Legal Remedies for Fatal Car Accidents

Fatal car accidents have serious and long-term ramifications, both for the surviving family members of the decedent and for the liable party who caused the accident. The legal term for the personal injury claim is wrongful death. Such a suit may result in significant compensation for the family’s loss, as well as the suffering of the victim before they died.

Wrongful Death Actions

Wrongful death actions may be brought as a result of many kinds of accidents and injuries, including:

• Automobile accidents

• Medical malpractice

• Workplace accidents

• Criminal behavior

A fatal traffic accident can also be caused by a wide variety of reasons, often falling into some general categories, such as:

• Reckless driving

• Speeding

• Driving under the influence of alcohol or drugs

• Distracted driving (these days, often including using a cell phone or texting)

• Mechanical failure

• Fatigue

• Driving conditions, including bad weather

If any of those causes can be traced to the negligence of a driver, the surviving family may have the right to file a claim for compensation in a number of areas, such as medical expenses, funeral expenses, loss of support, loss of services, lost prospect of inheritance, and more. These damages may vary greatly depending on the age of the decedent, the number and ages of the surviving family members, valuation of the decedent’s services to the family, and much more. These types of compensation may require the testimony of an expert at determining the financial assessment of someone’s life and contributions to the family.

In addition, some, but not all, states allow awards for punitive damages when the negligence was malicious or willful.

Filing a Wrongful Death Claim

In order to pursue a wrongful death claim, there must be some evidence that the defendant acted negligently. That means that they either carelessly, unknowingly, or willfully, failed to show reasonable care in their actions in relation to the decedent.

Most states also have some type of comparative fault laws governing how to determine compensation when the victim was partly at fault. There are three general types of comparative negligence, although many states have developed their own variations of these laws:

• Pure contributory negligence – whereby the victim collects no compensation if they contributed in any way to the accident and their own injuries

• Pure comparative negligence – whereby a victim may receive the percentage of compensation comparable to their proportion of fault

• Modified comparative negligence – whereby the victim may only collect compensation if they are less than 50% liable for their own accident and injuries

In the case of a fatal accident, that percentage of negligence applies to the surviving family members and the representative of their estate.

Getting Legal Help with Fatal Car Accidents

There are many emotions involved in fatal car accidents, and it may be difficult for the surviving family members to pursue a case for wrongful death effectively without help. A skilled wrongful death attorney can provide the support and guidance these family members require to receive the compensation they deserve.