Suddenly losing a loved one in a car accident is an unimaginable tragedy. It can be even more devastating if another party was at fault for the accident because it means the loss was preventable. If you believe that the accident was due to the negligence or wrongdoing of another person, you may have the right to seek justice for your family by filing a wrongful death claim.
A wrongful death claim cannot turn back time, of course, but it can financially compensate you for the unexpected expenses and financial burdens that come from such a devastating loss. However, adding the legal process to your plate might seem like only more stress that you do not want to face. Fortunately, you never have to file a wrongful death claim after a car accident alone, and nor should you ever try to do so.
If your family is in this situation, never wait to reach out to an experienced wrongful death attorney. They will handle everything involved in the legal process and protect your rights while you focus on your emotional recovery. Contact a wrongful death lawyer near you to discuss your options and get the support you need during this difficult time.
What is a Wrongful Death Claim?
A wrongful death claim is legal action taken by the surviving family members of a person who has passed away due to the negligence or intentional act of another person or entity. This civil claim allows the dependents and family members of the deceased to pursue compensation, and this is separate from the criminal process.
For example, if your loved one was killed in a car accident, the other driver might have been intoxicated. The state might issue criminal charges for driving under the influence to punish the driver, but the purpose of a wrongful death claim is to provide financial compensation to the surviving family members for the loss they have suffered. If the driver made a simple mistake and did not commit a crime, they might not face any charges at all, but families can still be entitled to compensation.
Who Can File a Wrongful Death Claim?
Each state has its own laws regarding who can file a wrongful death claim. Generally, immediate family members such as spouses, children, and parents have the right to file a claim. Some states also allow extended family members, such as grandparents or siblings, to file a claim if they can show they were financially dependent on the deceased. A skilled lawyer with experience handling wrongful death cases can determine if you can file a claim under your state's specific laws. If you are unsure about your options, contact a wrongful death lawyer today to learn more.
What Damages Can Be Recovered?
In a wrongful death claim, families can seek various types of monetary damages. These damages should compensate the surviving family members for their economic and non-economic losses.
In the event of a wrongful death, unexpected expenses like overdue medical bills, credit card balances, and mortgage payments can add stress to an already difficult situation. Your attorney can assess and outline the specific damages you might expect to receive in your wrongful death case. Some common damages include:
- Economic Damages: These damages cover the financial losses suffered due to the death. Economic damages provide compensation for tangible monetary losses. They may include medical expenses, funeral expenses, lost earnings and benefits, loss of future income, and the value of household services the deceased provided.
- Non-Economic Damages: These damages compensate for the emotional and psychological impact of the loss. Not all damages have a monetary value assigned to them. Non-economic damages may include pain and suffering, loss of companionship and consortium, and loss of guidance and support.
- Punitive Damages: In some cases, punitive damages may be available to punish the responsible party for egregious actions and to deter others from engaging in similarly intolerable behavior.
The specific damages you might recover will vary depending on the circumstances of the case and the laws of the jurisdiction where the claim is filed.
How Can an Attorney Help?
Filing a wrongful death claim can be a complicated and challenging process, especially when you are already dealing with the loss of a loved one. It requires a thorough understanding of the laws in your state and the ability to navigate the legal system. An experienced wrongful death attorney can provide valuable assistance in the following ways:
- Investigation: An attorney will thoroughly investigate to gather evidence and determine liability. This may involve reviewing police reports, interviewing witnesses, and consulting accident reconstruction experts.
- Legal Guidance: An attorney will guide you through the legal process, ensuring you meet all the necessary deadlines and requirements. They will also explain your rights and options and advise on the best course of action.
- Negotiation: An attorney will negotiate with insurance companies and the responsible party's legal representation to seek a fair settlement. They will advocate for your best interests and fight for the compensation you deserve.
- Litigation: If your attorney cannot reach a fair settlement directly with insurance adjusters, an attorney will prepare your case for trial and represent you in court. They will present evidence, cross-examine witnesses, and argue your case to the judge and jury.
- Emotional Support: Perhaps one of the most important and overlooked factors, an attorney will provide emotional support during this difficult time. They understand the pain and grief you are experiencing and can offer empathy and compassion. Understanding the legal timelines and process can help to reduce stress during this challenging time.
Working with the right attorney can ease the burden of the legal process, protect your interests, and give you peace of mind all at once. They will fight for the compensation you deserve while you focus on healing and rebuilding your life.
Contact a Wrongful Death Attorney Near You
If you have lost a loved one and believe that another person's negligence or wrongdoing is to blame for their death, it is essential to reach out to an experienced attorney who understands wrongful death cases. They will provide the guidance and support you need to file a claim and seek justice for your loved one. Contact an experienced Huntsville personal injury attorney to schedule a free consultation and discuss your options.
Garrett Dennis
Attorney
For nearly a decade I have been representing the people of North Alabama who have been victims to accidents. I have seen firsthand the impact a wreck can have on a victim and their families.
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