Making a wrongful death claim is not for the faint hearted. It is an option open to family members if they have recently lost a loved one, especially one who helped support the family’s financial needs, as a result of a fatal accident like a car crash.
Wrongful death claims are only possible if there is proof that the accident victim died as a result of someone else’s negligence. To obtain a satisfactory settlement takes a good degree of preparation as well as the provision of relevant evidence that supports the claim. If you are in this position, you are advised to get legal help from an experienced lawyer before filing a claim.
The Wrongful Death Claim Process
Wrongful death claims can only be made by surviving dependents of a victim of a fatal accident caused by another person’s negligence. There are strict rules in each state that determine who is eligible to file a claim, or at least benefit from such a claim if filed on their behalf.
Claims must be filed within a fixed time limit. This could be anything from 2 to 4 years if the at-fault party was not working for a government entity. This time limit, called the statute of limitations, may be reduced to 6 months or at least much less time if the claim is to be made against a government employee or agency.
The claim will principally be for funeral expenses, medical costs, if any, incurred before death, financial support in compensation for lost breadwinner income. There may be a cap on the amounts of any non-economic damages such as compensation for loss of companionship or affection.
In some cases, there may be a good reason to ask for punitive damages. These may be granted if it can be proved that the degree of negligence was particularly excessive. Punitive damages help to send a lesson to the offender as well as society as a whole that such acts of negligence are not to be tolerated.
Evidence You Should Preserve for a Wrongful Death Claim
There must be solid proof that the auto accident that led to the death of the victim only happened because of an act of negligence. The evidence must be available that proves this and proves who the person, company or government agency was whose negligence caused the untimely death. It can be hard for family members to get this sort of evidence unless they were actually present at the crash scene and survived.
Examples of useful evidence include:
- witness statements;
- the police report made at the scene of the crash;
- evidence that might be sought by the lawyer that help to put together a picture of what happened at the accident;
- photographic evidence, e.g. video footage at an intersection if available.
In addition to this proof, there must be sufficient documentation available to show that the claimant(s) were dependent on the victim for income and other non-economic reasons, such as love and affection and companionship. There must also be evidence of costs that have had to be borne by surviving family members of things like funeral expenses and any medical treatment if the accident victim died after the actual crash.
Why You Should Turn to a Lawyer if Filing a Wrongful Death Claim
Few bereaved family members have the time or energy to contemplate the hard work needed to prepare evidence for a wrongful death claim. Any family member contemplating claiming compensation should first discuss the matter with an experienced wrongful death lawyer. Complete the Free Evaluation Form to be put in contact with a lawyer who can help with the filing process.
