Losing a loved one suddenly after a car accident is unthinkable for most people. Not only are you emotionally devastated by the loss, but now you are tasked with picking up the pieces of your life for yourself and your family. You might be entitled to recover compensation after someone dies in a car accident.
A Manassas wrongful death attorney can help your family recover after a catastrophic loss. Contact an experienced attorney after someone dies in a car accident.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim brought against a defendant after a fatal car accident. State laws allow certain close family members to bring a legal claim against a negligent person or business if their actions or inactions cause someone’s death.
Getting what your family deserves after losing someone in a car accident can be difficult. Having an experienced personal injury lawyer working with you is the best way to protect your family’s rights after an accident.
Who Can File a Wrongful Death Lawsuit After a Car Accident?
State laws allow only certain family members to file a wrongful death lawsuit and recover compensation. An attorney will help you understand if you have the right to sue a defendant after an accident.
Typically, these surviving family members have the right to sue a defendant after losing someone in a car accident:
- The deceased’s spouse or domestic partner
- The deceased’s children
- The deceased’s parents
How Common Are Fatal Car Accidents?
Deadly car accidents are common occurrences across the country. According to the National Highway Traffic Safety Administration in a recent year 42,795 people died in traffic accidents. Many drivers were engaged in negligent acts, including driving under the influence of drugs or alcohol.
Potential Defendants In a Wrongful Death Case
Many parties may be held liable for a wrongful death, depending on the circumstances. Potential defendants can include:
- The driver
- The vehicle owner
- Commercial truck drivers and the companies that employ them
- Part manufacturers
- Maintenance providers
- Other drivers
- Pedestrians and bystanders
- Insurance companies
- Government entities
An attorney will review the evidence after a car accident to determine all potential defendants. You deserve to collect the money that you deserve after losing someone in a car accident.
What Should I Do After a Fatal Car Accident?
The emotional nature of dealing with a loss after a car accident can keep you from thinking clearly. It can be hard to know what to do after losing someone in a car accident. Consider taking the following steps immediately after losing someone in a car accident:
Gather the Deceased’s Medical Records
Determining the cause of death is critical to your wrongful death claim. Work with your attorney to collect medical records and medical examiner’s reports.
Contact An Attorney
Speak with an attorney to ensure that your rights are protected after someone dies in a car accident.
Notify Insurance Companies
Most insurance companies will require that you report the death. Speak with your lawyer before an insurance company.
Prioritize Your Family’s Well-Being
Ultimately, it is most important that you look after your family’s well-being after losing someone in a car accident. Take time to process and heal after your loss.
When Should I Hire An Attorney After Losing Someone In a Car Accident?
Hiring an attorney can be vital for handling a wrongful death claim. An attorney’s help is always beneficial when you have a legal claim pending, but here are some key times to consider seeking legal advice after losing someone in a car accident:
Immediately After the Accident
It is best to contact an attorney immediately after a fatal car accident, especially if you believe that negligence played a role in the accident. Contacting an attorney early can help preserve evidence and witness testimony.
While Dealing With Insurance Companies
You should always speak with an attorney before talking with an insurance company. Unlike an insurance company, your legal team is on your side and wants to ensure you receive the best possible outcome after losing someone in a car accident.
You’re Unclear About Your Rights
Knowing exactly how the law protects you after a wrongful death accident can be complicated. If you are unclear about your legal rights or the best way to proceed with a claim, an attorney can provide you with guidance and clarity.
You Are Considering Filing a Lawsuit
If you cannot reach a satisfactory settlement agreement with the insurance company, an attorney can advise you on the feasibility of pursuing a lawsuit to resolve your claim.
You Need Help Calculating Damages
Many families are unaware of what compensation they might be entitled to after losing someone in a car accident. An attorney can assist in accurately calculating potential damages.
You Need Help Meeting Deadlines
You must meet all applicable deadlines. If you believe you are at risk of missing an important deadline, contact a personal injury lawyer skilled in wrongful death immediately to discuss these details.
You Want To Ensure Fair Compensation
Working with an attorney is the best way to ensure that you get full and fair compensation in a wrongful death case. Allowing an attorney to handle your claim will give you the best possible outcome.
You Are Feeling Overwhelmed
Pursuing financial compensation after losing someone in a car accident comes with a significant emotional toll. An attorney can handle the legal aspects, allowing you to focus on grieving and healing.
An attorney’s help through the legal process can only serve you. Creating a legal team will help ease the emotional and legal burden you will face after losing someone in a car accident.
What Damages Are Available After a Fatal Car Accident?
Families might be entitled to compensation after losing someone in a car accident. The types of damages available often depend on state law. Examples of common damages that families can collect after a wrongful death include:
- Medical expenses
- Funeral and burial costs
- Lost income
- Lost benefits
- Pain and suffering
- Loss of companionship
- Emotional distress
- Loss of household services
- Loss of inheritance
- Interest on damages
In some states, punitive damages might be available for a grieving family. Punitive damages are not used to pay families back for their losses. Courts award punitive damages when the defendant’s behavior is extremely dangerous or outrageous. The goal of punitive damages is to punish the defendant and deter similar behavior in the future. The availability of punitive damages varies by state. Speak to an attorney about the feasibility of receiving punitive damages in your claim.
Survivorship claims are available in some jurisdictions. The family might have a legal claim for the damages that the deceased would have been entitled to had they survived the accident. Talk to your legal team to discuss the availability of a survivorship claim.
How Can a Wrongful Death Lawyer Help Me?
A skilled wrongful death attorney can contribute to the overall success of your case. An attorney can help you in the following ways after losing a loved one in a car accident:
Navigating the Legal System
An experienced wrongful death attorney knows the legal system better than you. Wrongful death cases often involve complex issues regarding liability and complicated insurance policies. An attorney can overcome these challenges.
Emotional Support
Losing a loved one is challenging enough, but adding a legal battle on top of it can make it seem like an impossible situation. An attorney can provide support and guidance that will allow you to focus on healing while your lawyer handles the legal aspects of your case.
Establishing Liability
Establishing liability after a wrongful death can be hard. There can be major grey areas in wrongful death cases. An attorney will work to discover who is at fault for your loved one’s death and collect evidence to support your claim.
Negotiation Assistance
Settlement negotiations are an important part of your wrongful death claim. Insurance companies will work hard to avoid accepting liability and paying your family’s claim. An attorney will use their experience to negotiate a settlement while protecting you from possible exploitation from insurance companies.
Litigation Representation
Many civil cases are settled during negotiations. However, if you cannot reach a satisfactory settlement agreement with the insurance company, your attorney can file a lawsuit and represent you in court. An attorney can represent you in court, presenting your case effectively and advocating for your rights.
Calculating Damages
Calculating damages after a wrongful death can be complex. Many families are unaware of the compensation that they are entitled to after a wrongful death accident. An attorney will help you quantify your damages, like funeral costs, final medical expenses, and lost income. Lost companionship, and pain and suffering.
Collecting Evidence
Collecting evidence is vital to the success of your claim. Some pieces of evidence in a wrongful death claim can be hard to obtain. Working with a lawyer is the best way for you to get the recovery you deserve based on available evidence.
Providing Legal Experience and Guidance
You will probably have many questions about what is best for you and your family after a tragic loss. An attorney will give you sound advice about your options based on their experience. Attorneys understand the complexities of wrongful death laws, which typically vary based on the state. They will clearly explain your rights to you after a loss.
Hiring a wrongful death attorney can significantly increase your chances of obtaining fair compensation while alleviating some of the burdens you will face during a difficult time.
Special Considerations For Wrongful Death Cases
Wrongful death cases often involve complexities that can have a serious impact on the legal side of recovery and can affect your right to compensation and ability to financially recover after a loss.
Here are some of the unique considerations for fatal car accident cases:
Proving Negligence
Proving negligence in any civil case can be challenging, but especially in a wrongful death case. Proving negligence requires presenting evidence of each element of the claim, including duty, breach, causation, and damages. An attorney can prove your case.
The Need For Expert Testimony
There must be a causal link between the accident and your loved one’s death. Showing that the accident caused their death can be hard, especially when insurance companies are set on presenting contrary evidence. A medical expert or an accident reconstructionist can both be helpful. Expert witnesses can help explain the cause of the accident and the cause of your loved one’s death.
Potential Criminal Charges
Wrongful death claims might also include criminal charges. If the wrongful death resulted from a crime, like driving under the influence, criminal charges may also be pursued. The outcome of the criminal proceeding can affect the wrongful death civil case.
Arguments Presented By Insurance Companies
The insurance company does not want to pay you for the wrongful death accident. One way that insurance companies try to avoid making payments is to try to shift the blame onto the deceased. This is a tactic that is used to intimidate you into dropping your claim or settling for a much lower amount. Contact an attorney to learn more about your options after a wrongful death.
How Long After Someone Dies In a Car Accident Can I Sue?
The amount of time you have to sue after losing someone in a car accident varies by state. Each state has a deadline called the statute of limitations. Failure to meet this important deadline can cause your wrongful death case to be dismissed by the court. Working with an attorney can help ensure that you meet this deadline and comply with other important procedural rules.
Contact a Car Accident Attorney Today
Contact a car accident attorney if you have lost a loved one in a car accident. You deserve a legal advocate to assist you through the wrongful death claims process. Creating the right legal team after a loss can help your family get your life as close to normal as possible. Call a personal injury lawyer in your area to get started.
Pierre Prialé
Founder and CEO
Over the course of his career, Prialé has handled approximately 2,000 criminal defense and traffic cases, including DUI, reckless driving, weapons charges, and personal injury cases. His dedication to helping clients in difficult and desperate situations has earned him a reputation for being a committed and knowledgeable attorney.
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