No one should have to endure losing a family member in a car accident, yet every year, countless families face the heartbreak of these often preventable tragedies. The unexpected death of a loved one due to someone else’s negligent or wrongful actions can place immense emotional and financial strain on the surviving family members. While legal actions cannot undo the tragic loss, filing a wrongful death claim after a car accident can help hold the responsible party accountable and may provide financial stability for those left behind. Certain family members and representatives of the individual’s estate can recover compensation.
We understand that in the aftermath of losing a loved one, the last thing on your mind is dealing with complex legal matters. A wrongful death attorney can handle every aspect of your claim, from gathering evidence to negotiating with insurance companies, so you can focus on grieving and healing.
Schedule your complimentary case review with a knowledgeable wrongful death lawyer who can determine your eligibility and the best course of action for moving forward.
What Is a Wrongful Death Claim?
A wrongful death claim is a type of lawsuit that certain surviving family members of someone who has passed away due to the negligent or intentional actions of another party can file. A wrongful death claim can hold the responsible party accountable for their actions and secure compensation for those who the loss has affected.
Typically, wrongful death claims are filed when someone dies instantly in a car accident. However, if the deceased didn’t die right away, family members may also consider filing a survival action.
In such a situation, the beneficiary of a survival claim should recover compensation for the injuries and suffering the deceased experienced before their death.
The same person can benefit from a wrongful death and survival action, and they may bring two lawsuits for the same injurious conduct.
If your loved one died in a car accident, seek the advice of a wrongful death attorney as soon as possible. The law only provides a short window of time after an accident to bring a wrongful death lawsuit, and missing this deadline can cause you to lose the opportunity to seek justice for your loved one’s death.
Who Can File a Wrongful Death Claim?
Not everyone who suffers the loss of a loved one due to wrongful death may file a wrongful death lawsuit. The law is specific about which family members or representatives of the deceased’s estate can file this claim.
The following family members may file a wrongful death lawsuit after a car accident:
Surviving spouse: This applies to both legally married and legally recognized common-law spouses. Even if the spouses separated when the wrongful death occurred, or the surviving spouse remarried after the death, they might still file a wrongful death claim.
Typically, the surviving spouse of the deceased is the primary individual eligible to file a wrongful death claim and is entitled to compensation for the financial and emotional loss resulting from the death of their partner. Additionally, wrongful death settlements often consider the surviving spouse’s long-term needs, especially if the deceased was the main financial provider.
Children of the deceased (including legally adopted children): Biological, adopted, and adult children of the deceased may be eligible to file a wrongful death lawsuit for their parent’s loss. However, stepchildren may not enjoy the same rights unless the deceased officially adopted them.
Both minor and adult children can pursue compensation for the loss of guidance and financial support the deceased would have provided. Age and the anticipated earnings the deceased would have made over time typically influence the compensation a biological or legally adopted child may receive.
Parents of the deceased (including adoptive parents): In the absence of a spouse or children, the biological or adoptive parents may file a wrongful death claim on behalf of their deceased child.
Even if parents are divorced, they can still seek compensation for the emotional distress and loss of support caused by the untimely death of their child.
Any eligible family members may file individually or collectively in a joint claim. However, if none of these family members file a claim within three months of the death, the personal representative or executor (the person appointed to carry out the terms of the accident victim’s estate and final affairs) of the deceased’s estate may pursue a wrongful death action.
Siblings, grandparents, and other relatives of the deceased are usually not allowed to file a wrongful death claim.
The Most Common Causes of Fatal Car Accidents
In the United States, car accidents are one of the leading causes of wrongful death and injury year. In fact, according to the National Highway Traffic Safety Administration (NHTSA), approximately 41,000 people died in car crashes last year.
While various factors play a role in this troubling trend, the most common causes of deadly crashes include:
- Distracted driving
- Speeding or racing
- Driving while intoxicated (DWI)
- Reckless or aggressive driving
- Fatigue or drowsy driving
- Inclement weather conditions
- Tailgating or following too closely
- Running red lights or stop signs
- Improper lane changes or merging
- Vehicle or road defects
Despite speeding being a significant factor in many car accidents, the NHTSA reports that drunk driving remains the top cause of traffic fatalities in the U.S. In one recent year alone, drunk driving accidents claimed the lives of 38,680 people, representing more than 30 percent of all traffic-related deaths that year.
Distracted driving is another major cause of car accidents. Drivers who text, talk on the phone, or engage in other activities while driving are also more likely to be involved in a car crash.
Proving Liability in a Wrongful Death Lawsuit
Several key elements must be established to succeed in a wrongful death claim. These elements are essential in assessing whether a claim is legally valid and whether the claimant is entitled to seek financial recovery for their loss.
The plaintiff (accident victim) is required to demonstrate the following elements to succeed in a wrongful death claim:
- Duty of Care: The first element involves proving that the at-fault driver was legally responsible for operating their vehicle safely and preventing harm to others. For instance, every driver must obey traffic laws and operate their vehicle cautiously, prioritizing the safety of others.
- Breach of Duty: Evidence must show the defendant (at-fault party) failed to uphold this duty by engaging in action such as speeding, distracted driving, running a red light, or driving under the influence. When someone does not uphold this duty, it can serve as the basis for a wrongful death case.
- Causation: You must demonstrate the defendant’s negligent actions directly caused the accident and the victim’s death. This often requires establishing that the defendant’s actions are not just a contributing factor but the primary cause of the fatal outcome through expert testimony and a detailed analysis of the events leading up to the accident. For example, if a driver engages in reckless conduct, such as speeding or running a red light, and this results in a deadly accident, this will potentially demonstrate that the defendant’s actions were the direct cause of the victim’s death.
- Damages: Finally, the victim’s death must have resulted in measurable financial and emotional losses. The plaintiff (eligible surviving family member/representative of the deceased’s estate) must prove these losses by a preponderance of the evidence, meaning it must be more likely than not that the claimed losses resulted from the victim’s death. Recoverable damages may include medical expenses incurred before death, lost income the deceased would have provided, and non-economic losses such as emotional distress and loss of companionship.
Evidence such as medical records, accident reports, dash camera footage, witness statements, and expert testimony can play a key role in supporting a wrongful death claim. A skilled wrongful death attorney can use this evidence to establish liability and build a compelling case to secure justice for the victim’s family.
Recoverable Damages in a Wrongful Death Car Accident Settlement
Eligible surviving family members can seek various damages through a wrongful death lawsuit. Every case is different, and the type and amount of compensation will be influenced by factors such as the victim’s income, medical expenses, funeral costs, and the emotional suffering endured by those loved ones left behind.
In cases where you establish negligence, eligible surviving family members may pursue compensation for the following damages resulting from a fatal car accident:
Economic damages: These cover the victim’s loss of financial support and any associated costs incurred due to the accident.
These quantifiable losses include:
- Funeral and burial expenses
- Damage to property caused by the fatal accident (costs for repairing or replacing vehicles or personal belongings impacted by the crash)
- Medical costs related to the injury or illness leading to death (hospital bills, surgeries, prescription medications, and ongoing treatments)
- Loss of income and future earnings the victim would have contributed (lost benefits, pension, retirement, medical coverage)
- Loss of household services the victim provided (childcare, cooking, maintenance)
- Potential loss of inheritance or assets that the victim would have left to heirs or beneficiaries
Non-economic damages: These losses are less tangible and hard to measure but are just as significant as the measurable financial damages.
This includes losses such as:
- Mental and emotional anguish experienced by surviving family members due to the loss of their loved one (feelings of grief, sadness, and anxiety)
- Loss of companionship and society (the loss of the victim’s presence, affection, the emotional connection shared with close family members)
- Loss of intimate relationships for the surviving spouse (the loss of the intimate and romantic connection once shared between spouses)
- Loss of parental support and guidance (The absence of a parent’s care, wisdom, and emotional support, particularly for children or dependent family members)
- Emotional suffering and psychological trauma (The psychological effects triggered by the sudden loss, which may include conditions like post-traumatic stress disorder (PTSD) and depression)
Exemplary or punitive damages may apply in cases of extreme negligence or intentional harm. These damages punish the at-fault party and deter similarly egregious behavior, such as situations involving intentional violence or a heavily intoxicated driver who caused a fatal crash.
Several factors, such as the age of the deceased and the number of dependents, are considered when calculating damages in a wrongful death claim. Additionally, the degree of loss and suffering experienced by each family member usually determines the distribution of damages in a wrongful death lawsuit.
For example, a spouse may recover a more substantial portion of the compensation for emotional distress than the parents of the deceased.
If a wrongful death case proceeds to trial, jurors will generally allocate the largest share to the surviving spouse, followed by minor children and then the parents of the deceased.
Families considering legal action should consult a qualified wrongful death attorney who can assess the potential value of a claim by working with expert witnesses such as economists and actuaries who can provide calculations and their opinions on the true financial impact of the loss.
How a Wrongful Death Lawyer Can Help
If you believe another party’s negligence may have caused or contributed to your loved one’s death, you should contact a knowledgeable wrongful death attorney. While coping with the loss of a loved one can take time, waiting too long to take legal action can make it more difficult to secure the justice and compensation you deserve.
Most wrongful death lawyers offer free consultations, allowing you to discuss your case without the stress of any upfront costs or financial obligations.
Additionally, many work on a contingency fee basis, meaning you will not incur any attorney fees, court, or other legal costs unless/until they secure compensation on your behalf.
