Losing a loved one is never easy, and when their death is the result of someone else's negligence or wrongdoing, it can be even more devastating. Every year, more than 40,000 people die throughout the United States in motor vehicle accidents. If your family has lost a loved one in a car accident, it is undoubtedly a traumatic event with far-reaching consequences.
When someone else caused the accident that took the life of your loved one, your family may have the legal right to a significant amount of money in a wrongful death lawsuit. First, you need to file a wrongful death claim or lawsuit seeking compensation for the loss of a family member.
You can expect a complicated legal process when you are filing a wrongful death claim. Insurance companies will likely have to pay you a great deal of money, and they will take their time before they arrive at that point. The insurance company may only take you seriously with an effective legal advocate. A wrongful death lawyer can gather proof of what happened in your loved one’s car accident and quantify the full extent of your damages.
You should schedule a free initial consultation with a wrongful death attorney today. They will take the time to listen and learn about what happened, and the details of your family dynamic. A wrongful death attorney should handle your case compassionately while fighting on your family’s behalf. A lawyer experienced in handling wrongful death cases has the experience to deal with the legal system and ensure you receive the justice and compensation you deserve.
A Wrongful Death Claim Is Your Family’s Personal Injury Action
When you file a wrongful death claim, it is your family who has suffered a personal injury. Here, your injuries connect with the loss of a loved one. Your family may have suffered in many different ways and will continue to do so in the future. When you can prove that someone else’s wrongful actions caused the death of your loved one, you can receive compensation for every way that you have suffered.
Like any other type of personal injury case, you must establish that someone else’s negligence was the cause of your injury. In other words, you must prove fault in the car accident that took the life of your loved one. Negligence has the same meaning as in any other type of personal injury case. Here, it means the following:
- Someone else owed your loved one the duty of care;
- They violated the duty of care by doing something unreasonable under the circumstances;
- Your loved one suffered an injury; and
- Your loved one would not have suffered an injury had it not been for the actions of the other party.
You Must Carry Your Burden of Proof and Deflect Efforts to Blame Your Family Member
You have a burden of proof that you must meet to show that someone else was negligent. Unfortunately, your loved one cannot tell you what happened during the accident. Still, you must come up with the evidence needed to show that someone else should be liable for the accident. In some cases, the liability for the accident may be clear at the accident scene. Other times, the accident will require an extensive investigation by your attorney to learn the cause and gather the necessary evidence to prove fault.
One complicating factor in a wrongful death case is the efforts of the insurance company to cast some blame on your loved one. Insurance companies do this to avoid paying a claim or reduce the amount of money they owe your family. The complicating factor is that your loved one is no longer here to defend themselves from these allegations. A wrongful death attorney can use the available evidence to refute these claims and protect your family’s legal rights.
How Your Family Has Lost When a Loved One Has Died
A wrongful death claim is all about the impact the death has had on your family, and will have going forward. Your family has likely suffered in several ways due to the enduring absence of a loved one. You likely have experienced injuries and losses, including:
- Your loved one’s role as a financial provider for the family through the earnings that they would have earned for the rest of their working career;
- The love and guidance that your family member provided to individual members of the family;
- The grief and trauma that your family endured because they lost a loved one under sudden and tragic circumstances; and
- The physical relationship that a spouse had with the deceased person.
Insurance Companies Will Ask Difficult Questions of Your Family
You can expect to have to answer difficult questions when you file a wrongful death lawsuit. Since the wrongful death claim measures the value of a deceased person’s life, you need to establish the exact value and role that they played in your life. For example, if you are claiming that you lost love and guidance from the deceased person, you will need to explain the nature of your relationship with them. If you are claiming damages for the loss of a physical relationship, you will have to answer potentially uncomfortable questions about your sex life.
Opposing counsel may ask all these questions when you are under oath at a deposition. However, you need to participate fully in a wrongful death lawsuit, even when it is difficult for you. A wrongful death lawyer can help you prepare to answer these questions, and they will be there to defend you when you are subject to a deposition.
You Can Also Recover Money for Harm That Your Loved One Suffered
Wrongful death claims may also include a survival lawsuit when your loved one did not die immediately from their accident injuries. The mere fact that your loved one passed away does not relieve the responsible driver from liability for the injuries that your loved one sustained between the time of the accident and their death. A survival action typically belongs to the estate; the personal representative will file it. Typical survival action damages include:
- The medical expenses that were necessary to treat your loved one (and the obligation to reimburse their health insurance company, which has a lien on the settlement or jury award);
- The earnings your loved one would have earned between the time of their injury and death;
- The emotional distress that the deceased person experienced because of the car accident; and
- The pain and suffering that your loved one experienced because of the injury.
A survival action typically gets filed alongside the wrongful death claim because it involves the same operative facts. If the claim is successful, the heirs to the estate usually divide the proceeds. You can always add more parties to your lawsuit if it is within the statute of limitations.
You Can Get Considerable Wrongful Death Compensation
Wrongful death lawsuits can lead to a considerable amount of damages. After all, your family has suffered the ultimate loss in that your loved one is gone forever, and you need to receive payment for the loss. The lost earnings element of wrongful death compensation alone can be significant before you even factor in more subjective losses. However, before you can file a wrongful death claim, you need to know the exact value of your case.
Many of the elements of wrongful death compensation are entirely subjective because they depend on the deceased person’s relationship with you. The insurance company is looking for any reason possible to poke a hole in your recollections and dispute your damages. A wrongful death attorney can ensure that you can tell your story, and if the insurance company is not cooperative, your lawyer can place legal pressure on it to pay more money.
Insurance companies have every reason to be afraid of you and your family. They know that the combination of (1) a motorist who was entirely in the wrong and (2) a grieving family can tug on a jury’s heartstrings. After all, jurors are people who have emotions, and they may award your family even more money if your case goes to trial.
State Law Controls Your Wrongful Death Case
Who may file a wrongful death lawsuit and how to divide the proceeds depends on the laws of your state. In many cases, the personal representative is responsible for the lawsuit. They will work with the rest of the family to make critical legal decisions in the case. The family must be on the same page, as only one wrongful death lawsuit usually gets filed.
The family can divide the proceeds of the wrongful death case in accordance with state law. Otherwise, the family can agree on how to split the money they will receive in a settlement or jury award. Many people may have depended on the deceased person. However, some state laws will restrict who can receive the proceeds from the case. The court may have to decide any disputes among family members, although this may be the last thing you want during an already difficult time.
Moreover, your family will need to decide how they want the money from a wrongful death lawsuit. Some families may opt for a structured settlement that pays out the money over time so the family can continue to receive support for years to come. If your family chooses to take all the money now, you must plan how you will use the money.
Why You Need a Wrongful Death Lawyer for Your Case
Your wrongful death lawyer will perform a considerable amount of work on your case, although they will do this for free if you do not receive a settlement or jury award. There is no expectation that you will pay your wrongful death lawyer any money at the outset of your case or along the way. You must only sign a representation agreement that promises to pay your wrongful death lawyer a percentage of your settlement or jury award, should you receive one. Thus, the personal injury law system does everything possible to encourage you to get a lawyer for your case.
A Wrongful Death Attorney is Standing By
Going through a wrongful death case is an incredibly challenging experience, both emotionally and legally. Hiring a lawyer with experience in these types of cases will provide you with the knowledge, support, and guidance you need to handle the legal system successfully. They will fight for justice on your behalf, ensuring that you and your loved ones receive fair compensation for the pain and loss you have suffered.
Steve Fields
Founder | CEO | Principal | Attorney
Steve Fields founded Fields Law in 2001 and quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares. After more than 20 years, those clients continue to refer their friends and family whenever they have been injured or become disabled.
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