Receiving the news of a loved one’s passing due to severe injuries from a car accident is an experience nobody ever wishes for. The aftermath of such a tragic event can leave a family in emotional and financial turmoil, compounding their devastation according to a personal injury lawyer from our friends at Strong Law Accident & Injury Attorneys.
Tragically, research conducted by the Centers for Disease Control and Prevention (CDC) reveals that over 32,000 lives are lost annually in car accidents in the United States. It is a heartbreaking reality that no sum of money can ever bring back a cherished individual. Nonetheless, the overwhelming burden of medical expenses, funeral costs, and the immense emotional toll can leave you feeling utterly devastated.
If your loved one has been involved in a car accident due to someone else’s negligence, it’s important to pursue justice on their behalf. Consider partnering with a skilled lawyer specializing in fatal car accidents, who can effectively safeguard your legal rights.
Personal Injury Vs. Wrongful Death Lawsuits
If an individual sustains injuries in a car accident caused by a negligent driver, they are entitled to pursue a personal injury lawsuit against the responsible party. Through this legal action, they may seek compensation for various aspects, including medical expenses, lost wages resulting from an inability to work, property damage, emotional distress, and pain and suffering.
However, when victims succumb to their accident-related injuries, they are no longer able to pursue legal action on their own behalf. In such cases, as explained by the Legal Information Institute, the family members of the victim can file a wrongful death claim to seek justice and compensation on behalf of their departed loved one. Through this avenue, the family endeavors to secure the redress that their loved one would have sought had they survived.
Moreover, a wrongful death lawsuit empowers a family to seek recompense for funeral costs and the emotional anguish endured following the loss of their beloved.
Legally Establishing A Wrongful Death Lawsuit
Usually, the legal right to pursue a wrongful death claim with an insurance company or through the courts rests with immediate family members. To establish such a claim, the victim’s family must present evidence that clearly demonstrates how the negligent party directly caused the injuries and subsequent death of their beloved family member.
Building a wrongful death claim can be highly intricate and legally demanding in certain instances. In a car accident-related wrongful death lawsuit, various types of evidence and information are necessary to establish a strong case.
- Performing a thorough and impartial investigation to ascertain liability and responsibility for the car accident.
- Engaging accident reconstruction specialists and medical expert witnesses to leverage their expertise.
- Seeking input from manufacturing and design experts to assess whether the car accident was caused by any flaw or defect in the manufacturing design.
Constructing a wrongful death claim or lawsuit necessitates a significant investment of time and expertise. Family members of individuals who tragically lost their lives in car accidents possess the lawful entitlement to seek justice. If you suspect that the untimely demise of your loved one resulted from someone else’s negligence, it may be beneficial to seek guidance from a skilled fatal car accident attorney. They can offer invaluable support during this challenging period while safeguarding your legal rights.
Wrongful Death Negotiations With Insurance Company
Typically, when a family member loses a loved one due to fatal injuries in a car accident, their initial course of action is to visit the insurance company representing the negligent party. Ideally, the insurance company would provide a just and reasonable settlement to resolve the wrongful death claim.
Regrettably, it is often the case that insurance companies employ deceptive and manipulative tactics to coerce family members into accepting an insufficient settlement. When engaging in negotiations with insurance adjusters, it is crucial to bear in mind the following essential factors:
- Beware of insurance companies trying to record your conversations about your loved one’s accident. It is important not to give consent to these recordings, as anything you say could be used against you later to justify lower settlement offers. Stay cautious and protect your rights.
- Avoid disclosing your loved one’s entire medical history to an insurance company. Legally, they are only entitled to receive medical records related to the accident that led to their demise.
- Exercise caution when cashing a check from an insurance company, as it may be the only compensation you receive. Despite an insurance adjuster’s assurances, these companies often try to persuade victims (or their families) to cash a check, unknowingly accepting a full settlement. Stay informed and make informed decisions to protect your best interests.
If you receive a settlement offer for your wrongful death claim, it may be wise to consult with a skilled car accident lawyer. They can carefully evaluate the offer and skillfully negotiate with insurance companies on your behalf, countering any unscrupulous tactics.
Compensation For Wrongful Death Claims And Lawsuits
After the loss of a loved one in a car accident caused by someone else’s negligence, the last things you want to think about are negotiating with an insurance company or filing a wrongful death lawsuit. However, it’s crucial to remember that there is a limited window of time, known as the statute of limitations, within which you can bring a wrongful death claim. Take the time to understand and be mindful of this important legal aspect during such a difficult time..
You have the legal right to pursue compensation for the following damages:
- Funeral and burial expenses.
- Any outstanding medical bills.
- The loss of their wages during the time your family member recuperated from injuries related to the accident.
- The loss of your loved one’s future income.
- Their pain and suffering.
- Loss of guidance to their children.
- Loss of consortium to their spouse or other family members.
- Loss of caregiving capacity.
- The family’s grief and emotional trauma following their loved one’s death.
Consider How A Fatal Accident Lawyer Can Help You
Tragically, thousands of families experience the devastating loss of a loved one in car accidents every year. If your family is one of them, it is important to know that you have the right to seek justice and compensation in honor of your beloved. Engaging the services of a skilled attorney specializing in fatal car accidents can greatly assist you in building a strong case, collecting crucial evidence, negotiating with insurance adjusters, and, if necessary, representing you in court.
Contact a lawyer today to speak with a team member about your potential wrongful death claim.