The Process of Filing a Wrongful Death Lawsuit After a Fatal Car Accident
Thousands of innocent lives are cut tragically short yearly due to automobile accidents. Many of these passings are unavoidable tragedies, while others may be the consequence of carelessness on the part of others. A loved one may pass away due to the reckless driving of another. In that case, their relatives can file a wrongful death lawsuit for damages after a fatal car accident.
After the tragic loss of a loved one, certain surviving relatives may pursue legal action for wrongful death. Remember, though, that not every family member qualifies for a claim. Only certain individuals meeting the requirements can bring a wrongful death claim. Surviving relatives can file a claim for numerous personal injury damages on behalf of a deceased person.
Losing a loved one due to another driver’s carelessness is tragic. We know how tough this time is for you and your loved ones left behind. Nonetheless, the statute of limitations is short, so the deceased’s estate must act quickly to sue for wrongful death. Keep reading to figure out how to file a wrongful death suit and the responsibility of parties involved in fatal car accidents.
Wrongful Death Lawsuit: What Is It?
You may file a wrongful death lawsuit in court when someone’s life is taken due to another person’s negligence, recklessness, or malice. A civil lawsuit can be filed for wrongful death. Hence, there are no criminal consequences for wrongful death. Instead, if you are found liable, you must pay monetary damages.
It is unusual for a car accident to give rise to a civil claim and criminal prosecution for wrongful death, but it is not impossible. When someone files a claim for wrongful death, it’s usually so that the deceased’s loved ones can get financial compensation for the hardships they’ve had because of the death.
You could file a wrongful death suit if a loved one were killed in an auto accident that was not their fault. You may be able to incorporate wrongful death in a personal injury case, often known as a “cause of action,” depending on the local civil procedure rules.
There’s also the option of filing a regular civil complaint based on the wrongful death statutes of your state. If you’re the one filing for wrongful death, you must be prepared to show proof of the law’s required elements.
Who Can Make a Lawsuit for Wrongful Death?
The eligibility requirements for bringing a wrongful death suit vary from state to state. Often, only close relatives can file a wrongful death lawsuit. If the deceased was a minor, this includes the deceased’s parents; if the deceased was a spouse, this includes the deceased’s spouse.
Suppose the deceased has no surviving spouse, domestic partner, or child. In that case, a deceased person’s siblings or parents may file a claim for inheritance under intestate succession laws.
Sometimes, even when the deceased was an only child, a grandparent or other distant relative could file a wrongful death suit on their behalf. Claimants for wrongful death may also include stepchildren, putative spouses and their children, and parents who were financially reliant on the deceased.
How to Make a Wrongful Death Claim Following a Vehicle Accident
It could be challenging to decide whether to bring a wrongful death lawsuit. Yet, holding the responsible party liable for the resulting financial losses can help the family recover and provide the framework for a more secure financial future without the decedent’s financial support.
To help examine the claim, calculate the financial damages, and negotiate with the appropriate insurance provider, families should seek the counsel of a lawyer with experience handling such claims.
The family doesn’t have to handle difficult negotiations or other challenges alone if they have their aid. You can seek help from Hotz & Associates – Knoxville Car Accident Lawyer, tohelp you deal with these issues.
What Is the Possible Compensation in Cases of Wrongful Death?
A wrongful death lawsuit can’t bring back a lost loved one. However, a claim of this kind can assist a family in financially recovering and lay the groundwork for a secure financial future in the wake of a loved one’s death. The threat of compensating for an injured family member’s financial losses may discourage others from engaging in similar behavior.
In a civil case, the money you can win is never set in stone. Claims for wrongful death are the same. Nonetheless, there are certain types of compensation that a family might pursue to settle, and these include:
Medical expenses: You can seek compensation for the total amount of the deceased person’s medical bills up until death. Expenses like these may involve sending an ambulance to the scene, keeping the victim in the hospital, tests and scans performed, and paying for any necessary medications or surgeries.
Earning potential: Compensation for a wrongful death claim often includes past lost wages and potential future earnings.
Miscellaneous costs: Wrongful death claims might also cover final expenses, including funeral and burial costs.
Non-economic losses: The decedent’s mental agony and physical pain during life are compensable damages. Loss of care, counsel, and financial support could all be grounds for filing a wrongful death suit.
Monetary penalties: Wrongful death claims sometimes need to include punitive damages. This may be illegal in several states. Talking this out with the lawyer handling the claim is a good idea.
Why You Should Get a Lawyer to Make a Wrongful Death Claim?
We’ve all had to call our insurance companies to report a claim at some point. These are small disputes that don’t need much bargaining. But, insurance companies are hesitant to pay out substantial amounts due to the complexity of wrongful death claims. In such cases, getting legal help can have several advantages:
Negotiations with the Insurance Provider
Adjusters are the negotiators who work for insurance firms. When an adjuster realizes that an attorney does not represent a family, they may try to provide a significantly lower settlement than what the family should receive.
Suppose the family has help from attorneys with experience regarding the matter to help them examine the claim and estimate its value. In that case, they are more likely to receive the money they deserve.
Review of Paperwork
The insurance company may agree that the claimant’s death resulted from another party’s negligence. However, that does not guarantee they would pay up.
There’s a good chance they’ll provide numerous signature pages and other documents to lengthen the process of filing a lawsuit. A family can protect their rights by having a lawyer evaluate any paperwork before they sign them.
Reducing Mental Stress
The last thing a bereaved family wants is to get hundreds of phone calls from insurance adjusters on the phone. A wrongful death lawyer can field all inquiries and answer all letters on their behalf.
So if you want to avoid any additional issues and mental stress when you are already grieving, you can choose to avoid them. You can get legal help from Hotz & Associates – Knoxville Car accident lawyer to deal with them on your behalf.
Conclusion
No amount of money can compensate for losing a loved one in a dreadful car accident. But holding the irresponsible person responsible with a wrongful death lawsuit and getting financial compensation can help bring closure and allow the grieving family to move ahead.
In this article, you can get all the helpful information regarding the wrongful death lawsuit. Thanks for reading.
