If one of your close relatives has died in an auto accident and you believe that the death was the result of another driver’s negligence, you may be able to file a wrongful death claim with the help of a personal injury attorney. A successful claim can help compensate you and any other members of your family who were financially dependent on the deceased.
Wrongful death claims will help pay for funeral expenses, any medical care before your loved one died and may help compensate you for lost income. An attorney can help calculate what a wrongful death claim might be worth.
Who Benefits From a Wrongful Death Claim?
Wrongful death claims are not meant for relatives to profit from a relative’s untimely death. They are designed to compensate those closely related to the deceased who may have been financially dependent on that person for income. They also serve as a warning to others in the community that negligent acts can injure and kill innocent victims and that there is a price to pay for that negligence.
A wrongful death claim is a special type of personal injury claim Like such a claim depends on one being able to prove that a negligent act led to the death of someone who had close relatives depending on him or her for income. Without proof of who caused the death and that it involved negligence it would be hard for any relative to obtain compensation.
Every state sets the rules for wrongful death claims within their jurisdiction. There is an established hierarchy used which determines who is able to benefit from a wrongful death claim.
Normally, a surviving spouse comes first, followed by dependent children, then dependent parents. There may be situations in which other less closely related relatives may be beneficiaries if there is no surviving spouse, children or parents.
What Sort of Compensation Could be Gained From a Wrongful Death Claim?
Each claim is unique and the total compensation sought must be calculated according to the specific circumstances involved. Wrongful death claims generally allow for compensation for the following:
- funeral expenses;
- all medical treatment required by the deceased before death and after the auto accident;
- compensation for any income previously enjoyed by the relative(s) lost because of the death;
- compensation for loss of companionship;
- punitive damages.
It is important that each component of the claim is fully calculated by an attorney before the claim is submitted. Punitive damages are generally only awarded if the degree of negligence involved was particularly severe, such as if the deceased died as a result of a collision with a drunk driver or someone driving particularly recklessly.
Why You Should Use an Experienced Wrongful Death Lawyer
Losing a loved one as a result of an auto accident is an emotionally stressful experience. The feeling of loss and anger can be made worse by the realization that the accident could have been avoided. It is best to use a wrongful death attorney to help prepare a detailed claim for compensation.
A wrongful death claim may involve serious negotiation with the at-fault driver’s insurance provider. This is best left to someone who has had extensive practice dealing with these companies. Complete the Free Case Evaluation to be put in contact with a lawyer who can help handle the negotiations.
