If your loved one died because of a head-on collision, you might be able to file a wrongful death claim against the liable party for the damages suffered because of the crash. A wrongful death claim is filed by the close relatives, such as a spouse, the children, or the parents of the deceased.
It is the equivalent of the personal injury claim that the individual could have filed had he or she survived the crash. Head-on collisions are very serious crashes, which could lead to traumatic brain injuries, internal injuries, and crushed bones.
Unfortunately, many of these injuries lead to the death of the accident victim.
Damages Pursued in a Wrongful Death Claim After a Head-On Collision
Every state has its own laws regarding the damages that can be recovered through a wrongful death claim. There are financial hardships that result from the loss of a loved one.
A wrongful death claim might be able to help relieve the financial burden that the death of the family member caused. There are different categories of damages that can be pursued through a wrongful death claim after a head-on collision.
There are two broad categories of damages in a wrongful death claim. The first category involves recovering damages suffered by the deceased individual from the moment that the negligent act that lead to the death started until the actual death occurred. This could be minutes, hours, weeks, or even months following the crash. Medical expenses, pain and suffering, lost wages, and funeral costs are included in this part of the damages.
The second category involves the losses suffered by the next of kin after the death of the accident victim. This is designed to compensate the family for their financial losses, which usually consist of the earnings that would have been brought in by the deceased until his or her regular retirement.
In some states, claims for loss of consortium are allowed, because the immediate family is deprived of the love and companionship of the accident victim.
The Role of Negligence in a Wrongful Death Claim After Head-On Collision
To have a successful wrongful death claim, you will need to show that the other party was negligent.
There are four elements of negligence – a duty or responsibility to act in a certain way, breaching that duty, that breach of duty causes the accident, and then the damages – in this case the death – resulted from the accident caused by the breach of duty. Your wrongful death attorney will help you prove that the other party was negligent.
Consult with a Wrongful Death Attorney
If you have lost a loved one in a head-on collision, you might be able to pursue a wrongful death claim. Consult with a personal injury attorney who handles wrongful death claims.
With the help of a lawyer, your chances of a successful wrongful death claim increase significantly. Wrongful death attorneys work on a contingency basis, so there is nothing to lose. Schedule your free case evaluation today.
