Filing a Wrongful Death Claim After a Car Accident

When a family member dies in a car accident caused by another person’s negligence, the heartbreak and shock can be devastating. In many situations, these incidents can leave a family unsure of what their legal options are, especially as they try to manage their personal grief.

There are many situations where it is possible to pursue legal action through a wrongful death lawsuit. This process enables the close family members of the person who died to seek compensation for the losses from their loved one’s unexpected death.

These are very complicated cases with a lot on the line. If you are a close family member of a victim of a fatal accident, seek legal help from a trusted and experienced wrongful death attorney with state-specific knowledge to guide you. Taking this step is one of the best ways to protect you and your family.

GET A FREE CASE EVALUATION

When Does Wrongful Death Apply to Car Accidents?

State laws have different definitions of wrongful death, but they are all fairly similar. For example, according to Washington State Law, wrongful death occurs when a person dies as a result of the wrongful act, negligence, or default of another person. There are many ways this can occur during a motor vehicle accident. For example, it may apply if:

• A truck driver falls asleep at the wheel, striking another car and killing the person within it.
• A car is speeding and slams into another vehicle, causing that vehicle to roll over several times and the driver to die.
• A motorcycle is hit by a vehicle and thrown off the road due to a driver’s aggressive tailgating, leading to fatal injuries.

These are simple examples, but these accidents can be complicated and raise many concerns for family members. If you suspect that your loved one’s death in a car accident was caused by another person, company, government failure, or other factor, reach out to a wrongful death attorney for immediate help. Acting right away may help preserve your right to compensation and justice.

Filing a Lawsuit Against the Responsible Party

Wrongful death laws dictate when and how a person can file a claim for wrongful death. In most situations, the personal representative of the person who died can take legal action. This may be a spouse, or if there is no spouse, it may be the child or parent of the person who died. In some cases, someone outside the family is named as the representative of the estate.

Numerous rules apply to these legal situations. First, the estate can seek compensation for the losses the victim would have received if they had survived and filed a personal injury lawsuit. Additionally, the family, especially those who are dependents of the person who died, may seek compensation for the losses they suffered.

A Duty of Care Existed

Proving that there is a duty of care in a car accident requires showing that the person who caused the accident should have kept others safe. If a person is behind the wheel of a car, operating on the roadway with others, that duty of care exists.

Breach of Duty of Care

The next component is to prove that the person who caused the accident breached their duty of care. For example, they may have been intoxicated or driving recklessly. They did something or did not do something that put others at risk.

Causation and Damages

It is not enough to show a driver did something, as you also must prove the driver’s conduct was the cause of the accident and fatality. You must also demonstrate that your family incurred actual losses due to the fatal crash.

Proving the legal elements of wrongful death can be more complicated than you think, so reaching out to an experienced attorney who can identify evidence and all your legal options is critical. Out of every wrongful death that occurs, only a fraction of people take action to seek out the justice that their family deserves. It is always worth setting up a free consultation to discuss your rights and your options for holding negligent parties accountable.

Filing a Wrongful Death Claim After Car Accident

If a family member died as a result of a car accident, it is up to the deceased’s family to pursue compensation. Keep in mind that while criminal charges might result from a wrongful death, especially if a driver was intoxicated, this does not offer much benefit to you or your family. Criminal cases like vehicular manslaughter might demand minimal restitution for victims, but it is difficult to collect and usually only covers a fraction of your losses. As a result, it is critical to take legal action when there is just cause to do so.

The estate representative must file the claim against the party at fault. A wrongful death lawsuit is often filed with an attorney’s help in the applicable court where the incident occurred. This is a complex legal process, meaning numerous steps will be involved, and you must be patient and ready to work with your attorney.

The at-fault party and their liability insurance provider will likely have questions for anyone involved and additional evidence requests. They will use the documentation or evidence from the accident to verify the cause of death and liability. They will also likely push back on the compensation demanded to minimize their costs. Having an experienced attorney is critical in these situations since the insurance company can be aggressive in so many ways.

Factors That Affect the Value of a Wrongful Death Claim After a Car Accident

Every case is very different. The compensation paid to the deceased’s estate will be determined based on numerous specific factors related to the case. Your wrongful death attorney will pursue full and fair compensation in these cases based on everything they know about the incident and the person’s contributions.

Some of the factors that may play a role in the compensation received by the estate in a wrongful death claim may include:

The Age of the Decedent

The age of a decedent can play a significant role in the amount of compensation received. A person who was contributing to their family’s finances and was in a fatal crash in the prime of their life may result in more compensation than someone who is older and is no longer contributing financially to the family. Keep in mind this relates to economic value and that there is no way to put a true value on the loss of life.

The Work the Individual Did

One goal of a wrongful death case is to compensate for the financial losses that occurred. By understanding how much money the person earned, it is then possible to determine how much they would likely have continued to contribute to their family’s economic finances going forward.

The Family Member Who Died

The losses a family sustains due to the loss of a spouse or parent will be different from the compensation for the loss of a child.

The Economic Damages Suffered in the Incident

The economic losses are those related specifically to the financial damages the decedent suffered before death. If the person had lived, they would likely have sought a personal injury lawsuit against the at-fault party for these losses. The estate can do so now, though this might require a separate claim called a survival action.

Compensation may include:

• Medical expenses from the accident and through their death
• Costs related to funeral and burial
• Lost income and benefits at work following the grave injury

Your wrongful death lawyer should review any costs and losses due to the loss of life and gather documented evidence. Each of these losses must come with proof to verify the value. Families should always work with a wrongful death attorney to recognize their many losses and accurately calculate their claim’s value.

Insurance Company Limits and Wrongful Death Claims

One factor in determining how much compensation the estate may receive after a wrongful death is the insurance company’s policy limits. Generally, the at-fault party’s auto liability insurance covers the losses from their actions behind the wheel.

Since most liability insurance policies have a coverage limit or the amount of coverage available, the wrongful death claim cannot be more than that value. In situations where it is much more, the estate may need to seek legal action by filing a lawsuit against the at-fault party to seize additional assets in the case. This is more complicated, but it is not uncommon.

How Long Does It Take to Get a Wrongful Death Settlement?

For anyone who has lost a family member due to the actions of another, it can seem like this process is long and never-ending. Various legal processes must take place, and as a result, the entire experience can take months to years to resolve.

Ultimately, the goal is to reach a settlement with the at-fault party and their insurance company to compensate for any damages experienced. The insurance company will take every step they can to reduce that amount, which often means pursuing strategies to prove that the victim was at fault or to minimize the compensation.

It is common for parties to reach a settlement agreement, though it often takes time and several rounds of back-and-forth negotiations. When both sides come to an agreement, the at-fault party’s insurance company will issue funds to the estate, which then uses those funds to pay close family members or other beneficiaries. If there are medical bills to pay, those costs are covered first.

Extensive negotiations can draw out the process. However, it is never wise to settle your case too soon since there is so much potential compensation at risk if you do. Instead, work with an experienced wrongful death attorney who can work tirelessly to defend the rights of the victims and pursue full compensation.

The Benefits of Hiring a Wrongful Death Attorney After a Car Accident

Wrongful death is a very complex legal matter. Unlike a small claim against an insurance policy, this requires careful consideration of the incident, creating a clear indication of blame, and documenting all the losses the estate suffered. It is essential to have a skilled wrongful death attorney handling this process to both minimize your risks and facilitate an easier process for you, allowing you to grieve.

Because wrongful death laws are complex, it helps to have the knowledge and experience of an attorney by your side. Consider these additional benefits.

Set Up a Free Consultation as a First Step

To determine if you can seek compensation or file a lawsuit against the at-fault party, start with a free consultation from an attorney. This is an opportunity to share details of what occurred. This then allows you to gain clarity on what legal options you may have. There is no obligation to hire the attorney, which can alleviate much of your worry.

Seek Out a Contingency-Based Attorney

An attorney who works on a contingency basis is the right choice for families exploring the possibility of a wrongful death claim. This type of attorney only receives payment for their legal services when they win the case and the estate receives compensation. The benefit is that this eliminates any additional risk to you, the victim’s family, as you do not have to pay legal fees in the event of the claim being denied.

Alleviate Your Frustration with the Help of a Wrongful Death Attorney

Your loved one was killed in a car accident, and you are confident someone’s actions or inactions caused that loss. This is the right time to take legal action. Set up a consultation with a Kent personal injury lawyer to discuss your case.