Experiencing the death of a loved one in a car accident is a devastating and life-altering event. If your family has lost a loved one in a car accident, they are going through an excruciatingly difficult time on many levels. Besides the vast void that losing a loved one leaves, there are also financial challenges when your family member is no longer here to provide. Even though you have to deal with many things simultaneously, you must include the legal process on that list. If you can prove that your loved one died because of someone else’s negligence, your family may have the legal right to wrongful death compensation. However, any settlement check only comes after a complicated legal process. Understanding what happens in these situations can help provide some clarity during such a difficult time.
You should never try to handle your own legal matters after losing a loved one in an accident. Instead, it is best to trust a wrongful death attorney with your case because they can provide you with vigorous legal representation to get you the most money for your loss. A wrongful death lawyer knows how to overcome the roadblocks the insurance company puts in your way. They can handle legal matters, gather evidence, negotiate with insurance companies, and fight for your rights in court if necessary.
Although finding a wrongful death lawyer is not something you may want to do at an overwhelming time, it is preferable to dealing with the insurance company. Your wrongful death attorney can protect you from the pressure the insurance company may try to put on you, and they can also deal with the uncomfortable and upsetting details. For example, you may not want to learn too much more about the circumstances of the accident that took the life of your loved one. It is best that you call a wrongful death attorney now, as it is one less thing that you have to worry about as you deal with the sudden and tragic loss of a family member.
What Is a Wrongful Death Case?
When a loved one has died in a car accident, your family becomes the plaintiff and the party who has lost something. Specifically, you have lost a family member and the various benefits that they gave to the family. They may have been a financial provider and a source of other types of support. A wrongful death case seeks to recover your family’s damages from the loss of these types of support and what your family has gone through because of the fatal car accident.
A wrongful death claim is your family’s personal injury claim. It will proceed like any other type of personal injury lawsuit, except the exact measure of damages may be different.
How Does My Family Obtain Compensation for a Wrongful Death?
Like any personal injury action, a family can seek financial compensation through the insurance company or the courts. Your wrongful death lawyer may tell you that it makes sense to try to file a claim or negotiate a settlement with the insurance company through an informal process.
Alternatively, depending on the value of your case and the insurance company you are dealing with, your wrongful death lawyer may tell you that it is better to begin by filing a lawsuit against the responsible driver in court.
Whether you file a claim or lawsuit, you must meet the same legal standard to qualify for money in a wrongful death case. You have to demonstrate the “wrongful” element of a wrongful death claim. Here, you must prove that the other driver was negligent, causing the death of your loved one and losses to your family.
In a motor vehicle accident case, negligence means the following:
- The other driver owed your loved one the duty of care (which they assumed simply by being in their proximity on the road).
- The driver failed to uphold the duty of care because they did something that a driver exercising an ordinary level of care would not have done, such as making an illegal turn or running a stop sign or red light.
- Your loved family member suffered an injury.
- Your family member would not have suffered an injury had it not been for the other driver’s actions.
Your family must carry the burden of proof by a preponderance of the evidence, meaning that there is greater than a 50 percent chance that the facts you allege are true.
How Much a Wrongful Death Case May Be Worth
It is impossible to tell you how much your wrongful death case is worth without knowing more about your loved one who died and what they meant to your family. A wrongful death case is a subjective exercise in valuing the exact life of a family member through the eyes of the family.
Depending on what the deceased person did, your wrongful death case may be worth a considerable amount of money.
Wrongful death compensation may include:
- The income that your loved one could have earned over the rest of their career
- The grief and trauma that your family was subjected to when they tragically lost a loved one in an accident
- The loss of love, guidance, and support that the deceased person provided to the family
- The physical relationship that the deceased person had with their spouse
A wrongful death attorney will review your family’s situation before they advise you on the potential value of your case, and this must be a careful calculation. The wrongful death money may have to sustain your family for a considerable amount of time. Then, your lawyer will lead the fight on your behalf for you to get total compensation for the loss of your loved one.
Who Files the Wrongful Death Lawsuit for a Family?
The laws of your state will determine who can file the wrongful death lawsuit and who can share the proceeds of the case should you receive them. In some states, the personal representative for the estate is responsible for filing this case. They should work with other family members to present the most compelling case possible. Since there is usually only a single wrongful death lawsuit, the family needs to put their strongest foot forward legally. In some other states, it may be the spouse or children who file the wrongful death case.
How Do Families Divide the Wrongful Death Proceeds?
Again, each state will have different laws that determine precisely how to split wrongful death proceeds among family members. There are a variety of potential outcomes. In some cases, the state may require the family to divide the money depending on each individual’s level of reliance on the deceased person. In other states, a set formula exists for splitting the money between the surviving spouse and the children. If the person who died had neither a spouse nor children, other family members, such as the parents, may receive the proceeds of the case.
The family may need to reach an agreement about how to divide the proceeds of the wrongful death lawsuit. If a family cannot agree on matters, they may need to involve the court. For a family already grieving and dealing with a difficult situation, that is the last thing you want. Accordingly, it is helpful that a family is on the same page regarding the wrongful death lawsuit. When you hire a wrongful death attorney, there is a greater chance that the family may work together.
Wrongful Death Lawsuits Can Be Painful But Necessary
Wrongful death lawsuits will be a painful exercise for your family, but they are an absolute must if you want to receive compensation for the harm that you have suffered when a loved one dies. Since the goal of a wrongful death claim is to measure precisely how much your loved one was worth to you, the family may need to answer difficult questions during the legal process. Any claim that you may make about the value of your family member’s life is subject to challenge by the defendant or insurance company.
Thus, you must back up any claim you make for damages. At a minimum, you need additional documentation of anything you say in a claim. If your wrongful death claim reaches litigation, you can expect to have the defendant’s attorney question you in a deposition. If it was your spouse who died, you can even expect to answer uncomfortable questions about your intimate relationship with your spouse because it is an issue in your compensation. Having to answer these questions in detail is an unfortunate yet necessary aspect of wrongful death legal actions. Your wrongful death attorney can prepare you for any depositions, and they will be there to defend you.
Survival Actions for Personal Injury Damages
In addition to a wrongful death lawsuit, your family can file a survival action if your loved one did not die instantly in the car accident. Your family member may have suffered injuries between the time of the accident and death. The responsible party does not get to escape legal responsibility for these injuries just because your loved one is no longer here to file the claim themselves.
A survival action becomes the right of the deceased person’s estate. The case gets filed alongside the wrongful death claim or lawsuit because they involve the same facts. In other words, you will not have a separate trial for the survival claim.
The personal representative of the estate is responsible for filing a survival claim. Survival action damages can include:
- Medical expenses necessary to treat the deceased person
- The earnings that your family member did not earn between the time of their injury and death
- Any pain and suffering that your loved one endured because of their injuries before they died
- Emotional distress from the accident itself and the aftermath at the scene
How a Wrongful Death Lawyer Can Help Your Family
Simply stated, your family is in no position to deal with a wrongful death claim on your own during this difficult time. Your focus is more on the logistics and emotional trauma of the situation. After all, you are dealing with your grief and trying to come to terms with life without your family member. The last thing you want is to deal with the insurance company while fighting for your compensation. Even if you attempt to handle your own case, you will almost certainly get a poor result, either in getting no money or far less than the amount you deserve.
A wrongful death attorney can provide value to your family from the moment that you hire them for your case. At the very outset, your wrongful death lawyer will ensure you understand the legal process and answer all questions. Then, they can help you in the following ways:
- Compile and build your case by gathering the evidence that you need to prove negligence
- Study your family’s situation and the role that the deceased person played to estimate the value of your damages
- Draft a wrongful death claim or lawsuit to file on behalf of your family
- Represent you throughout the litigation process as your case makes its way through the court system
- Negotiate a wrongful death settlement on behalf of your family
A wrongful death attorney can be most effective when you hire them early for your case. You need to retain legal representation sooner rather than later because evidence can disappear, or an insurance company can succeed in pushing you and your family around to the point where you may no longer have a valid claim.
Hire A Seasoned Wrongful Death Attorney Today
Losing a loved one in a car accident is a tragic event that can leave families feeling helpless and uncertain about their options. However, understanding the legal process and having an attorney by your side can provide comfort and help you seek justice for your loved one. If you find yourself in this unfortunate situation, do not hesitate to contact a Mississippi personal injury lawyer who can guide you through this difficult time.
