Car Accidents Wrongful Death Claim Suit Explained

The passing of a loved one is always a tragedy, especially when it happens suddenly. Car accidents can result in fatalities, but when does an unfortunate death during such an incident become a wrongful death claim?

Wrongful Death Lawsuits

The family of a person who passes away during an accident may feel the other party did something negligent to result in the accident. If they believe the other party’s negligence killed their loved one, they may choose to bring a lawsuit seeking compensation for that death.

When there is an accident, it is very rare to see a person charged criminally. That is because accidents are just that – accidents. Unless the person was driving drunk or deliberately caused the crash, they are not facing criminal prosecution. But they may be civilly liable.

Filing a Wrongful Death Claim

After the death of a loved one, you are well within your rights to file a lawsuit. You may talk to an attorney who specializes in these cases to gauge their feelings about your case. The lawyer can discuss the specifics of your circumstances and inform you whether there is a valid case.

Ensure you are shopping for attorneys in your area. Speak to three or four highly rated lawyers before you decide on the person who will represent your interests. Waiting a few days before hiring a lawyer is a good idea, as that gives you time to consider the options and pick the very best attorney for the case.

Proving Negligence

When you are filing a wrongful death claim, your side will have to prove the other party was negligent. Some examples of driver negligence include texting while driving, not having a valid license, being drunk behind the wheel, running a red light or speeding.

If you can prove one or more of these negligent incidents took place in the immediate lead up to the crash, you have a very good chance of receiving compensation. 

Show Proof from the Accident

Achieving success with filing a wrongful death suit is challenging, as the other side will do everything to disprove your claims. Having photos and videos that support your claim will help immensely, as you can demonstrate specifics about the accident and how the other party’s actions led to the death of your loved one.

Provide all the documentation, photographs and videos related to the case to your attorney. Ensure you are being entirely up front with them, both about those documents and any details related to the case. If you lie to your lawyer, you are limiting the chances of succeeding at mediation or trial.

Remain Patient as the Process Unfolds

Wrongful death lawsuits are very difficult to resolve and can take many weeks or months before there is an outcome. Continue to talk with your lawyer to get updates on the case, but do not panic or become impatient.

If you want the process to go faster, you may have to lower the amount of money you are willing to accept from the other side. Limiting your demands makes it easier to compromise, but could reduce the compensation you receive.