Losing a loved one is a tragic experience, and the pain worsens when their death occurs due to someone else’s negligence. You may endure loneliness, loss of financial support, and emotional anguish after the death of a loved one.
You may also incur burial and funeral expenses after the death of a loved one. You, therefore, deserve compensation for the wrongful death of a loved one in a car accident. Even so, you may encounter resistance from the defense attorney of the at-fault party.
You can rely on the guidance of a legal professional to protect your rights as an injured victim. A wrongful death lawyer can explain your legal rights and initiate a personal injury claim or lawsuit against the at-fault party.
Before you initiate a wrongful death lawsuit, you must know who can initiate a claim. In each state, only specific people can initiate a wrongful death claim.
Here are specific people who can initiate a wrongful death claim:
As the spouse of the deceased, you have the legal right to file a wrongful death claim. A wrongful death lawyer can explain the steps involved in initiating the claim and ensure that you receive the compensation you deserve for the loss of your partner.
From emotional distress to financial burdens, a skilled wrongful death attorney can pursue a claim that reflects the impact of your loss.
Children of the deceased are also entitled to seek compensation through a wrongful death claim. Whether the children are minors or adults, they can pursue legal action against the responsible party.
An experienced wrongful death lawyer can guide children through the process, gathering evidence and working hard to protect their interests during the difficult period.
In some states, the parents of the deceased can file a wrongful death claim to seek damages for the loss of their child. While nothing can bring back a child, holding the negligent party accountable can give the parents closure and financial support.
A wrongful death attorney can investigate the cause of the crash, compile evidence, and pursue a claim that honors the memory of their child.
If the deceased did not have a spouse, children, or parents, the estate’s representative can bring forth a wrongful death claim on behalf of the deceased’s estate. A personal representative oversees the distribution of assets, including compensation to the estate’s beneficiaries.
A wrongful death lawyer can assist the personal representative in handling the legal aspects of the claim and advocating for the best interests of the surviving family members.
Financial dependents or domestic partners who relied on the deceased for economic support can also initiate a wrongful death claim. Whether you financially depend on the deceased or shared a domestic partnership, you require legal support to initiate a legal claim for the loss of financial contributions and emotional support.
An experienced wrongful death attorney can help understand your legal rights and fight for your deserved compensation.
There is no average value for a wrongful death lawsuit as a result of a car accident. The outcome of the case depends on the circumstances and facts of the case.
Here are the factors that determine the settlement value of a wrongful death claim:
When a loved one suffers a severe injury that requires prolonged treatment before their unfortunate passing, the impact extends beyond just the physical pain. It can also result in significant financial and emotional burdens for the family left behind.
A severe injury that results in extensive medical care, ongoing treatments, and ultimately, the death of your loved one can increase the compensation amount.
A wrongful death attorney can use medical records, including hospitalization charges, emergency room charges, and physicians’ bills, to prove the hefty medical expenses incurred by your loved one before their death.
They can also make compelling arguments before a judge or jury to enhance your chances of a positive outcome.
The availability and strength of evidence can influence the value of a wrongful death claim.
Here are some key types of evidence and how they can influence the value of a wrongful death claim:
A wrongful death lawyer can use different types of evidence to enhance their position during negotiations or prove the lawsuit.
The victim’s age can impact potential earnings and life expectancy, which are factors determining compensation for loss of income and support for the surviving family members. Younger victims with longer life expectancies generally result in higher compensation amounts to account for the future financial contributions they would have made.
Similarly, the victim’s occupation can also affect the claim’s value. Higher-paying occupations can lead to larger financial losses for the family members left behind.
The role of the victim in the family has an emotional and financial impact on the family. For example, if the victim was the primary breadwinner or provided unique care and support, you pursue a higher settlement value.
A wrongful death attorney understands the potential impact of age and occupation on the claim’s value and will fight for a maximum settlement for your losses.
You can enhance the value of your claim by working with a skilled wrongful death lawyer.
Here’s how they can work to maximize the value of your claim:
When you hire a wrongful death lawyer, you can rest assured that someone is working hard to protect your legal rights.
Insurance companies often have limits on the amount they are willing to pay out for a wrongful death claim. If the policy limit is inadequate to cover all damages, you may need to explore other avenues for compensation.
An experienced attorney can help understand your options and work towards securing the maximum compensation available under the policy limits. They can negotiate with insurance companies to ensure you receive fair and just compensation for your loss.
Alternatively, a wrongful death attorney can initiate a lawsuit to obtain a court order that compels the at-fault party to pay you for injury-related losses.
The decision to settle or go to trial can impact the value of a wrongful death claim. While settling may seem quicker and more straightforward, the potential value of your case going to trial is unlimited.
First, the threat of a trial can incentivize the opposing party to offer a more favorable settlement to avoid litigation’s uncertainty and potential costs. Further, a trial allows for a more thorough presentation of evidence and arguments, strengthening your case and providing a clearer picture of the full extent of your injuries and damages.
A wrongful death lawyer can help decide whether to settle or proceed to trial. If the case goes to trial, they can present strong evidence and persuasively advocate for a fair settlement before a judge or jury.
When a tragic accident results in a wrongful death, various parties may be held responsible for compensating the surviving family members. Understanding who may be liable to pay in a wrongful death suit allows you to pursue compensation after the loss of a loved one.
Here are the parties that may have to pay after a wrongful death claim:
Several factors can influence the timeline and outcome of the process of a wrongful death claim. These factors can often prolong the settlement process, causing additional stress and uncertainty for grieving families.
Here are some key elements that can impact how long it takes to settle a wrongful death claim:
If there is a disagreement regarding who is at fault for the death of your loved one, it can lead to a lengthy legal battle. Insurance companies may try to shift blame or downplay their policyholders’ responsibility, which can complicate negotiations and drag out the settlement process.
Insurance providers are often responsible for covering the damages in a wrongful death claim. Unfortunately, they are notorious for delaying the settlement process. They may use tactics to stall negotiations, such as requesting extensive documentation or conducting lengthy investigations.
The legal process also contributes to delays in settling a wrongful death claim. Court backlogs can result in extended wait times for hearings, trials, and final judgments. If you approach the process without a wrongful death attorney, you may encounter further delays and potential roadblocks in achieving justice for your loved one.
The willingness of parties to reach an agreement can also determine how long it takes to settle a wrongful death claim. If all parties are open to negotiation and compromise, the settlement process can proceed more smoothly.
However, if there is resistance or reluctance to settle, it can prolong the process and even lead to a trial, further delaying the resolution of the claim.
In addition to the financial and emotional pain of losing a loved one, you must face the legal step of pursuing compensation for your losses. Further, the at-fault party’s insurer may make a low settlement offer that barely covers your losses.
A wrongful death lawyer can handle the legal aspects on your behalf, allowing you to mourn the loss of your loved one. They can negotiate with the insurer or represent you in court for a maximum settlement value.
Get in touch with a wrongful death attorney for legal support.
Marcus & Mack
