There are millions of car crashes reported every year across the United States. In 2019, there were reportedly 38,800 fatalities from auto accidents. If your loved one died because of a car accident that was caused by someone else’s negligence, you may want to pursue a wrongful death claim against the at-fault driver. Their insurance may be responsible for the damages that they caused and will compensate the survivors or the estate of the decedent for those damages.
You will need to gather supporting evidence and documentation, such as a copy of the accident report, photos of the damaged vehicles, medical bills, medical records, funeral bills, and documentation showing the lost wages. You will need to gather the supporting evidence and documentation that your claim needs to succeed.
Filing a Claim for a Wrongful Death From a Car Accident
If the other party was at fault for the crash, it is important to file a wrongful death claim. That way, the at-fault driver is held liable for the damages and their insurance company will cover those costs.
You will need to gather all the supporting documentation, and then itemize the total of all the costs. Add up any medical expenses, then put the total for the funeral and burial costs, add in the loss of earnings, and include property damages and any other related expenses. You will then come up with the total value of your claim and how much you are asking for a settlement.
Every state has a statute of limitations, which is a time limit, for pursuing a wrongful death claim after a car accident. A wrongful death claim is like a personal injury claim. It is basically recovering compensation for the damages that the deceased could have claimed if they had survived the crash. Since they died, their next of kin or a representative of the estate will be working to recover those damages.
The Claims Process for Wrongful Death From a Car Accident
There is a statute of limitations for pursuing a claim, and that time limit can vary from one state to the next. If you wait too long, you will not be able to pursue a claim and recoup compensation.
The first step in a wrongful death claim will be to send a demand letter to the at-fault driver and/or their auto insurance. Itemize the damages as previously mentioned and then add them up. You will want to show that the other driver was negligent. You should be able to start negotiations for a settlement.
If you cannot reach a fair settlement, or if the insurance company says that their driver isn’t liable, then you may need to file a lawsuit and let a court decide. An accident injury lawyer can help you with your claim.
How an Attorney Can Help Your Wrongful Death Claim
Wrongful death claims are complex, and you could benefit greatly with an attorney representing you. They will be able to help gather all of your paperwork in order to file a claim. That is police reports, witness statements, photos from the accident, etc. Wrongful death lawyers work on a contingency basis, and do not require payment upfront. Complete the Free Case Evaluation Form to share the details of your wrongful death claim today.
