Insights Into How Our Legal System Works

Understanding The Basics Of A Wrongful Death Lawsuit After A Loved One Is Killed In A Car Accident

10 January 2018 by Yolanda Lane

Losing a loved one in a car accident is incredibly difficult to deal with, especially when the negligence of another driver caused the accident. Recovering from the emotional trauma can be even harder if you were in the vehicle when the crash happened. While no amount of monetary compensation can make up for the death of a loved one, in most cases you can file a wrongful death lawsuit if your loved one dies in a car accident that was caused by someone else. Continue reading to learn more about filing a wrongful death lawsuit after a car accident:

Determine If You're Able to File a Lawsuit

In most states, only specific relatives are able to file a wrongful death lawsuit when a person dies in a car accident. In the majority of cases, the spouse and children are given priority. If the deceased was not legally married at the time of death, his or her children can file the wrongful death lawsuit. In the event that the children are minors, a legal guardian can file the lawsuit on their behalf.

If the deceased was not married and did not have any children, most states will allow the parents of the deceased to file a wrongful death lawsuit. When a person dies without having any living parents, children, or a spouse, the estate of the deceased may file a lawsuit and the monetary settlement will be divided according to the terms of the will or trust of the deceased.

Hire an Attorney

A wrongful death lawsuit can be quite complicated, so it is not something you should try to do on your own. In this type of situation, it is always in your best interest to speak with an experienced attorney at offices like Hoffman Richard D Law Offices of. Don't worry about how you will pay for an attorney-- most attorneys who work with these types of cases work on contingency, so you do not have to pay any money out of pocket for their services.

Understand How Settlements Are Determined

A number of factors are considered when it comes to determining the size of a settlement in a wrongful death case. Life expectancy, projected earnings over a lifetime, and the amount of pain or suffering the deceased experienced are all taken into account. Loss of companionship and loss of parental guidance may also be taken into consideration. In addition, your attorney can help ensure that the settlement includes funds to cover the cost of medical bills and the funeral for the deceased. 

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