The National Highway Traffic Safety Administration estimates that 39,345 people died in traffic crashes in 2024. Losing someone so quickly in an accident can make you feel devastated, confused, and unsure of how to deal with its aftermath.
While no legal action can truly compensate for such a loss, filing a wrongful death claim can provide financial support and a sense of justice, especially when a person’s death results from another party’s negligence or misconduct.
Some people are unsure if they have a viable wrongful death case. Accidental death attorney Frank C. Bartlett Jr. says that determining the validity of your claim depends on many factors. Scheduling a free consultation with a knowledgeable lawyer can help you understand your options and the possible approach your lawyer will take to hold negligent parties accountable.
Suing someone for unintentionally causing somebody’s death is no easy work, but knowing the steps can reduce that difficulty.
Understanding Wrongful Death Claims
If any of your loved ones dies due to misconduct or negligence by another, a wrongful death claim must be considered. The purpose of a lawsuit is to ask for damages for the big loss accrued, medical and funeral expenses, lost earnings, and emotional distress.
According to Easton & Easton, LLP, wrongful death claims will also cover non-economic damages, such as the loss of care, society, comfort, protection, love, and companionship that one naturally experiences after the passing of a loved one.
To start a wrongful death lawsuit, the victim’s family must establish several points to build their case. They must prove that negligence or misconduct caused the death. Take note that each state has their own statute of limitations on petitions.
Knowing the process can help you take the right steps. Hire a lawyer who can be your greatest ally in this challenging phase of your life.
Identifying Negligence in Auto Accidents
In auto accident claims, it is imperative to establish negligence before suing someone for wrongful death. This means that one party has been wronged in some way due to the party’s failure to exercise caution.
You must scrutinize the circumstances of the wreck. Were any traffic laws violated? Did the other driver demonstrate reckless behavior by either speeding or texting on a phone while driving?
When assembling evidence samples, remember to keep all relevant items: police reports, eyewitness accounts, and any other recorded evidence. The evidence of any old offenses proves a pattern of negligence.
It is fundamental to show that negligence directly led to death. It is crucial to continue the investigation into the aforementioned circumstances, meticulously documenting every detail, before presenting a definitive death claim in court.
The Legal Process of Filing a Claim
Dealing with the filing of a wrongful death claim can increase your stress levels during a difficult time in your life. You must collect the incident report, medical records, and documentation proving your enlistment in the plaintiff’s family, among other things. Consult a wrongful death attorney who can help you understand the technical side of the laws involved and alleviate your stress.
Once you feel ready, file your complaint in the right court with the facts of how the event played out and a mention of what you want as far as damages are concerned. The other person will be notified, and from there, they will have time to respond. Along the way, make sure everything is organized and all the paperwork is set up properly or that you meet deadlines and statutory time limits.
Potential Challenges in a Wrongful Death Case
Even in the pursuit of justice and closure, one can expect lawsuits to encounter significant financial, incidental, or emotional challenges. Proving liability is often challenged by the need for compelling evidence or clear connections to the accident. Also, insurers often resist explaining that they weren’t at fault or minimizing compensation.
Dealing with strict legal deadlines can also be tricky: missing a filing date may mean that you fail to provide the court evidence; besides, under stress, due to heavy emotional pressure, you may be unable to concentrate your mind on details. These legal fees affect the claimant financially at this difficult time. Knowing the legal process’s pitfalls may help.
Seeking Support and Resources for Families
Dealing with a wrongful death case can be very overwhelming, and in that traumatic period, the right support is essential for families. You are not alone; there are many organizations that provide resources to grief-specific organizations. Find a grief support group to connect with someone who shares your pain.
Counseling services will help you process emotions in a safe place while coping with a legal challenge. Legal aid organizations might also provide legal assistance at a much lower cost. Get in touch with family and friends, they can provide you with the support you need too.
