According to data from the National Highway Traffic Safety Administration, around 8,650 individuals lost their lives in traffic accidents during the first quarter of 2024. This marks a decrease of 3.2% compared to the estimated 8,935 fatalities in the same quarter in 2023.

Norco car accident attorney Marc Karlin says that the victim of a car accident can suffer multiple injuries, face expensive economic losses, and have many important legal questions regarding the recovery efforts. Compensation for personal injury claims can include medical bills, property damage, lost income, and pain and suffering.

Let’s learn more about how understanding these key factors can help you make informed legal decisions after your loved one’s past away due to a car accident. 

Understanding Wrongful Death Claims

To completely comprehend wrongful death claims, you must understand the legal principles governing these sensitive cases. Wrongful death claims arise when someone loses their life because of another person’s negligence or deliberate actions. These cases seek to provide compensation to the surviving family members for their loss. Various states have their own laws that specify who is eligible to file these claims and what types of damages can be pursued.

Wrongful death attorney Yasmin Burrell says that typically, the close family members of the person who has passed away, like spouses, children, or parents, have the right to file a wrongful death claim. These claims can address various damages, such as medical expenses, funeral costs, lost income, and the emotional pain felt by family members. There is a specific timeframe for filing wrongful death claims.

Determining Liability in Car Accidents

Common reasons for negligence in car accidents often involve distracted driving, driving while impaired by alcohol or drugs, reckless behavior on the road, speeding, disregarding traffic signals, or failing to maintain the vehicle properly. After establishing the plaintiff’s fault in a wrongful death case, the emphasis will shift to seeking compensation from the defendant. 

Figuring out who is responsible in a car accident is crucial for establishing liability in legal cases involving wrongful death claims. Collect information such as police reports, witness statements, and any video footage that might help clarify who was at fault in the accident. 

Gathering Evidence for Your Claim

As you work on your wrongful death claim following a car accident, it is important to gather essential evidence. Be sure to collect police reports, witness statements, and any video footage that can help strengthen your case. Police reports can provide important information about the accident, such as who was involved, where it happened, and what might have caused it. Witness statements can offer additional perspectives and help corroborate your account of the events leading to the fatal accident. Video footage of the accident or traffic cameras nearby can offer solid evidence to back up your claim. 

Alongside these main sources of evidence, medical records that outline the injuries from the accident and the treatment provided can help create a clear connection between the car accident and the subsequent wrongful death. Taking photos of the vehicles involved in any property damage can really help illustrate how serious the collision was. 

Working with Insurance Companies

Reach out to the insurance company of the driver responsible for the accident as soon as you can. It is important to let them know about what happened and to start the claims process. Share the essential details, including the policy number, accident specifics, and information about the deceased. Be prepared to answer any questions they may have regarding the accident and the wrongful death claim.

Be cautious during your interactions with the insurance company. Avoid admitting fault or accepting any settlement offers without consulting a legal professional. It is important to know your rights and the compensation you deserve for a wrongful death, as insurance companies might attempt to downplay their responsibility.

Make sure to keep thorough records of every interaction with the insurance company, such as emails, letters, and phone calls. Keeping a record of these interactions can help you monitor the progress of your claim and serve as proof if any disagreements arise.  

Legal Process and Next Steps

Talk to an experienced wrongful death attorney who can take a close look at your situation, collect important evidence, and guide you on the best steps to take next. He will handle communication with the insurance company and other parties involved, ensuring your rights are protected throughout the legal process. 

After selecting an attorney to represent you, they will help you file the wrongful death lawsuit in court if a settlement is not possible through negotiation. The legal process can include discovery, where both sides share information, and might also involve mediation or a trial. 

Conclusion

Filing a wrongful death claim after a car accident is a complex and emotionally challenging process. However, understanding the key elements of these claims can help you deal with this difficult time with more clarity and confidence. By familiarizing yourself with the legal principles, determining liability, gathering essential evidence, and working closely with a knowledgeable attorney, you can build a strong case to seek the justice and compensation your loved one deserves.

The post What You Need to Know for Filing a Wrongful Death Claim After a Car Accident appeared first on My Car Heaven.