Losing a loved one in a car accident is devastating. The grief can be overwhelming, and having to deal with the legal aftermath only adds to the stress and heartache. If your family member was killed due to the negligence or recklessness of another driver, you need the help of an experienced wrongful death lawyer to protect your rights and seek justice. A Dallas wrongful death lawyer will fight for the compensation your family deserves during this difficult time.
What Qualifies as a Wrongful Death?
Wrongful death is when a person is killed due to the negligence or misconduct of another party. In the case of fatal car crashes, this means that the at-fault driver acted negligently or recklessly in a way that directly caused the victim’s death. Examples of negligent behaviors include:
- Distracted driving, such as texting while behind the wheel
- Driving under the influence of alcohol or drugs
- Excessive speeding or racing
- Running red lights or stop signs
- Drowsy driving
- Unsafe lane changes or improper passing
If it can be proven that the fatal crash occurred due to these types of negligent actions, then the family of the victim has grounds for a wrongful death case. A wrongful death lawyer can review the details of the accident to determine if negligence played a role and who can be held legally liable. Having an attorney experienced in these specific types of cases is important for building a strong claim.
When Should You Call a Wrongful Death Attorney?
It’s important to consult with a wrongful death lawyer as soon as possible after a fatal car accident occurs, even while still dealing with the other immediate priorities. Wrongful death cases have strict statutes of limitations, meaning a claim must be filed within a certain timeframe, or you risk losing your right to seek compensation at all.
The statute of limitations varies by state. In some states, it may be as short as one year from the date of death. In others, you may have two or three years to take legal action. An experienced wrongful death attorney can ensure you meet all the necessary deadlines based on your state laws.
Early investigation is also key to a successful wrongful death case. Over time, evidence from the crash can be lost, and eyewitness memories may fade. The sooner an attorney can start gathering proof to support your claim, the better. Your lawyer can collect photos from the scene, police reports, surveillance footage, cell phone records, and other evidence before too much time passes.
Additionally, the unexpected financial strains after a loved one’s death, like funeral costs, lost income, and leftover medical bills, can take a major toll. Getting the process of seeking compensation started quickly can help. Schedule a consultation with a wrongful death lawyer as soon as possible to discuss your options.
Key Takeaways
What Are the Requirements for a Wrongful Death Claim?
When pursuing a wrongful death case after a car accident, there are four key elements you must prove:
- Duty of Care
- Breach of Duty of Care
- Causation
- Damages
Let’s look at what each of these means in a fatal car accident context.
Duty of Care
First, it must be established that the defendant (the at-fault driver) owed the deceased victim a “duty of care.” This means they had a legal obligation to drive safely and responsibly so as not to put others on the road at risk of unreasonable harm.
All drivers automatically assume this basic duty of care when they get behind the wheel. Legally, drivers must drive with the same caution that any reasonable person would under similar circumstances.
Breach of Duty of Care
Second, you must show that the defendant breached their duty of care by failing to act as a reasonable person would. In other words, they acted in a negligent manner that put others in danger.
A breach can mean violating traffic laws, like speeding, running a red light, or driving under the influence. It may also include non-illegal but still negligent actions, like driving while distracted or fatigued. If a driver’s conduct was clearly unsafe compared to what a responsible driver would do, this likely qualifies as a breach of duty.
Causation
Third, there must be a direct link between the driver’s negligence and your loved one’s death. You must show that their breach of duty of care was the actual cause of the fatal accident.
Proving causation often requires extensive evidence, such as accident reconstruction, medical expert testimony, and a thorough investigation of the circumstances. A skilled wrongful death attorney will know what proof is needed to demonstrate the defendant’s negligence caused the crash that claimed the victim’s life.
Damages
Lastly, you must be able to demonstrate the damages that you and your family suffered as a result of losing your loved one. In a wrongful death case, damages can be financial and/or non-economic.
Financial damages may include:
- Funeral and burial expenses
- Medical costs incurred before death
- Lost future income
- Loss of benefits, like health insurance or retirement accounts
Non-economic damages are for intangible losses and may include:
- Emotional distress
- Loss of care and companionship
- Loss of consortium
- Mental pain and suffering
Calculating damages can be complicated, especially when it comes to estimating future financial losses or putting a dollar figure on grief. An experienced wrongful death lawyer can determine a full and fair compensation amount to seek based on the specific circumstances.
Who Can File a Wrongful Death Claim After a Fatal Car Accident?
State laws also dictate who has the legal right to file a wrongful death claim on behalf of the deceased. In most states, the following parties can bring a case:
- Surviving spouse or domestic partner
- Surviving children
- Surviving parents or legal guardians
- Personal representative for the deceased’s estate
In some states, other financially dependent relatives like siblings or grandparents can also file if there is no surviving spouse, child, or parent. A wrongful death lawyer can determine which family members qualify to take legal action under your state laws.
Whoever files the claim, any awarded compensation typically gets distributed to the eligible surviving family members. This may be per the terms of the deceased’s will or estate plan. If there are no estate planning documents, state intestate laws govern how wrongful death proceeds get divided.
What Compensation Can You Recover in a Wrongful Death Case?
No legal settlement or jury award can undo the immense loss of suddenly losing a family member. However, receiving compensation through a wrongful death claim can provide a much-needed sense of justice, accountability, and financial relief for the future.
Some of the most common types of damages pursued in wrongful death cases include:
Medical Bills
Any medical costs that your loved one incurred from the time of the accident up until their passing may be recoverable. This can include:
- Emergency care at the accident scene
- Ambulance transport
- Emergency room treatment
- Hospital stays
- Surgeries
- Medications
- Doctor visits
- Diagnostic tests
Your wrongful death attorney can ensure all relevant medical bills are included in your claim so you aren’t left with unpaid expenses while grieving.
Lost Income and Future Earnings
If the deceased was a financial provider for the family, those dependent on their income may seek reimbursement for the money they would have continued to receive if the accident hadn’t happened. This can help ensure the family’s financial stability isn’t jeopardized by the loss.
Lost income damages can include:
- The victim’s salary or income
- Bonuses and commissions
- Business income
- Projected future raises
- Retirement contributions like pensions or 401(k)s
Calculating the full value of lost financial support often requires working with economic experts who can analyze factors like the victim’s age, earning potential, inflation, and other considerations. A Dallas wrongful death lawyer will have access to these experts to build the strongest case.
Funeral and Burial Expenses
Any costs for funeral services, burial or cremation, a memorial service, a headstone, and related expenses can be pursued in a wrongful death claim. These sudden expenses can be a major burden when a death is unexpected, so recovering them can provide important relief.
Loss of Services
Losing a family member also often means losing the services they provided for the household. A wrongful death settlement can account for the financial value of things like:
- Childcare
- Household chores and upkeep
- Vehicle maintenance
- Managing household finances
- Home repairs
While it may feel uncomfortable to put a price tag on these everyday tasks, doing so can make a significant difference in maintaining quality of life and financial stability for those left behind.
Pain and Suffering
Some states allow surviving families to receive compensation for the deceased’s pain and suffering from the time of injury until death. While difficult to quantify, an attorney can fight for an amount that recognizes the severity of physical and mental distress the victim endured.
Loss of Care, Protection, and Companionship
A life cut short means a loss of the unique care, nurturing, guidance, and companionship the deceased provided to their loved ones. Children lose a parent’s presence, spouses lose a life partner, and parents lose a child’s love. These immeasurable relationship losses often make up a substantial portion of wrongful death awards meant to acknowledge the irreplaceable role the victim played for their family.
How Can a Wrongful Death Lawyer Help?
There is no greater tragedy than the preventable loss of life. When that loss is because of another party’s negligence, an experienced wrongful death lawyer can provide indispensable guidance, support, and legal advocacy. If your loved one was killed in a car accident that wasn’t their fault, an attorney can help in several key ways:
Calculating the Full Value of Your Claim
There are many financial and non-economic losses to account for after a wrongful death. Some are clear, like funeral bills. Others, like the loss of a parent’s guidance or determining the value of the deceased’s pain and suffering, are much more complicated to quantify.
An attorney with experience in wrongful death cases will know how to identify all potential damages in your case and work with experts to calculate a complete value for your family’s losses. This can make the difference between a settlement that lasts for the long term and one that falls short.
Handling Communication with Insurers
Insurance issues can be especially tricky after a fatal accident. The at-fault driver’s insurer may try to get you to accept a fast, lowball offer before you understand the full value of your claim. They may also try to get you to give a recorded statement in hopes something you say can be used against you later.
Your car and health insurance carriers may also call with questions about the accident. It’s easy for grieving family members to get confused or overwhelmed.
A wrongful death lawyer can handle all insurance company correspondence on your behalf. They can field calls, submit necessary documentation, firmly negotiate for a fair settlement, and make clear that your interests will be protected.
Determining All Liable Parties
Sometimes, more than one party can share fault for a fatal crash. While the other driver may have directly caused the accident, there could be other parties with potential financial liability.
Depending on the circumstances of the wreck, a wrongful death lawyer may determine additional responsible parties like:
- The at-fault driver’s employer, if they were on the job when the crash occurred
- A vehicle manufacturer, if a defect contributed to the accident resulting in your loved one’s injuries
- A government entity, if an unsafe road condition played a role
- A bar or restaurant, if they overserved a visibly drunk driver who caused the crash
Identifying all possible defendants can increase the compensation available to you. An experienced attorney will examine all angles and pursue maximum recovery.
Filing a Lawsuit
Most wrongful death cases start with the attorney submitting a demand letter to the at-fault party’s insurance company. This notice outlines key evidence in the case and makes a demand for damages.
If an acceptable settlement cannot be reached through negotiation, your wrongful death lawyer may advise filing a formal lawsuit in civil court. Throughout the litigation process, your attorney can:
- Draft and file the legal complaint and all necessary paperwork
- Attend court appearances
- Make oral arguments on your behalf
- Question witnesses in depositions and at trial
- Present evidence to a judge and jury
- Object to unfair tactics from the defense
- Make strategic decisions on how to present your case
The vast majority of wrongful death lawsuits reach settlements before going to a jury. However, if a trial is needed, you’ll want an experienced wrongful death litigator fighting for you in court.
Consult with an Experienced Wrongful Death Lawyer
Losing someone you love in a sudden crash is an unimaginable heartbreak. While pursuing a wrongful death case cannot ease the pain of that loss, it can provide a sense of justice, accountability, and stability for the future.
If your family member was killed because of a careless driver, consulting with an experienced Dallas wrongful death lawyer is an important step forward. An attorney can offer guidance on your rights and legal options during this difficult time. For compassionate legal advocacy after a tragic loss, contact a wrongful death lawyer today for a free consultation.
