If you have lost a loved one in an auto accident, the immediate aftermath can be extremely challenging. If the person who died was an important source of income for the family, just dealing with ordinary everyday life can be hard.
If the deceased was a victim of a wrongful death, i.e. he or she died in an auto accident because of someone else’s negligence, you may be able to claim compensation with the help of a wrongful death lawyer. It can be hard trying to work out how to prepare and submit a claim on your own. It is strongly advised to have legal help throughout the process.
The Wrongful Death Auto Accident Claim Process Explained
A wrongful death claim can be submitted by a surviving family member whose relative died as a result of a serious auto accident in which someone else was to blame. The claim depends on proving that negligence was involved, i.e. it was a ‘wrongful’ death.
There is normally a given time period after the accident and death in which a claim can be submitted, known as the state’s statute of limitations. This varies somewhat from state to state but tends to be 2 or 3 years, unless the at-fault party was an employee of a government agency, in which case the time limit is usually a lot less.
The claim must be submitted with proof of negligence and detailed receipts and invoices showing the cost of things like funeral expenses, medical treatment before the person died if he or she didn’t die at the crash scene. Evidence of financial loss as a result of loss of normal income should be made available and an estimate of what it cost in terms of compensation for loss of companionship and affection.
Who is Entitled to Receive Compensation After a Wrongful Death
Normally only close family relatives or dependents of the deceased are entitled to obtain compensation. Each state sets out its rules for determining who can be a beneficiary.
Dependent spouses, children, elderly parents and adopted children tend to have priority. More rarely, if no-one else exists, there may be provision for siblings.
How a Lawyer Can Help You With a Wrongful Death Auto Accident Claim
It is stressful enough just coping with ordinary life and the process of grieving after losing someone as a result of an auto accident. When it is known that the accident should not have happened, the feelings may be intensified. These natural feelings may make it hard to think about filing a wrongful death claim.
For a claim of this type to succeed it requires thorough preparation and knowledge of the sort of documentation required which will be needed to support the claim. Unfortunately, many insurance providers may deny a wrongful death claim, especially if there is not proper documentation or evidence.
If you are in a position to make a wrongful death claim, a wrongful death lawyer help increase your chances of a successful claim. Complete the Free Case Evaluation on this page for assistance with your wrongful death claim.
