If someone you love has died in a car accident, there’s no easy way to handle it. It’s heartbreaking, confusing, and overwhelming all at once. In the middle of trying to deal with the emotional shock, there’s also the reality of what comes next. That includes medical bills, funeral costs, and the sudden loss of financial support.
When a death happens because of someone else’s careless driving, it’s legally known as wrongful death. In these cases, it is in the family’s best interests to hire a lawyer for fatal car accidents. This means you can file a legal claim to cover the costs and losses you’re dealing with, not just money that was already spent, but also what you’ll lose moving forward.
What Kind of Damages Can Be Covered?
First, if the person who died received any medical treatment after the accident but before they passed away, the cost of that treatment might be included in the claim. That could be ambulance services, emergency room visits, surgeries, hospital stays, and basically any medical expense linked to the accident.
Funeral Costs
Then there are the funeral costs. Funerals in the US can cost anywhere from $7,000 to over $12,000, depending on services and arrangements. The law recognizes that this is a necessary expense, so the claim may cover things like the casket, burial, or cremation fees, and the service itself.
Financial Support
One of the biggest things people don’t always think about right away is the income the person would have earned in the future. If they were working and helping support the household, that income is now gone. The law allows families to claim that they lost financial support. This includes not only the wages they were earning at the time but also what they were likely to earn in the future if the accident hadn’t happened.
Loss of Services
There’s also something called loss of services. This applies when the person who died was contributing in other ways (e.g., if they were helping raise the kids, managing the home, or supporting an elderly parent). These roles may not come with a salary, but they have substantial value, and they can be included in the claim.
Emotional Loss
The law also looks at emotional loss, not just its financial impact. This can include the loss of love, companionship, support, and guidance that the person provided. If the person who died was a partner, a parent, or a child, the emotional damage runs deep, and the law takes that into account.
Who Has the Right to Make a Claim and Sue for Damages?
Usually, the people who were closest to the person who died can make a claim. That typically includes the husband or wife, the children, or sometimes the parents. In some cases, a de facto partner may also be able to claim, as long as they can prove the relationship was genuine and long-term.
Each state and territory in the US has its own rules about exactly who can file the claim. In some places, siblings or even dependents who aren’t direct family members might be allowed, but that depends on the laws in your area. A lawyer who handles fatal car accident cases will know exactly how it works in your state and can explain your eligibility clearly.
What’s the Process for Filing a Claim?
The process involves a few key steps, and it’s usually best to have a lawyer guide you through it. These cases involve a lot of paperwork, negotiation, and deadlines, and a lawyer will make sure nothing important gets missed.
The first step is gathering evidence. This includes medical records, police reports, statements from witnesses, and sometimes expert reports about how the crash happened. This information helps prove that the accident was caused by someone else’s actions.
Then, with a lawyer’s help, the claim is prepared and submitted to the right insurance company or legal body. This might involve negotiating with the insurer or, in some cases, going to court if a settlement can’t be reached.
Throughout the process, the goal is to make sure all the financial and emotional losses are properly documented and valued. That way, the compensation amount reflects the true impact the death has had on the family’s life.
