Losing a family member in a car accident is a life-altering tragedy that leaves an emotional void, as well as a financial one. Families may grapple with grief and a desire for justice when that loss occurs because of someone else’s negligence.
According to national traffic statistics, over 42,000 people were killed in motor vehicle accidents in 2022, leaving surviving family members dealing with these devastating consequences [1]. Fortunately, the law provides a path for loved ones to seek compensation through a wrongful death claim.
Wrongful death claims are designed to compensate for financial and emotional losses. If you’re considering filing a wrongful death suit, consulting an experienced wrongful death lawyer is critical. Rosenfeld Injury Lawyers can provide the legal support to navigate this complex process.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal remedy for families who have lost a loved one due to the negligent or intentional actions of another party. Wrongful death claims serve to provide financial compensation for families to help cover the costs that arise from their loss.
These can include medical expenses related to the accident, funeral and burial costs, loss of future earnings, and emotional suffering.
Wrongful death laws vary by state, so it’s essential to consult with a knowledgeable wrongful death attorney to understand the specific rules in your jurisdiction.
Who Can File a Wrongful Death Lawsuit?
Can a family member sue on the deceased person’s behalf? Wrongful death lawsuits provide a legal avenue for close relations to seek justice and compensation after losing a loved one due to another’s negligence. However, not everyone can file such a claim. The eligibility to sue varies by state but typically includes the following:
Family Members Eligible to Sue
In a personal injury case, the immediate family members of the deceased are eligible to file a wrongful death lawsuit. These family members typically include the deceased’s spouses, children, and parents.
With the laws governing eligibility to file a wrongful death lawsuit varying from state to state, it’s essential to have professional support. Rosenfeld Injury Lawyers can provide this, confirming your legal standing and ensuring you have the proper authority to file a lawsuit.
Can Extended Family Members File?
While immediate family members are most commonly allowed to sue for wrongful death, there are cases where extended family members, such as siblings or grandparents, may be eligible. These persons may file if they were financially dependent on the deceased or if closer relatives are absent.
These cases can be complex. If you are an extended family member and believe you have a valid claim, seeking legal advice from a wrongful death attorney is essential to determine your eligibility.
What Needs to Be Proven in a Wrongful Death Case?
In a wrongful death settlement, several critical elements must be proven for the claim to succeed. These include:
- Duty of Care: The defendant must have owed a duty of care to the deceased, which is typically straightforward in car accident cases.
- Breach of Duty: You must show that the at-fault driver breached this duty of care by acting negligently, such as through reckless driving or violating traffic laws.
- Causation: It is essential to prove that the other driver’s actions directly caused the car accident and the resulting death of your family member.
- Damages: Finally, the wrongful death claim must demonstrate that the family suffered measurable losses due to the death, including financial and emotional impacts.
Proving negligence can be challenging, but working with an experienced attorney can make all the difference. Rosenfeld Injury Lawyers have the expertise to help families build strong cases by gathering evidence, consulting experts, and proving fault.
Types of Compensation Available in Wrongful Death Cases
Wrongful death settlements provide financial relief to families affected by a loved one’s untimely passing. The compensation available typically falls into two main categories:
Economic Damages
Economic damages are intended to cover the financial costs associated with the car accident death of a family member. These damages can include:
- Funeral and burial expenses
- Medical bills incurred before the death
- Loss of future income and financial support
- Loss of benefits, such as health insurance or pension plans
Experienced personal injury lawyers can help gather the necessary documentation to ensure the claim properly accounts for all eligible economic losses.
Non-Economic Damages
Non-economic damages compensate families for the emotional suffering and loss of companionship that result from a family member’s death. These damages can include:
- Loss of companionship and emotional support
- Pain and suffering endured by the family
- Loss of guidance or nurturing, mainly if the deceased was a parent
Unlike economic damages, non-economic damages are more subjective and challenging to quantify. Rosenfeld Injury Lawyers have expertise in negotiating compensatory damages, including emotional and psychological losses.
Statute of Limitations for Filing a Wrongful Death Claim
Every state has a statute of limitations for filing a wrongful death lawsuit. Failing to file within this time frame can result in losing your right to sue. Contact Rosenfeld Injury Lawyers to ensure your claim is filed on time.
Comparative Negligence
One common defense in wrongful death lawsuits is comparative negligence. The defendant may argue that the deceased was partially at fault for the accident, such as by failing to wear a seatbelt or by engaging in reckless driving.
In such cases, the compensation awarded to the family may be reduced proportionately to the deceased’s level of fault.
Assumption of Risk
Another possible defense is the assumption of risk, where the defendant argues that the deceased knowingly engaged in risky behavior that contributed to their death. A lawyer can help counter such defenses and protect your right to compensation.
Steps to Take After Losing a Loved One in a Car Accident
After losing a family member in a car accident, it is essential to act quickly to protect your legal rights. Some steps include gathering evidence, obtaining a police report, and contacting a lawyer. Rosenfeld Injury Lawyers offer a free consultation to begin this process.
How Long Does a Wrongful Death Case Take?
The timeline for resolving wrongful death cases can vary significantly based on their complexity, the parties’ willingness to settle, and whether they go to trial. Rosenfeld Injury Lawyers strive to settle wrongful death claims as efficiently as possible while ensuring that families receive fair compensation for their loved one’s death.
How Is Fault Determined in a Fatal Car Accident?
Determining fault in a fatal car crash involves carefully examining evidence, such as police reports, witness statements, and accident reconstruction, to prove negligence. Establishing fault is a critical component of any wrongful death claim.
Can You Sue for Punitive Damages in a Wrongful Death Case?
In some cases, families may also be eligible to pursue legal action for punitive damages. These damages are meant to punish the defendant for particularly egregious behavior, such as driving under the influence or engaging in street racing. However, punitive damages are not available in all wrongful death lawsuits.
Consulting with an attorney can help determine whether this compensatory damage applies to your case.
The Emotional Impact of Losing a Loved One in a Car Accident
The emotional toll of losing a family member in a car accident cannot be overstated. Families may experience profound grief, trauma, and long-term mental health challenges. Non-economic damages in a wrongful death claim can provide some relief by compensating for the emotional distress and loss of companionship caused by the accident.
Settlement vs. Trial in Wrongful Death Claims
Families pursuing a wrongful death suit face a choice between settling the case or going to trial. Settlements can provide quicker resolutions and reduce the stress of prolonged litigation. However, trials may result in a higher settlement, especially if punitive damages are sought.
Rosenfeld Injury Lawyers will guide families in making the best decision based on the specifics of their case.
Secure Expert Legal Representation!
If you’ve lost a family member in a car accident due to someone else’s negligent actions, you have legal options. Filing a wrongful death claim can help you seek justice and compensation for your losses.
Rosenfeld Injury Lawyers has extensive experience handling wrongful death claims arising from car accidents. Our compassionate and dedicated legal team provides personalized attention and has a long record of successful outcomes.
Call (888) 424-5757 today or fill out our contact form for a free consultation with a Chicago wrongful death attorney.
References: [1] NHTSA