Every year, car accidents claim the lives of over a million individuals worldwide. Some fatalities occur instantly, while others survive long enough to receive medical attention but eventually succumb to their injuries. The loved ones they leave behind often have to deal with the pain and struggle of losing a parent, child or sibling.
If your loved one has died in a vehicular accident that someone else caused, you may be entitled to compensation for a wrongful death claim against the at-fault party.
What is Wrongful Death?
Wrongful death is a civil lawsuit for monetary damages. As a civil claim, it means that the person is not facing criminal penalties. Rather, when a court determines fault, it often results in an order for monetary compensation. There are certain situations however when an individual faces a civil lawsuit and criminal prosecution for wrongful death but this is quite uncommon. A lawsuit helps you to compensate with the victims family even if the fault was your.
To succeed in a wrongful death claim, the plaintiff typically needs to demonstrate three key elements:
- The existence of a duty of care, such as the obligation for all drivers not to drive when intoxicated.
- The defendant breached this duty (example: driving with a blood alcohol concentration exceeding the legal limit).
- The breach of duty directly caused the death of another person.
Wrongful Death Claims for Car Accident Victims
Depending on your state’s civil court system, you may take legal action by filing a personal injury lawsuit that also includes wrongful death as a claim, legally referred to as “cause of action.” Or you could file a regular civil lawsuit, citing the wrongful death statute in your state as the legal foundation for your case.
Whatever route you take, you need to be ready to present sufficient evidence required to establish a wrongful death claim including:
- Photos/videos of the victim, the vehicles involved and the accident scene
- Video surveillance/traffic cameras
- Medical records of the deceased
- Police reports and autopsy
- Death certificate
- Witness statements
- And others
Who Can File a Wrongful Death Claim?
Each state has its own regulations as to who can initiate a wrongful death lawsuit. Usually only immediate family members can bring such a claim such as the parents, spouses or their children. But if the deceased individual was a single adult, a grandparent, sibling or a relative may sometimes be permitted to file the claim.
Damages in Wrongful Death Cases
Compensation in a wrongful death claim may cover various expenses and losses, including:
- Medical costs from the accident until the time of death.
- Lost wages and potential future earnings the deceased would have provided for their family.
- Emotional distress and suffering of the victim’s loved ones.
- Funeral and burial expenses.
- Loss of companionship.
- Additional damages.
Damages for a wrongful death claim can be difficult to calculate and each state has its own method or formula for this.