It is always challenging to mourn the loss of a loved one. If you lost that loved one in a wrongful death car accident, it’s even more difficult.
Now, you have to navigate a complicated legal battle while dealing with your grief. Since many people never imagine that their loved one could suffer such a fate, they aren’t prepared for what to do next. Do they file a lawsuit? What damages can they claim? Who can file?
These questions and more can make it feel like an impossible feat. But with the help of the right lawyer, you’ll have the time to process your grief while achieving financial justice.
Our expert attorneys have helped families through the most tragic situation they’ll ever face. Contact us at (561) 621-4200 today to find out how we can help you, too.
Types of Wrongful Death Accidents
Wrongful death accidents can refer to a variety of fatal accidents. However, not all fatal accidents are eligible for a wrongful death lawsuit.
Wrongful death accidents are commonly broken into five categories:
- Car accidents: Where a fatal car accident with another car or pedestrian resulted in the death of your loved one.
- Medical malpractice: Where a doctor or nurse did not meet the standard of care required by their position. Their negligence directly results in the death of a patient.
- Workplace accidents: An employee who perishes on the job due to unsafe working conditions.
- Defective products: A manufacturer does not meet federal safety guidelines, creating an unsafe or toxic product that ultimately leads to death.
- Violent crime: The defendant willfully committed a violent crime that resulted in the death of your loved one.
When is a car accident applicable for a wrongful death claim?
Losing a loved one is shocking and heartbreaking. It‘s even more devastating when it’s due to someone’s negligent actions.
Although accidents happen every day, like someone slipping off the roof putting up Christmas lights, wrongful death accidents are far more tragic. They are the result of someone else’s negligence. This means that they are entirely preventable.
In the case of car accidents, a normal accident may occur due to slick road conditions. A wrongful death accident occurs when someone willfully neglects to put up signage in an area at high risk for an accident.
Some examples of car accidents that can cause wrongful death are:
- Distracted drivers hitting another vehicle at an intersection
- Truck accidents where the trucking company has overworked their drivers
- Drunk or otherwise impaired drivers drifting into the wrong lane and causing a head-on collision
What must be proven?
To win a wrongful death case, you must prove negligence.
Negligence requires a duty of care that the defendant breached. The duty of care can be anything from maintaining safe roads to giving patients an appropriate standard of care.
In the case of a car accident, all drivers are expected to obey the rules of the road and not actively put others at harm.
Individuals who breach this duty put others on the road at risk of injury or fatality.
If you can prove that breach directly causes the injury that resulted in the death of your loved one, then you have a strong wrongful death case.
It can be difficult to prove negligence on your own. An experienced attorney knows how to efficiently determine fault and negligence in a car accident so you get your damages faster.
Who can file a wrongful death claim for a car accident?
Wrongful death lawsuits can be filed by the deceased’s direct family members or a representative of their estate.
Although it varies state-to-state as to who specifically can file a wrongful death claim, the following are often eligible:
- Financial dependent
- Estate trustees
If you are unsure if you are eligible to file a wrongful death claim for your loved one, contact a wrongful death lawyer for assistance.
Wrongful Death Damages
Wrongful death damages are complicated, as the individual who suffered the loss isn’t there to represent themselves. As their family member or estate representative, you are entitled to seek the damages on their behalf. These include financial and emotional damages suffered by the deceased, as well as those suffered by their family after their wrongful death.
Some of the damages you can claim are:
- Pre-death pain and suffering of the deceased
- Deceased’s medical expenses
- Funeral costs
- Loss of the deceased’s income
- Loss of the value of services that the deceased provided to the household
- Loss of consortium
- Loss of love and companionship
- Loss of care and guidance
Contact an Experienced Car Accident Wrongful Death Lawyer
Our experienced car accident lawyers have a strong track record of fighting for clients who lost a loved one due to wrongful death. We are committed to treating our clients and their families with compassion, making sure they are comfortable every step of the way.
We know how hard it is to lose someone you love. That’s why we strive to make the process as easy as possible, taking on the difficult paperwork and facing the defendant’s representatives for you. It is our goal to get you financial compensation so you can focus on your grief without worry about finances.
Find out how our lawyers can help you. Call us today at (561) 621-4200 to schedule a free consultation with one of our wrongful death car accident lawyers.
Get in touch
Call us or fill out one of our web forms to speak with a West Palm Beach auto accident lawyer to get help filing your claim to get the money you’re owed.
515 N Flagler Dr, Suite 1150
West Palm Beach, FL 33401