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The last thing we expect when we leave for work in the morning is to receive a call from a hospital informing us that our partner or spouse has been involved in a car accident. However, every single day, hundreds of people get these types of phone calls. Often, families learn that their loved one is seriously injured, but they are expected to recover fully. Sadly, in too many cases, a family is informed that the injuries may be fatal.
It is important to remember that not every car accident death occurs immediately. Some people survive the initial accident and succumb to injuries days, weeks, and in some cases, months later. This makes the loss even more challenging for the family.
Families must not only recover emotionally from their loss, but they are faced with an entirely new set of issues. Learning that a loved one has died from injuries suffered in an accident that could have been prevented can cause additional emotional stress on family members. This is the time when a wrongful death attorney may be able to offer some guidance.
Car accident statistics across the United States are staggering. In one recent year, more than 30,000 people lost their lives in more than 50,000 car accidents on U. S. roadways. Some of these accidents are preventable, but this is of little consolation to a family member who has lost a loved one. We all understand the unexpected death of a loved one is an emotional event for everyone in the family. Unfortunately, it can also be a financially devastating event.
In most states and municipalities, some statutes are specifically called wrongful death statutes. These state-by-state rules generally dictate what defines a wrongful death and what options a family has open to them upon learning another party was responsible for the loss of their loved one.
While each state has its own rules, car accidents occur as a result of:
In general, if a person were to survive an accident, they could file a lawsuit against the person who caused the accident. If this is the case, either the deceased’s estate or their loved ones can file a wrongful death claim.
Some families believe that before a wrongful death lawsuit can be filed, any pending criminal charges must be resolved. This is a misunderstanding. Criminal charges may be filed after a car accident resulting in someone’s death, but this has nothing to do with a wrongful death claim.
Wrongful death claims are civil actions. The level of evidence that a person was operating a vehicle negligently is different in a civil case than it is in a criminal case. One must only show that it was more likely than not that the accident resulted in someone’s death and that there were losses associated with the death.
This is a lower level of proof than what would be required for criminal charges. While a guilty plea or finding in a criminal case would strengthen a civil wrongful death claim, it is not a requirement for filing a wrongful death suit.
Most states allow a surviving spouse, parents, or children to file a wrongful death lawsuit on behalf of the decedent. In some states, there is a requirement the suit be filed by a representative or executor of the estate of the decedent. These types of lawsuits can be complicated. Anyone who has lost a loved one should consider contacting a wrongful death lawyer for guidance.
While a monetary settlement can never make up for the loss of a loved one, a family should not suffer financially after losing a loved one. This is particularly true when the behavior of another causes death. An attorney can help a family determine if they should file a claim with the responsible driver’s insurance company and help them through the process.
There is no guarantee of a certain dollar amount in any civil lawsuit. Wrongful death claims are no different.
However, there are specific categories of compensation which a family may seek to obtain a settlement, including:
A wrongful death claim cannot make up for the loss of a loved one. However, such a claim can help a family recover financially and provide the basis for a stable financial future without their loved one. Compensation for the financial losses a family faces may also act as a deterrent to others who recklessly drive their vehicle.
The decision to file a wrongful death claim may seem difficult. However, holding someone financially responsible for the financial losses a family faces can help a family recover financially and help provide the groundwork for a more solid financial future without the financial support of the decedent.
When a family contacts an attorney with experience dealing with these types of claims, they can help review the claim, determine the financial losses a family will suffer, and make a settlement demand to the right insurance company. They can also help with negotiations and other issues that a family would otherwise have to deal with on their own.
It is important to understand when someone dies in a car accident, the first step is to file a claim with the at-fault party’s insurance company.
In states with no-fault insurance statutes, the family may recover certain benefits from PIP coverage, including:
Even in no-fault states, the family may file a claim against the driver who caused the wrongful death. While it may be clear that there was someone else at fault, this does not mean that the claims process will go smoothly. For a grieving family, the process of filing a claim and settling with an insurer is fraught with difficulties. This is why it is recommended a family reach out to a wrongful death lawyer when they have lost a loved one in a car accident.
Most of us have, at one time or another, had to file a claim with our insurance company. Typically, small claims are processed relatively quickly and do not require much negotiation. However, a wrongful death claim is complicated, and insurers are reluctant to pay out larger claims.
You can expect an attorney to assist a family who has lost a loved one by:
Insurance company adjusters are trained to find ways to minimize claims. While a family may pay monthly premiums for years to help them recover from a financial loss, that does not mean the insurance company will pay a claim without trying to minimize their loss from paying the claim. Families often find that working on a claim is more complicated than anticipated, which is why many turn to an experienced wrongful death lawyer for help.
There is little doubt that a family is facing financial instability when they lose a loved one. For some, this makes them hesitant to seek guidance from an attorney who can help them with their claim.
Here are some of the facts that everyone should know when contacting a wrongful death lawyer.
Many cases do not wind up in court. Most cases are settled outside of court once an attorney can demonstrate the full extent of a family’s losses and the insurer knows the attorney is advocating on behalf of their client. Insurers have attorneys working on their behalf, and victims should have an aggressive advocate.
While there is nothing an attorney can do to help ease the emotional pain and suffering a family feels while grieving a loved one, it is important to reach out and ask for advice. Working with an experienced attorney to handle a wrongful death claim is important. If you have lost a loved one in a car accident, contact a personal injry lawyer today to fully understand the available legal remedies.
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