Automobiles make it easy to get around, but unfortunately they are involved in many accidents, and driving can be dangerous. If a car accident results in the death of a family member, you may be able to file a wrongful death lawsuit against the other driver. This is a type of civil lawsuit, although depending on the circumstances of the accident the other driver may face criminal charges from the state.
Hire a Lawyer
A wrongful death lawsuit can be quite complicated, so it is in your best interest to hire an experienced car accident lawyer to represent you. There are a wide variety of personal injury lawyers, but you should try to hire one that specializes in wrongful death cases.
Who Can File a Wrongful Death Lawsuit
When you file a wrongful death lawsuit, you are technically recovering damages on the behalf of the deceased. The rules on what family members can file a wrongful death suit vary from state to to state, but spouses and parents of minor children killed in a car accident are always allowed to file wrongful death suits. If minor children lose their parents in a car accident, a guardian may file a wrongful death suit on their behalf.
What Must Be Proven in Court
In order to win a wrongful death lawsuit, your lawyer must prove that the car accident that claimed your loved one's life was the result of negligence or malice on the part of the other driver. A good car accident lawyer will spend a lot of time preparing to take the case to court and will be able to provide ample evidence that supports this claim.
Damages in a Wrongful Death Case
There are many things taken into account when awarding damages in a wrongful death lawsuit, such as funeral costs, medical bills for care before the deceased's death, and loss of the deceased's income. The court will also consider other things when determining damages, like the amount of pain or suffering the deceased endured before death, the loss of love and companionship the family is feeling, and the loss of caring or nurturing that the deceased provided to others. Monetary damages won't bring your loved one back or take away your pain and grief, but it can make your life easier if you and your family have a financial safety net to fall back on. For asisstance, talk to a car accident lawyer like Hardee and Hardee LLP.Share