Filing a wrongful death claim after a fatal car accident is how those affected by the victim’s death get justice for their tragic loss. Wrongful death claims are legal proceedings that can prove immensely complex, so you may have a lawyer lead yours.

There are many fatal car accidents that don’t rise to the level of a criminal offense. Therefore, filing a wrongful death claim may be your only means of holding responsible parties accountable for taking your loved one’s life. Even if the at-fault party faces criminal charges (if they were drunk, for instance), a wrongful death claim can provide financial coverage for the harm resulting from your loved one’s passing. Contact a seasoned wrongful death attorney near you to fight your case for compensation you deserve.

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What Events Qualify as Wrongful Deaths?

A wrongful death is one that results from negligence. Negligence occurs when someone fails to honor their duty of care. This happens when someone acts in an unreasonable manner, which in the context of a car accident can mean:

• Speeding
• Driving while intoxicated, tired, or impaired by drugs
• Driving while distracted
• Tailgating
• Driving an unsafe vehicle
• Engaging in any other act that puts others in danger

While motorists often cause fatal accidents, others, like vehicle manufacturers and municipalities, can also cause fatal collisions. Your attorney will determine who is responsible for your loved one’s passing and will pursue the compensation you deserve for the adverse effects of losing a loved one.

How a Lawyer May Prove Someone Is Liable for a Wrongful Death

Your attorney will work to prove that negligence caused the accident that precipitated your loved one’s passing. Wrongful death attorneys can prove negligence by:

• Establishing that the liable party owed your loved one a duty of care (all motorists have a duty of care, as do vehicle manufacturers and several other potentially liable parties)
• Proving that the liable party violated their duty of care by engaging in unsafe and unreasonable action(s)
• Establishing that the at-fault party’s breach of the duty of care led directly to the fatal accident
• Showing the damages you and others have suffered because of the negligent party’s actions

Making this argument will require your lawyer to present evidence of negligence. They will gather such evidence during the investigative portion of your case.

Who Is Legally Responsible for a Fatal Car Accident?

The details of the accident will largely determine who you can sue for a wrongful death. Those who can be defendants in fatal car accident claims include:

• Motorists: Drivers typically have the most power to cause or prevent accidents. When a motorist engages in any act that increases the risk of an accident, they can be legally responsible for the consequences of their actions, including wrongful deaths.
• Vehicle owners: Consider an example where a motorist borrows someone’s car with permission. If the car owner knows the vehicle has a defect and does not tell the person who borrowed the car, the owner can be liable for any resulting accident and death.
• Employers: If an employer’s employee causes a fatal accident while on the job, the employer may be named as a defendant in a wrongful death claim. State statutes and other factors may determine when an employer can be liable for their employee’s actions.
• Municipalities: Municipalities, including city governments, are typically responsible for the safety of roads. Defective traffic signals, unsafe driving surfaces, dangerous work zones, and other hazards that can cause fatal accidents may be cause for suing a municipality.
• Negligent businesses: A common example of a negligent business is one that overserves a drunk driver who proceeds to cause a fatal car accident.
• Vehicle manufacturers: Motor vehicle manufacturers who produce a defective vehicle, fail to recall a defective vehicle, or engage in other forms of negligence can be liable when their failures lead to fatal collisions.
• Pedestrians: If a pedestrian does something to contribute to a fatal accident, like darting into a roadway without the right of way, they can be found liable for a resulting wrongful death.

Every fatal accident has a backstory, and that story is crucial in determining liability for the wrongful death. Allow an attorney to gather all relevant information and evidence as they determine who to sue for your loved one’s passing.

Recoverable Damages in Wrongful Death Claims

It is difficult to identify every way in which a wrongful death affects survivors, as losing a loved one is the ultimate form of tragedy. Your lawyer will nevertheless create a detailed accounting of your economic and non-economic damages, which can include:

Pain and Suffering

There may be nothing more painful than losing a loved one, particularly when the loss comes without warning. Some types of pain and suffering you may experience after a wrongful death include:

• Grief, which can be intense and challenging to move past
• Depression
• Thoughts of self-harm
• Loss of enjoyment of life
• Changes in mood and personality
• Sleeplessness

The effects of grief are complex, and you may suffer in more ways than are listed here. Your attorney will arrange for you to see a mental health professional who will document your symptoms and provide any treatment you require.

The Cost of Psychological and Emotional Treatment

If you choose to receive treatment for grief or any other effects from your loved one’s passing, your lawyer will calculate the cost of treatment in your case.

Lost Financial Support

Those who lose loved ones may also lose the income, employer-provided benefits, and other forms of financial support that the decedent provided. Your lawyer’s settlement demands will reflect such damages.

Loss of Consortium

Wrongful death claims include non-economic losses that victims have suffered. Depending on the state where you reside, such non-economic damages may include:

• Loss of a spouse’s companionship
• Loss of a parent’s guidance
• Other non-economic benefits the decedent provided their loved ones

Lawyers understand how to calculate damages without a clear financial cost, and loss of consortium falls into that category.

Loss of the Decedent’s Household Contributions

Your loved one may have provided many benefits to those in their household, including:

• Assistance with routine chores
• Handiwork, which could have provided significant financial savings
• Bookkeeping services
• Protection of those in the household

Losing these services may require survivors to hire third parties, which comes with added expense. Your attorney will assign an appropriate financial value to the loss of the decedent’s household contributions.

Expenses Related to the Accident

You may be left with several expenses that you would not have faced if the accident had not happened, which may include:

• Medical expenses
• Vehicle repair costs
• Temporary transportation costs
• The cost of replacing a totaled vehicle

These one-time expenses will be part of your lawyer’s demand letter to the liable parties.

Funeral and Burial Costs

Every victim of a fatal car accident deserves a funeral. Even so, you should not have to pay for any service that is only necessary because of someone else’s negligence. Your lawyer will collect invoices for any funeral, burial, or cremation resulting from your loved one’s passing.

Fatal auto accidents can be extremely costly. Estimates do not even account for non-economic damages, including pain and suffering. Family members are often left with a huge financial burden, and a huge legal undertaking. Your case may require a large settlement or judgment, which can be difficult to obtain, but the right wrongful death lawyer will work to secure all the compensation you deserve.

Factors That Can Affect the Value of a Fatal Car Accident Claim

Money is not the primary concern for many who pursue wrongful death actions. The most critical objective, for most, is getting justice and holding liable parties accountable for their devastating negligence. That being said, your case will have a specific financial value, and that value may depend on:

• The age of the decedent, as this can determine how much time survivors have been robbed of because of the decedent’s passing
• The decedent’s employment details, as this can affect the value of lost financial support
• The decedent’s family situation, as this can determine the number of people affected by the wrongful death
• The decedent’s role within their household, as this can affect the value of lost household contributions

Every detail matters when it comes to wrongful death claims. Your attorney will evaluate everything you have lost because of the wrongful death.

Reasons You May Hire a Lawyer to Lead Your Wrongful Death Claim

Few people affected by a wrongful death are willing or able to handle the fight for justice without a lawyer’s help. Some of the most common reasons for hiring a wrongful death lawyer are:

• Your grief: Grief can be overwhelming and prevent affected individuals from handling even the most routine aspects of their life. The idea that you can capably handle a wrongful death case may be unrealistic, given the emotional and psychological hardship you’re likely enduring.
• Your inexperience with legal claims: Most people affected by wrongful deaths are not attorneys. Therefore, the majority of those who pursue wrongful death claims do not have prior experience with lawsuits. It is logical that you will seek an attorney with significant experience leading wrongful death cases to fight for the compensation you deserve.
• The pressing need to hold liable parties accountable: If you are unsuccessful in a wrongful death case, you lose more than a potential financial recovery. You also lose your chance to hold negligent parties responsible for taking your loved one away. Therefore, you may choose to accept the help of a lawyer, considering the high stakes of your case.
• The financial support and experience a lawyer provides: Personal injury lawyers generally use a contingency fee structure. This means the law firm will pay for the cost of completing your case, likely including expert fees and other resources that wrongful death cases often require. Choosing not to hire a lawyer means foregoing such important support for your case.

Allow your wrongful death lawyer to worry about these kinds of details. Those who lose a loved one should not have to worry about any legal case, and your lawyer will handle the legal process so you can be with loved ones.

What a Wrongful Death Lawyer Will Do for You and Your Loved Ones

Your attorney will represent you from the moment you hire them through the conclusion of your case. Some of the common duties among wrongful death lawyers are:

Determining Fault for the Fatal Accident

Your attorney will research the fatal car accident to determine who is at fault. They will obtain all evidence of fault, including any relevant witness accounts, video footage, and police reports.

Negotiating a Settlement with Liable Parties

Your attorney will see if liable parties are willing to pay you fairly for the harm they have caused. Reaching a settlement often requires prolonged negotiations, and your lawyer will stand firm behind your settlement demands.

Representing You and Other Claimants in Court, If Necessary

If liable parties will not offer a fair settlement, your attorney can take your case to court. Though there are costs and risks associated with going to trial, this can be a necessary step in a wrongful death case.

Overseeing Every Other Aspect of Your Case

Lawyers are responsible for every detail of their client’s cases. This will ensure you can mourn your loss without worrying about case-related responsibilities.

Hire Your Wrongful Death Attorney as Soon as Possible

There may be a deadline for filing your wrongful death claim after a car accident. Do not wait to hire a personal injury lawyer; you likely want to secure a financial recovery and move forward from the legal process as soon as possible.