There are thousands of lives lost in car accidents every year. Often, these accidents are caused by the negligence of a driver. If you have lost a loved one, specifically an immediate family member, in a car accident that was caused by someone’s negligence or intentional actions then you may be able to recover compensation for your losses by pursuing a wrongful death claim. A wrongful death claim is like a personal injury claim and allows you to recover various damages.
If the person who died in the accident could have pursued a personal injury claim against the other driver if they had survived the crash, then you will be able to pursue a wrongful death claim against them. You will need to gather the supporting evidence and documentation to have a successful claim. You should also familiarize yourself with the state laws regarding wrongful death claims and consult with a personal injury lawyer.
Evidence to Help With Your Claim For a Wrongful Death
The key to a successful wrongful death claim is to prove that the crash was caused by negligence and that all four elements of negligence apply to this specific crash. Evidence such as a copy of the accident report, witness statements, photos of the damages, medical bills, medical records, funeral expenses, damage estimates, and so forth will all be helpful to your claim.
You will need to itemize all the losses caused by the accident victim’s death, including lost earnings, and then itemize them. You will want to add them up to come up with the total value of your losses and the amount you are asking for a settlement.
The first step in pursuing a wrongful death claim will be to send a demand letter to the driver who was at fault for the crash as well as their insurance company. You will need to indicate why you believe they are liable for the damages, and you will also need to provide the supporting documentation to convince them of the liability.
You will then want to start negotiations for a settlement at that point. If a settlement cannot be agreed upon, you will file a lawsuit and the claim will advance to court for a ruling.
How a Personal Injury Attorney Can Help Your Wrongful Death Claim
Losing a loved one can be a stressful time. If your loved one died because of an auto accident that was caused by another driver’s negligence, you should enlist the help of a skilled personal injury attorney.
With the help of a lawyer, you are more likely to succeed with your claim. There is a limited time, called a statute of limitations, for pursuing a personal injury or a wrongful death claim after an accident. If you miss that deadline, you cannot recover compensation.
An attorney will investigate the accident and gather supporting documentation. Personal injury lawyers work on a contingency basis, so your attorney will not be paid until you win your case. Get your Free Case Evaluation today, so you can determine the best way to proceed with your claim.
