Every year, around 1.3 million people die in road accidents worldwide. That means thousands of families lose a loved one every single day due to crashes that could have often been prevented. The grief that follows is overwhelming, but beyond the heartbreak, families are also left facing legal and financial struggles they never expected.
When someone dies in a car accident, their family has rights. They may be entitled to file fatal car accident cases and seek compensation for medical bills, funeral costs, lost income, and the pain and suffering caused by the loss.
In this article, we will be providing you with an extensive overview of all your available rights as the family of a fatal car accident victim.
The Right to File a Wrongful Death Claim
If someone’s careless or intentional actions led to your loved one’s death, you have the right to file a wrongful death lawsuit. This legal claim allows you to demand financial compensation from the responsible party, whether it’s an individual, a company, or even a government entity.
Every state has specific rules about who can file the claim, but generally, it’s the deceased person’s immediate family, such as their spouse, children, or parents. In some states, a designated representative (like the executor of the estate) must file the claim on behalf of the family.
This claim isn’t just about money; it’s about making sure the person or entity responsible for your loved one’s death is held accountable. It’s also about ensuring that your family doesn’t suffer financially because of someone else’s negligence.
If you depended on the deceased for financial support, a wrongful death claim can help cover lost income, funeral costs, medical bills, and other expenses.
The Right to Seek Compensation for Economic and Non-Economic Losses
You’re entitled to compensation for both tangible and intangible losses. Economic damages include things like medical bills, funeral expenses, and lost wages your loved one would have earned if they were still alive. These are relatively easy to calculate because they come with receipts and pay stubs.
However, non-economic damages are just as important, if not more so. This is compensation for the emotional impact of losing someone you love. You can seek damages for the pain and suffering your loved one endured before passing, as well as your own emotional distress, loss of companionship, and the deep grief that comes with losing a family member.
Some states even allow punitive damages, which are meant to punish the responsible party if their actions were particularly reckless or intentional.
The Right to a Fair Settlement or Trial
As a family, you have the right to a fair settlement or, if necessary, a trial. Many wrongful death cases are settled out of court, where the responsible party (or their insurance company) agrees to pay compensation without going to trial.
This can be a faster and less stressful process for families. However, if the settlement offer isn’t fair, you have the right to take the case to trial and let a judge or jury decide the outcome.
The Right to Legal Representation
You have the right to hire an attorney to help you navigate the legal process. This might seem obvious, but many families don’t realize just how crucial an experienced wrongful death lawyer can be.
The legal system can be complex, and insurance companies often try to minimize payouts. A skilled attorney will fight for your rights, handle negotiations, gather evidence, and make sure you get the compensation you deserve.
The good news is that most wrongful death lawyers work on a contingency fee basis, meaning they don’t get paid unless you win your case. This allows you to seek justice without worrying about upfront legal fees.
