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Wrongful Death Car Accident Settlements

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How is compensation calculated in a fatal car accident?

Losing a loved one in a car accident is one of the most devastating experiences anyone can go through. The sudden loss of someone close can leave a family reeling with grief and struggling to pick up the pieces. In many cases, fatal car accidents result from negligence, recklessness, or carelessness on the part of one or more drivers involved in the crash. When this happens, surviving family members may be able to seek justice and compensation by collecting a wrongful death car accident settlement.

At a time of immense grief, the idea of pursuing a wrongful death car accident settlement may seem daunting. However, it is important to consider the financial impact that a fatal car accident can have on surviving family members, including loss of income, medical bills, and funeral costs. An experienced wrongful death car accident lawyer can help families navigate the legal process and get results. They can also provide guidance and support throughout the process, helping to alleviate some of the stress and anxiety that often come with dealing with wrongful death legal action.

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Car accidents can be caused by a wide range of factors, but some of the most common causes of fatal car accidents include:

  • Distracted driving. 
  • Drunk driving.
  • Speeding.
  • Reckless driving such as weaving in and out of traffic, ignoring traffic signals.
  • Defective vehicle parts or poor vehicle maintenance.
  • Driver fatigue.

Fatal car accidents can involve a wide range of injuries, from head trauma and spinal cord damage to internal organ damage and broken bones. Part of the compensation surviving loved ones deserve is for the pain and suffering the victim felt before they died.

Calculating wrongful death compensation can be complex, and it is important to work with an experienced car accident lawyer who understands the full extent of a family’s damages and can effectively fight for the compensation their clients deserve. The amount of wrongful death compensation is based on a variety of factors, including the economic and non-economic damages suffered by the victim's loved ones. Some of the types of damages that may be available in a wrongful death car accident case include:

  • Medical expenses. The cost of medical treatment and care for the victim prior to their death.
  • Funeral expenses. The cost of funeral, services, and burial.
  • Lost income. The income the victim would have earned if they had survived the accident.
  • Loss of benefits. The loss of benefits, such as health insurance or retirement benefits, that the victim's loved ones would have received if the victim had survived.
  • Loss of companionship. The loss of the victim's companionship, care, and support for their loved ones.
  • Loss of consortium. The loss of the victim's intimate relationship with their spouse or partner.
  • Punitive damages. Called exemplary damages in some states, these damages are intended to punish the at-fault party for egregiously negligent or intentional conduct.

Note that each state has different laws regarding what can and cannot be sought in a wrongful death case. Only an attorney licensed in your jurisdiction can explain what your claim may be worth.

To get a wrongful death case started, the first step is to consult with an experienced car accident lawyer. A lawyer can help grieving loved ones understand their legal rights and options and do the legwork necessary to gather evidence that supports the case. They put the highest value on the surviving family’s comfort and the victim’s life. However, it is important to note that there are special circumstances that often apply to wrongful death car accidents, which can affect a claim or lawsuit. For example:

  • Who can file the claim? In some states, certain surviving family members can file a wrongful death claim. In others, only the personal representative (executor) of the deceased person’s estate can file a claim.
  • Statute of limitations. There is a time limit for filing a wrongful death claim that varies from state to state. Note that the statute of limitations usually starts running on the date of death, not necessarily the date of the accident. It is important to consult with a lawyer as soon as possible to ensure that you do not miss the legal requirement.
  • Comparative negligence. If the victim was partially responsible for the accident, their loved ones may still be able to recover compensation, but the amount of compensation may be reduced.
  • Product liability. If the accident was caused by a defective vehicle or vehicle part, the manufacturer may be liable for the victim's death.

Navigating these special circumstances can be complex, which is why it is important to work with an experienced wrongful death car accident lawyer who will fight relentlessly to hold the responsible parties accountable for their actions.

Losing a loved one in a car accident is a traumatic experience that can leave you feeling overwhelmed and unsure of what to do next. However, it's important to take action as soon as possible to protect your rights and ensure that you receive the compensation you deserve. A wrongful death lawyer can provide you with the guidance and support you need during this difficult time.

Contacting a fatal car accident lawyer for a free consultation can help you understand your legal options and what you can expect during the process. You can connect with a member of their legal team, get answers, and schedule a free consultation. Don’t wait. A statute of limitations applies to wrongful death claims and lawsuits. Contact a verified lawyer in your area for a free consultation today.

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