Who can file for a fatal accident claim? If you lost a loved one in a car accident, collision, motorcycle accident, truck accidents, or explosion due to another person’s negligence, you can file a wrongful death case against the guilty party. Below is an overview of what constitutes a wrongful death case, who is eligible to receive the claim, and what compensation you can expect to get.
If you have specific questions about your case or if you’re wondering how much your case is worth, you can schedule a no-obligation free case evaluation with a wrongful death attorney near you.
What Elements Constitute Wrongful Death Cases?
You can sue the negligent party in an auto accident if the death was a result of the driver’s wrongful conduct. Wrongful death cases are not just limited to vehicular accidents as these can also arise from construction accidents, medical malpractice, defective products, and dangerous substances.
The deceased person’s representative, as elected by the Surrogate Court, will need to prove the following elements to win the claim.
- Negligence. There should be proof that the driver was careless or acted negligently and it was this negligence, not any other circumstance, which caused the death of your family member. Your wrongful death attorney will represent your family to make sure that the responsible party is proven to be at-fault.
- Beneficiaries. Only the victim’s surviving spouse, surviving children, dependents, and other beneficiaries (as stated in the last will and testament or other medical directives) may receive the compensation claim.
- Damages. The survivors should demonstrate how the fatal accident affected their financial situation. But aside from the financial damage or economic loss, the court will also examine the emotional damage on the surviving family members because of the grief, pain, and suffering experienced for the loss of a loved one.
Who are Eligible Wrongful Death Filers?
To be eligible for wrongful death claims, filers must be surviving relatives or statutory beneficiaries of the deceased. Qualified claimants are spouses, kids, and even parents of the victim.
As the representative of the deceased, you and your personal injury lawyer must prove that the defendant caused the death due to negligence or recklessness.
Since the loss of a loved one can be very traumatic, survivors receive compensation for both economic damages and financial losses arising from the personal injury accident. Relatives who win claims are entitled to recover payment for damages such as:
- Economic recovery. This includes loss of income, lost wages, loss of future earnings (value commensurate to the potential earnings lost between the date of the injury and the time of death)
- Medical bills and nursing expenses
- Funeral expenses and burial costs
- Child support and spousal support (even for remarried spouses)
- Loss of parental nurturing
- Cost of a child’s education
- Emotional damages such as mental anguish, pain, and suffering
- Punitive damages
- Insurance benefits
- Workers’ compensation benefits
Are you a survivor of a loved one whose death was wrongfully caused by another? File your personal injury claim and don’t wait until your time to sue is up. Hire an experienced personal injury attorney from Ghaphery Law Offices. We have handled hundreds of personal injury cases and can guide you through the legal system in pursuit of your financial recovery.
Let our Wheeling personal injury attorneys file your claim immediately. If you wait before bringing in your personal injury claim, the investigation may take longer as it gets harder to investigate the circumstances surrounding the car accident. Schedule a FREE consultation with wrongful death lawyers today.