Filing A Claim When A Car Accident Leads To A Death
Losing a loved one in a car accident is one of the most difficult experiences a family can face. Attorneys such as our friends at Macrae & Whitley, LLP know that, along with grief and emotional pain, there are often financial burdens and legal questions about what to do next. In these situations, knowing the steps involved in filing a claim can help families protect their rights and seek the justice their loved one deserves.
Determining Who Can File The Claim
In most states, a wrongful death claim must be filed by a representative of the deceased person’s estate. This is often a spouse, adult child, or parent, depending on the family structure and state laws. The representative files the claim on behalf of all eligible beneficiaries, who may include immediate family members or dependents. An experienced wrongful death lawyer helps their clients understand who is eligible to file a claim.
Establishing Liability
To recover compensation, the claim must show that another party’s negligence or wrongful conduct caused the accident. This can include reckless driving, speeding, impaired driving, or failure to follow traffic laws. Evidence such as police reports, witness statements, and accident reconstruction results all help establish fault. A skilled car accident lawyer can help gather and organize this evidence to build a strong case.
Identifying Damages
A wrongful death claim typically covers both economic and non-economic losses. Economic damages may include funeral costs, medical expenses, and loss of income the deceased would have provided. Non-economic damages often include pain and suffering, loss of companionship, and emotional distress. Calculating these losses can be challenging, but a well-documented claim can help the family recover fair compensation. Your attorney will utilize the evidence that they have gathered as well as your medical records to determine the amount of compensation that you may be eligible for.
Working With Insurance Companies
Insurance coverage plays a central role in these cases. The at-fault driver’s insurance policy may pay for part or all of the damages, depending on coverage limits. However, insurance companies may dispute liability or attempt to settle for less than what the claim is worth. Having legal representation during these discussions can protect the family from being taken advantage of and help achieve a fair resolution.
Meeting Filing Deadlines
Each state sets a statute of limitations that restricts how long families have to file a wrongful death claim. Missing this deadline can prevent the case from being heard. It’s important to act quickly after the accident to start gathering evidence and preparing legal documents. Prompt action keeps the claim within the required timeframe and preserves key information.
Finding Support Through The Process
Families dealing with the loss of a loved one shouldn’t have to handle legal matters alone. Seeking guidance from a specialized and experienced attorney allows them to focus on healing while professionals handle the legal aspects of the case. If you have lost a loved one as a result of a car accident, contact a lawyer today.
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