Wrongful Death – Filing a Case after the Death of a Loved One in an Auto Accident

The death of a loved one can leave a huge hole in your heart, one that can take a lifetime to heal. While the suffering from the loss of a loved one may seem too much to bear, there are a few things you can do to ease the pain.

For an individual who lost a loved one to an auto accident resulting from the negligence of another individual, you can file a wrongful death suit to claim damages and ease the financial burden. But, like other lawsuits, filing a wrongful death claim can be challenging. And that is why we have highlighted a few things that’ll help in your effort to get the compensation you  deserve.

What is a Wrongful Death?

If an individual’s death is due to the carelessness or negligence of another, the survivors may sue for wrongful death.

Wrongful death is a civil cause of action brought by dependents against people who caused the death of a loved one. The goal of the legal action is to seek compensation for the survivor’s loss, like lost wages from the deceased, companionship, and funeral costs.

Wrongful death statutes are different in all states. However, they generally indicate who may take legal action for wrongful death and if any restrictions may be applied to an award of damages. At first, wrongful death statutes were made to offer financial help for widows and orphans of the deceased but were later expanded.

Causes of Wrongful Death

Auto accidents resulting from the negligence of an individual are one of the most common causes of wrongful death. However, there are more. Here are some below:

• Truck accidents
• Bicycle accidents
• Medical malpractice
• Products liability
• Work-related accidents
• Criminal acts

Forms of Compensation You Can Receive After a Wrongful

After the wrongful death of a loved one (who was involved in a car accident), you may want to consider hiring a wrongful death lawyer for advice and assistance. If you do and you win the case, your family is entitled to receive the following forms of compensation.

Financial losses: The loss of a loved one—especially a breadwinner—to an auto accident can signal the beginning of financial hardship for dependants. A financial loss compensation will help ease the financial burden on surviving family members. This form of compensation will cover the deceased medical bills, funeral and burial expenses, etc.

Loss of inheritance: refers to the assets the deceased would have accrued as part of the estate if he were still alive.

Mental anguish: This compensation covers the emotional pain and suffering resulting from the death of a loved one.

Wrongful Death: Who can Sue?

Before taking legal action against another individual for the wrongful death of a loved one involved in an auto accident, you may want to determine if you are eligible to sue.

Law concerning who can file a wrongful death claim varies from state to state. Although, generally, the personal representative of the decedent estate, including the surviving spouse, immediate family members, children, and even parents of a deceased child, can sue the individual responsible for the death of a loved one.

While thinking about what steps to take before filing a wrongful death lawsuit, remember that every state has a civil “wrongful death statute,” or group of statutes, which lays down the steps for making a lawsuit.

How Do You Prove Wrongful Death?

There are some steps to follow to successfully file a wrongful death lawsuit. As the plaintiff, here are what you need to show:

• The death of a human being.
• The death resulted from someone else’s carelessness or the intention to cause harm.
• The survival of family members who are experiencing financial hardship due to the death.
• The designation of a personal representative for the decedent’s estate.

Contact an Attorney for Help With Your Wrongful Death Lawsuit

Losing a loved one to an auto accident can be heart-rending, especially if the accident resulted from the negligence of an individual. While there is little you can do to bring your loved one back, you can ease the potential financial burden.

If you have made up your mind to pursue legal action against the individual responsible for the auto accident, you’ll need the help of an expert. Ensure you contact an experienced attorney for assistance in filing a wrongful death lawsuit and advice.

Bottom Line

Filing a wrongful death lawsuit and winning the case is never a walk in the park. However, you can increase your chances of victory by honing your knowledge about the essential basics of this lawsuit, making strategic plans, and hiring a professional wrongful death attorney.