The National Highway Traffic Safety Administration (NHTSA) estimates that approximately 40,990 individuals lost their lives in motor vehicle crashes in 2023. As of the fourth quarter of 2023, deaths due to traffic accidents have decreased for seven quarters in a row, but the fact remains that many accidents still happen and claim the lives of drivers and passengers.
Losing a loved one in a car accident is an unimaginable tragedy, and it can be even more devastating when the accident is caused by someone else’s negligence.
Apart from the emotional toll, families often face financial hardships due to medical bills, funeral expenses, and lost income. In such cases, family members of the deceased may be able to seek justice and compensation through a wrongful death claim. Wrongful death lawyer Lyndon R. Helton says consulting with a lawyer can provide guidance and support during this difficult time.
Here’s what you need to know about filing a wrongful death claim after a car accident:
Eligibility Criteria for Filing a Claim
To file a wrongful death claim after a car accident, you must meet specific eligibility criteria determined by the law.
To be eligible, you need to be a close family member or someone designated as a beneficiary of the person who has passed away. This usually involves loved ones such as spouses, children, parents, or anyone who can show they relied financially on the person who has passed away.
The death of your loved one must have been caused by the negligence or intentional harm of another party, such as a reckless driver.
You must also make sure to file your claim within the time frame specified by your state’s statute of limitations. This timeframe varies depending on where you’re located, so you must act quickly. To check the statute of limitations in California, you can check this page: https://www.hwllplaw.com/beverly-hills-car-accident-lawyer
Understanding the Statute of Limitations
The statute of limitations sets a deadline for when a lawsuit can be filed after a wrongful death occurs. Typically, the statute of limitations for wrongful death claims resulting from a car accident ranges from one to three years.
If you miss the deadline to file, you could lose the chance to pursue legal action and seek compensation for the loss of your loved one. It’s advisable to reach out to a legal professional right after a wrongful death to get a clear understanding of the specific statute of limitations that pertains to your situation.
By acting as soon as promptly and adhering to the set timeframe, you can protect your rights and work towards obtaining the justice and compensation you deserve.
Types of Compensation Available
When a wrongful death occurs due to a car accident, the compensation usually covers economic damages like medical bills, funeral expenses, and the loss of financial support. These costs are intended to help ease the financial strain faced by the family of the person who passed away because of the accident.
Non-economic damages may also be awarded in a wrongful death claim. These can include the pain and suffering, the loss of companionship, and the emotional distress felt by the family members left behind. While this is challenging to quantify, these damages acknowledge the emotional toll of losing a loved one in such a tragic manner.
Punitive damages could come into play in situations where the actions of the responsible party were especially harmful or careless. The purpose of this is to hold the wrongdoer accountable and to discourage similar actions.
Importance of Legal Representation
An experienced attorney specializing in wrongful death cases can provide invaluable support during this difficult time. Your attorney knows the law, can collect evidence, negotiate with insurance companies, and stand by your side in court if needed.
Legal representation guarantees that your best interests are protected and increases your chances of a successful outcome. Your attorney will handle the paperwork and communicate with all involved parties, and work towards securing the compensation you deserve for the loss of your loved one.
Legal professionals can offer guidance on the statute of limitations, potential damages available, and the overall process of filing a wrongful death claim.
Read also Decorating Your First Home? Keep These 5 Tips in Mind
Steps to Take in the Claims Process
A systematic approach is necessary when handling the claims process for a wrongful death claim after a car accident. The first step is to gather all relevant documentation, including the accident report, medical records, and insurance information. Notify the at-fault driver’s insurance company about the wrongful death claim. It is important to be careful when talking to insurance adjusters and to avoid admitting any fault.
It is important to find legal representation early to help you deal with the process and safeguard your rights.
Once you have informed the insurance company, your attorney can assist you in evaluating the damages and figuring out the right compensation for the wrongful death. He or she will help you put together a demand letter that details the damages you have experienced, including medical expenses, funeral costs, lost income, and the emotional pain you have endured.
Negotiations with the insurance company will follow, and if a fair settlement can’t be reached, your attorney may recommend filing a lawsuit.
Throughout the claims process, stay organized, keep detailed records of all communications and expenses related to the claim, and follow your attorney’s advice to increase the chances of a successful outcome.
Conclusion
Losing a loved one in a car accident is a heartbreaking and overwhelming experience. However, filing a wrongful death claim can help ease some of the financial and emotional burdens faced by the family.
