Filing a Wrongful Death Lawsuit After a Fatal Car Accident

The aftermath of a fatal car accident is a devastating experience. According to the National Highway Traffic Safety Administration (NHTSA), thousands of people are killed in car crashes every year. When a loved one dies due to someone else’s negligence on the road, the surviving family members often grapple with immense grief and financial strain. In such heartbreaking circumstances, filing a wrongful death lawsuit can be a crucial step toward seeking justice and securing financial support for the future.

What is a Wrongful Death Claim?

In the simplest terms, a wrongful death claim is a civil lawsuit brought against a party whose negligence or misconduct caused someone’s death. It is a personal injury claim that the victim cannot bring themselves because they are deceased. Every state has its own wrongful death laws that define who can sue and what types of damages are recoverable.

In Louisiana, “a wrongful death claim is a lawsuit that eligible family members can file when someone’s death results from another party’s negligent or reckless behavior. The purpose of this claim is to compensate family members for their losses due to the deceased’s untimely death.”

Who Can File a Wrongful Death Lawsuit?

The right to file a wrongful death lawsuit is typically limited to specific individuals who had a close relationship with the deceased. These individuals can include:

Surviving spouse: The husband or wife of the deceased.
Children: Biological or adopted children of the deceased.
Parents: In some states, parents can file a claim, especially if the deceased was a minor or had no spouse or children.
Personal Representative/Executor of the Estate: In many states, the person responsible for managing the deceased’s assets and debts (the estate) is the one who files the lawsuit. They do so on behalf of the beneficiaries.

It’s important to note that the specific rules about who can file a wrongful death claim vary by state. For example, in Massachusetts, only the “executor” of the deceased’s estate can file a wrongful death claim. In Texas, only a surviving spouse, children, or parents of the deceased can file a wrongful death case.

What are the Grounds for a Wrongful Death Lawsuit After a Car Accident?

To successfully pursue a wrongful death lawsuit after a fatal car accident, you must demonstrate that the other driver’s negligence caused the crash and your loved one’s death. Negligence can take many forms, including:

Driving under the influence of alcohol or drugs: This is a clear example of reckless behavior that can lead to a wrongful death claim.
Distracted driving: Texting, talking on the phone, or engaging in other distracting activities while driving can have deadly consequences.
Speeding: Exceeding the speed limit or driving too fast for conditions is a common cause of car accidents.
Reckless driving: This includes aggressive driving behaviors such as tailgating, weaving in and out of traffic, and running red lights.
Failure to yield: Not yielding the right-of-way to other vehicles or pedestrians can lead to collisions.
Drowsy driving: Operating a vehicle while fatigued can impair judgment and reaction time, increasing the risk of accidents.

In addition to driver negligence, other factors can contribute to a fatal car accident and give rise to a wrongful death claim. These include:

Vehicle defects: A faulty car part, such as defective brakes or tires, can cause an accident. In such cases, the vehicle manufacturer may be liable.
Road defects: Poorly maintained roads, inadequate signage, or dangerous road design can also contribute to accidents. The government entity responsible for maintaining the road may be held liable.

What Types of Damages Can Be Recovered?

If you win your wrongful death case, you may be entitled to receive compensation for a variety of damages, including both economic and non-economic losses. These can include:

Medical expenses: Costs associated with the deceased’s medical treatment before their death.
Funeral and burial expenses: The costs of the funeral, burial, or cremation.
Lost income: The income that the deceased would have earned over their lifetime.
Loss of services: The value of the services that the deceased provided to the family, such as childcare, household chores, and home maintenance.
Loss of companionship: Compensation for the loss of the deceased’s love, support, and companionship.
Pain and suffering: In some states, you may be able to recover damages for the pain and suffering that the deceased experienced before their death.

The amount of compensation you can recover in a wrongful death case depends on many factors, including the deceased’s age, earning capacity, and the nature of your relationship with the deceased. It also depends on the state’s laws and the available insurance coverage.

In California, “the average wrongful death settlement for car accidents…is between $50,000 and $2,500,000+, although this range can vary significantly based on the circumstances of each case.” In Connecticut, wrongful death settlements typically range from $500,000 to $5.5 million. And in Georgia, average settlements are between $500,000 and $3.5 million.

What is the Process of Filing a Wrongful Death Lawsuit?

Filing a wrongful death lawsuit can be a complex and time-consuming process. It typically involves the following steps:

Consult with an attorney: The first step is to consult with an experienced wrongful death attorney who can evaluate your case and advise you on your legal options.
Investigate the accident: Your attorney will conduct a thorough investigation of the accident to gather evidence and determine who was at fault.
Identify the responsible parties: Your attorney will identify all parties who may be liable for the death, such as the other driver, the vehicle manufacturer, or the government entity responsible for maintaining the road.
File a complaint: Your attorney will file a formal complaint with the court, outlining the facts of the case and the damages you are seeking.
Discovery: Both sides will exchange information and evidence through a process called discovery. This may involve written questions, document requests, and depositions (sworn testimony).
Negotiation: Your attorney will attempt to negotiate a settlement with the responsible parties or their insurance companies.
Trial: If a settlement cannot be reached, your case will proceed to trial, where a judge or jury will decide the outcome.

What is the Statute of Limitations for Filing a Wrongful Death Lawsuit?

It is crucial to be aware of the statute of limitations, which is the time limit for filing a lawsuit. The statute of limitations for wrongful death cases varies by state. Missing the deadline can result in the forfeiture of the right to pursue any legal action.

In Michigan, “the statute of limitations for filing a wrongful death lawsuit is generally three years from the date of the individual’s death.” In California, “the statute of limitations for filing a wrongful death lawsuit is generally two years from the time of death.” And in Texas, surviving family members typically have two years to file a wrongful death claim.

There may be exceptions to the statute of limitations in certain situations, such as when the cause of death is not immediately apparent or when the case involves a minor. It is best to consult with an attorney as soon as possible to protect your rights.

Seeking Legal Assistance

Filing a wrongful death lawsuit after a fatal car accident can be an emotionally and legally challenging process. It is essential to seek the guidance of an experienced attorney who can help you navigate the legal system and protect your rights. A skilled attorney can:

Investigate the accident and gather evidence.
Identify all responsible parties.
Negotiate with insurance companies.
File a lawsuit and represent you in court.
Maximize your compensation.

Losing a loved one in a car accident is a tragedy. While no amount of money can ever replace your loss, a wrongful death lawsuit can help you secure financial support for the future and hold the responsible parties accountable for their actions. Contact a qualified attorney today to discuss your case and learn more about your legal options.