make you feel more confident moving forward with your claim.
Gather Evidence
A significant part of proving wrongful death is having the evidence to back up your claims. Strong evidence can help determine the cause of the car accident, establish the defendant’s liability, and show your losses.
Evidence often used in wrongful death cases involving car accidents includes:
- Police reports: Official accident reports that detail the circumstances of the crash, including statements from involved parties and witnesses.
- Witness statements: Testimonies from individuals who saw the accident can provide meaningful context and support claims about how the accident occurred.
- Medical records: Documentation of the victim’s injuries and medical treatment can establish the extent of suffering and the connection to the collision.
- Expert testimony: Opinions from accident reconstruction specialists or medical experts can help clarify the mechanics of the accident and the impact of injuries.
- Traffic camera footage: Surveillance footage from nearby cameras can provide visual evidence of the crash.
- Vehicle maintenance records: Documentation showing the maintenance history of the vehicles involved can help determine if mechanical failure contributed to the accident.
- Cell phone records: Evidence of phone use at the time of the accident (e.g., texting or calling) can be substantial in proving distracted driving.
If you have evidence and documentation, maintain it so you can later provide it to your lawyer to use for your future claim. Throughout your case, your attorney can also obtain other necessary evidence to strengthen your case.
Consult with an Experienced Attorney
Before filing your claim, it’s important to seek legal counsel. A qualified wrongful death attorney can provide invaluable guidance through the complexities of the legal process. They can help evaluate the case’s merits, collect evidence, calculate damages, and meet all legal requirements.
File the Claim
Once sufficient evidence is gathered and damages are assessed, your attorney can draft and file the wrongful death claim with the appropriate court. Your complaint usually includes:
- A statement of the facts surrounding the incident that resulted in your loved one’s death
- Identification of the defendant(s)
- A detailed account of the damages sought
After your lawyer initiates the case in court, they will provide the opposing party with copies of court documents. Defendants have a certain period, usually 21 to 30 days, to file a response to your complaint in court. Once they’ve filed their response, the case can proceed.
Go Through Discovery
One of the most important parts of a wrongful death claim is discovery. During this phase, parties have the opportunity to request and obtain evidence while building their cases. Attorneys utilize certain legal tools to get the information they need, including depositions and requests for production.
Engage in Negotiations
At some point in the case, often after discovery, the defendant (or their insurance company) may respond with a settlement offer. It’s common for insurance companies to aim to settle quickly and for far less than what is deserved. Negotiation is often a critical phase, and having an attorney experienced in negotiations can significantly impact the outcome.
Go to Trial (If Necessary)
The case may proceed to trial if a fair settlement cannot be reached. During trial, attorneys present arguments, evidence, and testimony before a judge or jury. At the end of the trial, juries deliberate and render their verdicts.
Going to trial is not always necessary, as many wrongful death cases settle before they ever reach the courtroom. Still, regardless of where your case takes you, you can trust your wrongful death lawyer will be with you every step of the way, safeguarding your rights and fighting for justice on your behalf.
Legal Time Limit for Filing Wrongful Death
Filing a wrongful death claim allows you to exercise your rights and secure compensation for your losses. However, there is only a short time to take action and hold the responsible party accountable.
Each state has specific statutes of limitations governing various types of cases, including wrongful death claims. A statute of limitations restricts the time a party has to file a lawsuit in court. For wrongful death cases, this period typically ranges from one to three years from the date of the death.
Failing to file your claim within this time frame can result in losing the right to pursue a claim. It is imperative to consult with an attorney promptly to ensure compliance with these timelines. When you have a lawyer handling your claim, you can rest assured they will handle your case timely and efficiently to avoid missing deadlines.
Common Challenges Faced in Wrongful Death Cases
Filing a wrongful death claim following a car accident does not come without certain difficulties. These challenges often include:
- Proving negligence: Establishing that the defendant’s actions directly caused the death can be tough, especially if there are liability disputes.
- Insurance company tactics: Insurance companies may employ various strategies to minimize payouts, including denying responsibility or downplaying the severity of your losses.
- Emotional toll: The process of filing and handling a wrongful death claim can be emotionally draining for survivors.
Although it’s important to identify potential obstacles, it is equally as important to recognize how much a wrongful death lawyer can minimize these difficulties. A seasoned attorney has the experience, resources, and skills to prove negligence, fight against the insurance company, and support you throughout the process, giving you much-needed peace of mind as you pursue justice for your loved one’s death.
Allow a Wrongful Death Lawyer to File Your Claim
Filing a wrongful death claim after a car accident is a taxing but necessary process for seeking justice and financial recovery for your loss. By understanding the steps involved, gathering appropriate evidence, and working with an experienced attorney, you can better navigate this difficult time with greater clarity and support.
Losing a loved one in a car accident is a devastating experience. However, allowing a wrongful death lawyer to handle your claim can provide you with the peace of mind and support you need during this difficult time. Their knowledge, and dedication to your case will ensure your rights are protected and that you receive the justice and compensation you deserve. While no amount of money can replace your loved one, a successful claim can provide the financial relief you need and accountability for those responsible.
If you find yourself in a heartbreaking situation after losing a loved one in an auto collision, do not hesitate to reach out to a skilled San Jose personal injury lawyer to discuss your options and begin the journey toward healing and justice. It’s important to your family and for the victim.