Fatal car accidents impact more people than those directly involved in the collision. The family of the deceased victim (the decedent) is often left to deal with several damages, both monetary and emotional, after their loved one has passed. Medical bills, halved incomes, lost employment benefits, reduced financial support, and loss of companionship are some of the damages that families commonly pursue when suing for a fatal car accident.
Who Can Sue for a Fatal Car Accident
The right to file a wrongful death claim varies depending on state-specific regulations. The deceased’s immediate family members, such as spouses, children, and parents, are typically eligible. In California, domestic partners, grandchildren, and other minors who were financially dependent on the decedent can also file wrongful death claims. A wrongful death claim is typically filed by a representative or the executor of the decedent’s estate, who acts on behalf of the family.
The Wrongful Death Claim Process
Every wrongful death claim is different as the circumstances of the accident, the economic impact, and the decedent’s family will vary. While all claims follow the same procedure, it’s difficult to predict exactly how your case will unfold. Let’s go over the typical path of a wrongful death claim, so you know what to expect.
Evidence Gathering
Gathering compelling evidence is key to establishing negligence and proving damages in wrongful death cases. Medical records and autopsy reports are necessary to confirm the cause of death and the extent of the injuries sustained. Police and accident reports objectively assess the incident and initial observations regarding liability.
Witness statements, photos, and videos can help with accident reconstruction and clarify details about the accident. Financial documents like bank statements, medical bills, and overdue payment notices are also vital as they demonstrate the economic impact of the death, such as lost income and financial support.
Identifying Liable Parties
Liability in a fatal car accident can apply to more parties than the driver who caused the crash. The negligent driver is typically the primary defendant. Yet, liability could extend to the driver’s employer if they were driving a commercial vehicle. Vehicle manufacturers can also be held liable if a defect in either car contributed to the accident.
Government entities may sometimes be responsible for the accident if road conditions, malfunctioning traffic signals, or missing road signs played a role in the collision. When multiple parties share fault, the damages awarded by each are proportionate to their degree of responsibility for the death.
Filing Insurance Claims
Before filing a lawsuit, families typically pursue compensation from the liable party’s insurance provider. The insurance company will investigate the claim, determine liability, and evaluate the amount of damages the family is owed. However, insurance companies may dispute liability or offer lower settlements that do not adequately cover the losses suffered. When insurers deny claims, it may be necessary to pursue legal action.
Negotiations
Many wrongful death claims can be resolved through negotiation or mediation, as all parties typically want to avoid going to trial. The family attorney will negotiate with the liable party’s insurer or defense attorney to reach a settlement. If they cannot reach an agreement for an adequate settlement, the case may proceed to trial.
Filing a Lawsuit
If negotiations fail, the family or estate representative can file a wrongful death lawsuit. The lawsuit details the basis for the claim, the relationship to the decedent, and the damages being sought. The case then enters the discovery phase, in which both sides exchange evidence and prepare for the trial. When the case isn’t settled before the trial starts, the outcome will be decided by a judge or jury.
Survival Actions vs. Wrongful Death Claims
Understanding the difference between wrongful death claims and survival actions is essential. A wrongful death claim compensates the survivors for their losses resulting from the death. However, a survival action is filed on behalf of the decedent’s estate to recoup the money the deceased party would have been entitled to had they survived. A survival action seeks damages, including pain and suffering endured before death.
Do You Need an Attorney to Sue for a Fatal Car Accident?
Due to the complexity of wrongful death laws, strict deadlines, and the need for substantial evidence, hiring a wrongful death attorney can be beneficial. It’s critical to start the process as soon as possible, which can be challenging while you are mourning. However, an attorney will guide your family through the filing process and ensure your compliance with requirements.
Your attorney will gather and present evidence, identify potentially liable parties, handle all negotiations, and represent your family in court if necessary. Collaborating with an experienced attorney significantly increases your chances of obtaining a fair settlement for your wrongful death claim and survival action.
Moving Forward After a Fatal Car Accident
If you have lost a beloved family member, contact HHJ Trial Attorneys. Our highly educated, passionate wrongful death attorneys have worked on some of the most challenging cases in California. A wrongful death lawsuit can be complex and emotionally draining, but you don’t have to face it alone. With an HHJ attorney, you can seek justice and receive the compensation you need to rebuild your life.
