Being involved in a car accident is traumatic enough, but being involved in a car accident with a loved one who loses his or her life because of it, is absolutely tragic. After the shock settles in, you might ask yourself how you can go about seeking any type of compensation.
Nothing will ever bring back the life of your loved one, of course, but you should be able to be compensated in some method financially because of the loss you have suffered.
We have asked an attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
Wrongful Death
When you have lost a loved one tragically in a car accident, you can seek compensation or damages under a suit for wrongful death. Essentially, a wrongful death claim is a legal demand that a family member of the deceased makes on the party who is deemed to be “at fault.”
The hurt party has the right to seek financial compensation for the death of a loved one. Most times these suits are brought by the deceased family members, but they can also be brought about by court-designated trustees.
Every state has its own laws on how you can file for wrongful death, as well as who can seek it. Many states also limit the amount of damages as well as the type of damages received. Speak with a local attorney to see what your state’s laws are before determining if this is an avenue you wish to pursue.
Your avenue for wrongful death can be many things. It could be the driver who was intoxicated or reckless in causing the accident. If your wife’s seatbelt was faulty and did not protect her at the time of the accident, you could pursue an action against the maker of the seatbelt.
If you were driving in a vehicle that flipped and it should not have at the time of impact, you could perhaps pursue wrongful death against the automobile maker.
Proving Wrongful Death
Proving wrongful death involves more than just showing an accident occurred, and, as a result, your loved one is dead. The stakes in these law suits are high, as well as the damages sought. If you wish to pursue someone for a fatal car accident that took the life of a loved one, you will need to demonstrate fault, as well as negligence.
You will also need to show relationship between you and the deceased, showing that the person who died was, indeed, your spouse. Lastly, you will need to show the monetary loss of your loved one. Was your spouse the breadwinner of the family?
Will you now be suffering a significant loss because of his or her death? If so, you will need to show the income that your spouse earned at the time of the spouse’s death, or you can show the possible future income of the spouse if he or she was unemployed at the time of death.
How to Win Your Case
Wrongful death cases can be tough to prove. You will almost always need an attorney to assist you give the level of proof that is needed. Any type of extensive litigation will require discovery, depositions, and significant trial work.
You will find yourself hard pressed to be able to navigate this on your own, especially if you are seeking significant compensation.
Expert witnesses are quite frequently used in wrongful death cases. You may need to hire an investigator to review the scene of the accident to analyze what happened, causation, and possible fault.
You will also need expert witnesses if you are claiming that a defect of the car or another object caused the accident. It requires a lot of time and research, so it is always highly recommended you contact a personal injury attorney.
Contact an Attorney Today
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. If you believe you could be eligible to receive compensation for wrongful death, you should speak with a personal injury attorney in your area today.
