Filing a wrongful death claim after a car accident can involve many complexities, such as proving negligence, establishing all liable parties, navigating insurance tactics, and establishing damages relating to the victim’s loss of income and consortium. Trying to manage that while grieving the loss of a loved one is overwhelming and doesn't have to be your responsibility.
Trust an experienced Winder wrongful death attorney to handle the claims process so you can take the time you need to process grief and handle other arrangements. Schedule a free case evaluation.
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Statute of Limitations Filing a Wrongful Death Claim After a Car Accident
The statute of limitations for filing a wrongful death claim after a car accident depends on state jurisdiction. Most states impose two to three-year statutes. However, they range from one to six years. Your lawyer will clarify local regulations and ensure proper paperwork filing within state statutes and other deadlines associated with the claims process.
Who Can File a Wrongful Death Claim After a Car Accident?
State jurisdiction also influences who can file a wrongful death claim after a car accident. However, the general order of benefits in a wrongful death claim after a car accident is as follows:
- Primary Beneficiaries: The primary beneficiaries are the closest members of the victim’s family, including a surviving spouse, children, or parents. They generally take precedence over other potential claimants.
- Secondary Beneficiaries: Secondary beneficiaries may be eligible if no primary beneficiaries file a wrongful death claim. They include relatives by blood or marriage dependent on the victim, such as stepchildren, siblings, grandparents, uncles, aunts, and cousins.
- Tertiary Beneficiaries: A tertiary beneficiary is the third beneficiary in line after the primary and secondary beneficiaries to receive wrongful death benefits. They can include family, friends, and entities, such as trusts and charities.
Some states will allow for multiple beneficiaries to file a wrongful death claim after a car accident, provided it's a single claim. Others allow multiple beneficiaries to file, provided they are individual claims represented by differing law firms.
Many states only allow the personal representative of the victim to file a wrongful death lawsuit. The personal representative is the administrator or executor of the estate, named in the deceased person's will or appointed by the courts in the event there isn't one. Some states honor domestic partners or co-habituating partners as secondary beneficiaries. Your car accident attorney can clarify local allowances.
Compensation You Can Recover After Wrongful Death
Surviving victims of wrongful death can secure compensation for expenses their loved one incurred resulting from their accident and losses they've suffered because of their loved one's passing. Compensation for wrongful death is generally known as compensatory damages and encompasses economic and non-economic losses.
Special Damages
Special damages are the economic losses the victim and surviving family experience following an accident resulting in wrongful death. Special damages commonly include:
- Final arrangement expenses—funeral or memorial services, burial or cremation
- Final healthcare costs of the victim from the date of the accident to their death
- Lost income or the future earnings the victim would have earned had they lived—income, salary, overtime, commissions, and bonuses
- Loss of benefits—healthcare, retirement, and pension
- Costs of repairing or replacing damaged or destroyed property, like vehicles
- Domestic services costs—cleaning, cooking, childcare, pet care, and household management
- The lost prospect of inheritance
Prove special damages of the victim and subsequent economic losses for surviving family members with paperwork documenting their costs. You can prove economic damages with pay stubs, lost income statements, bank statements, invoices, and receipts.
General Damages
General damages in wrongful death are the non-economic damages endured by the victim before their passing and the pain and suffering of the claimant(s). Standard general damages in wrongful death claims are as follows:
- Loss of enjoyment of life of the victim from the date of the accident until the date of their death
- Pain and suffering of the the victim before their passing
- Grief and mental suffering of the claimant(s) due to the loss of their loved one
- Loss of counsel
- Loss of parental guidance
Finally, loss of consortium is a wrongful death damage that encompasses the loss of love, companionship, affection, assistance or service, and physical intimacy that a surviving spouse can recover. Detailed medical records, witness statements, expert witness testimony, and pain journals prove general damages.
How a Car Accident Lawyer Will Help With Your Wrongful Death Claim
A car accident attorney experienced with wrongful death claims can provide peace of mind with your legal recourse while you and your family focus on navigating grief and other challenges. They will thoroughly investigate your claim by establishing liability, calculating damages, negotiating settlement terms, and representing you in court.
Establish Liability
Part of your car accident attorney's investigation is exploring all possible liable parties to maximize compensation. This practice can involve filing claims with your personal insurance and at-fault driver's insurance companies. Depending on the nature of your car accident, other liable parties may include property owners, government entities, and auto companies like rideshares.
Calculate Damages
A comprehensive valuation of damages is an invaluable service car accident attorneys provide. It involves tallying economic losses and valuing non-economic damages. Most car accident lawyers use the multiplier method to value your non-economic damages.
It involves multiplying your economic losses by a multiplier between 1.5 and 5. The severity of your injuries, length of treatment, insurance policy limits, and extent of your pain and suffering determine the multiplier number factored.
Negotiate Settlement Terms
Your car accident lawyer will send the demand letter to liable insurance companies, which typically initiates negotiations. Most insurers won't issue a check for the amount drafted in the letter, and negotiations can involve many exchanges before the terms are agreed on. Any offers put on the table will be discussed, and your attorney will advise you on accepting or rejecting them.
Represent You in Court
If your claim cannot be settled outside court, your lawyer may file a wrongful death lawsuit. In that case, they will represent your legal interests in court. A judge and jury will listen as they provide compelling evidence and expert witness testimony and cross-examine any witnesses for the defense. A jury will decide whether to award compensation. Most wrongful death claims do not require litigation and are settled between attorneys and insurers.
Contact a Wrongful Death Attorney
Filing a wrongful death claim after a car accident is a complex process that requires extensive knowledge of legal and insurance claims processes. Schedule a free case evaluation to discuss the merits of your wrongful death claim and let a legal professional navigate it on your behalf.