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My Son or Daughter Was Killed in a Car Accident: What Can I Do?

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Legal options for parents of fatal car accident victims

Losing a child in a car accident is an unimaginable tragedy. Parents who have to say “My son was killed in a car accident” or “My daughter was killed in a car accident” experience an overwhelming range of emotions. Thinking about taking legal action may be the last thing on their minds. However, it is important to understand that when a son or daughter dies due to someone else's negligence, or wrongful actions, the surviving family members may be able to file a wrongful death lawsuit to seek justice and compensation for damages like funeral expenses and pain.

Wrongful death occurs when someone is killed due to another person or entity's wrongful conduct, such as causing a car crash. It is crucial for parents to seek the assistance of an experienced fatal car accident lawyer to help navigate the legal process. While no amount of money can ever fully compensate for the loss of a child, seeking financial compensation can provide some measure of justice and help ease the financial burden on the family.

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Car accidents are the leading cause of death for young people aged 15-29, and nearly all of these fatalities are preventable. Some of the most common causes of fatal car accidents include:

  • Distracted driving. This is a leading cause of car accidents and involves anything that takes a driver's attention away from the road, such as texting, eating, or adjusting the radio.
  • Speeding. Exceeding the speed limit or driving too fast for road conditions is a major cause of car accidents. Speeding increases the impact force in a crash which amplifies injury severity and increases the risk of a fatal accident.
  • Reckless driving. This includes behaviors such as tailgating, weaving in and out of traffic, and ignoring traffic signals.
  • Driver fatigue. Driving while fatigued or drowsy can impair a driver's reaction time and judgment, and can lead to serious accidents.
  • Drunk driving. Alcohol is a major contributing factor in fatal car accidents. About one-third of fatal crashes involved alcohol or another form of impaired driving.

When a child dies in a wrongful death car accident, parents may have legal options available to them, such as:

  • Wrongful death lawsuit. Parents can file a wrongful death lawsuit against the party responsible for their child's death. A wrongful death lawsuit seeks damages for the loss of the child's life, as well as compensation for any related expenses incurred by the parents.
  • Product liability lawsuit. If the accident was caused by a defective product, such as a faulty car part or blown tire, parents can file a product liability lawsuit against the manufacturer.
  • Insurance claim. Parents can file an insurance claim for the wrongful death of their child. This could include claims against the driver's auto insurance, or any other relevant insurance policies.

It is important to note that the legal options available to parents may vary depending on the circumstances of the accident and the laws of the state in which it occurred. An experienced wrongful death lawyer can help parents understand their legal rights and determine the best course of action for their situation.

When a child is killed in a car accident, the parents may be entitled to various types of damages. These damages can help compensate them for the losses and expenses associated with their child's death. Here are some examples of the types of damages available:

  • Economic damages. These damages are meant to compensate parents for the financial losses that result from their child's death. Examples may include medical bills, funeral expenses, and lost future income.
  • Non-economic damages. These damages are meant to compensate parents for the emotional and psychological losses associated with their child's death. Examples may include pain and suffering, loss of companionship, and emotional distress.
  • Punitive damages. In rare cases, punitive damages may be awarded in addition to economic and non-economic damages. These damages are meant to punish the party responsible for the child's death for their reckless or intentional conduct.
  • Survival damages. In some states, parents may be able to recover damages on behalf of their child's estate. These damages can include any losses the child experienced between the time of the accident and their death, such as medical expenses and pain and suffering.

Each state has specific laws regarding who can and cannot file a wrongful death lawsuit. In some states, immediate family members such as parents or siblings can file a lawsuit. In other states, the personal representative of the estate eligible to file a claim. Some states’ laws also vary if the person who died was a minor. It is important to consult with an experienced wrongful death lawyer to determine who is eligible to file a lawsuit in a specific state.

No matter what, it is important to take swift legal action after a wrongful death car accident. There are time limits called statutes of limitations that vary by state. Consulting an experienced wrongful death car accident attorney can ensure that parents don't miss their opportunities to act.

If your child was killed in a wrongful death car accident, it is important to contact an experienced car accident lawyer right away. A fatal car accident lawyer can help families pursue various types of wrongful death damages, such as medical expenses, funeral and burial expenses, loss of income, loss of companionship, and pain and suffering. They can also explain how wrongful death compensation is calculated and what legal options are available to parents of children killed in car accidents.

Remember that wrongful death lawyers work on a contingency fee basis, meaning there are no upfront or out of pocket expenses for you. You can get a free consultation with a lawyer to discuss your case and determine the best course of action. Don't wait to seek legal consultation – an experienced attorney can be your advocate during this difficult time and help you get the justice and compensation your family deserves while you focus on healing and the people and things that matter to you most. Contact a verified lawyer in your area today to schedule a free case consultation.

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