A Quick Guide to Help You With a Wrongful Death Case

According to the Insurance Institute for Highway Safety, 2020 saw over 35,000 fatal motor vehicle crashes throughout the U.S. Though no one wants to imagine that the worst might happen, the truth is car accidents can leave families reeling from a sudden loss, often made worse when someone else was at fault for the crash.

If you’re facing the aftermath of a loved one’s wrongful death, the fallout can be difficult to struggle through alone. We’ve put together a quick guide to help you understand whether or not you have a wrongful death case, what you’ll need to prove to win, and how to find the right help.

Knowing When You Have a Wrongful Death Case

Though any loss is tragic, there are strict laws around filing wrongful death claims. Knowing when you have one—as well as who should be involved—is crucial before you begin the process.

What Is a Wrongful Death Lawsuit?

A wrongful death occurs when a loved one has died at the hands of another. This must happen as a result of recklessness or negligence.

Note that this death may be an accident, or it may be intentional. Any wrongful actions that cause an injury leading to a loved one’s death can be part of your claim. Wrongful death lawsuits involving car accidents include common causes like DUIs, speeding, and reckless or distracted driving.

What Can You Get Compensation For?

For most people, the main reason for filing a wrongful death lawsuit is to get compensation for the loss of their loved one’s wages.

However, you can also seek compensation for other things as well, including funeral and burial costs, medical costs, or the loss of inheritance due to an early death. You can also get compensation for any pain and suffering your loved one endured as they passed, as well as the loss of love and companionship they provided.

Who Benefits From a Wrongful Death Claim?

Only the decedent’s beneficiaries can get compensation. This usually means benefits go to the spouse first, then the children, then the parents, and then the next of kin.

Who Can File a Wrongful Death Lawsuit?

Only certain representatives of the deceased can file a claim. The details vary from state to state, although all states allow a surviving spouse to file. Most states also allow the victim’s children or parents to file, and some allow the closest blood relative to the deceased to sue if there are no other surviving relatives.

Evidence Needed to Prove Your Wrongful Death Lawsuit

When you bring a wrongful death claim, you will also have the burden of proof. This means that the success of your claim depends on whether or not you can present enough evidence to show that the defendant caused your loved one’s death in some way.

For a claim of negligence, you’ll need to prove four things:

• duty
• breach of duty
• causation
• injury

In terms of duty, you need to prove that the defendant owed a duty of care to your loved one. This means that they had a duty to keep your loved one safe.

In the case of a pedestrian accident at a crosswalk, for example, the defendant owes a clear duty: yielding to anyone crossing.

In terms of breach of duty, you need to prove that the defendant did not exercise reasonable care. In other words, the defendant failed to care for your loved one as they should have. In the example above, the breach of duty occurs when the driver fails to yield.

With causation, you need to prove that the defendant caused your loved one’s injury. In the example above, evidence might include a police report detailing the accident.

For injury, you must prove that your loved one suffered an injury. This might include medical documentation about the treatment your loved one received.

Hiring a Wrongful Death Lawyer

Though you don’t have to hire an attorney to file a wrongful death case, it’s a good idea to do so unless you have legal experience. Having an expert team to help you prove your case can earn you the compensation you deserve.

When to Contact a Lawyer

When you’re in mourning, the last thing on your mind may be calling a lawyer to set your case in motion. For this reason, most states grant plaintiffs a decent amount of time to file a claim. Depending on where you live, you will have a year or more to make a decision.

However, in certain situations, hiring a lawyer sooner rather than later can make it easier to gather the evidence you need to prove your case.

How to Find the Right Lawyer

Choosing the right accident lawyer can make or break your case. If you can, it often helps to get a referral from a friend or family member. Your medical provider may also have a list of lawyers that other patients have worked with as well.

If you don’t have any referrals, start by checking with your local bar association to get a list of names. Make sure to only consider attorneys who have experience with wrongful death lawsuits. To narrow things down, check their reviews for satisfied testimonials: reputation matters, and previous satisfied clients make it more likely that you’ll be happy with your outcome as well.

Get Help From Our Experienced Lawyers

If you’re struggling with the fallout of a wrongful death, you don’t have to go through it alone. Our team of experts is here to help you seek damages for your loss. From assistance with filing to gathering evidence to representing you in court, we can get you the compensation you deserve.

To learn more about how we can help with a wrongful death case, contact Alpha Accident Lawyers with questions or schedule a free consultation today.