What Happens If a Car Accident Results in Wrongful Death?
Car accidents, depending on several factors, may result in catastrophic injuries and even death. Human behavior, weather and road conditions, and other elements all contribute to the impact and severity of an auto collision.
When a car accident results in wrongful death, impacts are endured and experienced by the victim’s loved ones. Fortunately, they can file a wrongful death claim to receive a settlement for the damages. While it may not compensate for the loss of life, it can help alleviate the financial burden from the crash.
However, managing the complexity of pursuing justice and compensation requires understanding the consequences and available legal alternatives in unfortunate circumstances.
What Is a Wrongful Death?
Losing someone you love is a highly challenging and emotionally taxing experience. It becomes more complicated if the death was caused by the carelessness or wrongdoing of another individual or organization, which is what is known as a wrongful death in law.
For example, your spouse was on their way home. As they were crossing the street, a drunk driver hit them, causing their death. In such an instance, your spouse’s fatality can be considered wrongful death since it results from the driver’s driving under the influence violation.
The purpose of wrongful death claims is to compensate surviving family members for the mental and financial distress they have experienced as a result of their loved one’s untimely death.
These claims may arise from various occurrences, such as car accidents, workplace mishaps, medical negligence, and faulty product incidents, among others.
What Happens If a Car Accident Results in Wrongful Death?
Unfortunately, several factors can contribute to a car accident’s impact, resulting in wrongful death. Human behavior, such as reckless driving, driving while intoxicated, distracted driving, and unfavorable weather and road patterns, can all play a role in deadly car crashes. Additionally, inadequate vehicle safety measures and not wearing seat belts can further raise the risk of fatal injuries in auto accidents.
If a car accident results in wrongful death, the bereaved family of the victim can file a wrongful death claim to receive compensation for the losses. This compensation may include damages such as medical expenses, funeral fees, lost income, emotional distress, and other losses caused by losing a loved one.
Remember that in a wrongful death claim, another party’s wrongful actions should cause the death of the victim for the surviving family to have the right to compensation. As such, you will need sufficient evidence to prove that the liable party’s actions caused the death. This can be police reports, witness testimonies, car accident photos or videos, or documentation of the damage expenses.
Who Should File Wrongful Death Claims?
Not all can file a wrongful death claim for a fatality of a victim. Wrongful death claims are often submitted by surviving family members or representatives of the deceased person.
However, this depends on the jurisdiction of your state. Generally, the following individuals can file a wrongful death claim:
- Surviving spouse
- Children
- Parents
- Personal representative of the estate
Remember that the rules regulating wrongful death claims differ by jurisdiction, so it’s critical to speak with an attorney to determine who has the legal standing to pursue such a claim in a particular circumstance. In case there are legal issues about who can file a claim, such as when you are the victim’s unmarried partner, a wrongful death lawyer can also help navigate such complexities and defend your claim.
What Damages Can I Include in a Wrongful Death Claim Due to a Car Accident?
When filing a wrongful death claim, you must determine the damages sustained from the time they suffered injuries up to their death. For example, suppose the victim incurred severe back injuries and was hospitalized for a month before their passing. In that case, you may include the hospital bills and other medical expenses leading to their death.
Generally, you may include the following financial damages in wrongful death:
- Medical expenses before the passing
- Vehicle or property damage costs
- Lost wages
- Loss of income (if you are financially dependent on the victim)
- Burial expenses
- Funeral costs
Aside from the tangible damages, surviving family members like you may also experience emotional impact from the victim’s wrongful death. For instance, the spouse of the deceased may experience loss of companionship after a crash. In such a case, they can receive compensation for the emotional loss brought by the collision.
Other non-economic damages you may add to the settlement may include:
- Emotional distress
- Pain and suffering
- loss of financial support
- loss of love and companionship
Finally, if the court deems the other party’s actions extreme, malicious, or intentional, additional costs may be included in your settlement to punish their wrongful actions. This is called punitive damages.
While it is possible to secure compensation for all the damages mentioned, it may be challenging to quantify and calculate all the losses, including the non-financial and punitive damages, to maximize your payout.
Do I Need a Lawyer for a Wrongful Death from a Car Accident?
While hiring a lawyer is not required for a wrongful death claim caused by a car accident, it can be beneficial. Wrongful death cases, particularly those involving car accidents, may be complicated and emotionally taxing to handle. How can you calculate the total damages and negotiate with the insurance company if you are emotionally drained due to your loved one’s passing?
For example, a drunk driver struck your spouse in California. Due to the emotional and financial turmoil from the car accident and the passing, you weren’t prepared to file a wrongful death claim. After a year, you decided to file a case. Unfortunately, you now have one year to prove your case and still need to collect evidence. In such a case, a California car accident attorney can help build and defend your claim while you focus on your recovery.
Overall, an experienced wrongful death attorney can offer valuable advice and support throughout the legal procedure. They can assist you with understanding your rights, determining the strength of your case, gathering evidence, negotiating with insurance companies, and representing your interests in court if necessary. Furthermore, hiring a lawyer can help ease some of the obligations of pursuing legal action during a difficult time, enabling you to concentrate on grief and healing.
