Looking for an accident attorney who will fight to get you the most money possible after a fatal car accident?
Most of us know the pain of losing a close family member or friend. Still, many of us cannot imagine the utter shock and heartbreak that a family feels when they learn that a loved one has died in a fatal automobile accident. The unimaginable trauma can leave a family at a total loss, and learning that the other driver is at fault can make it even more difficult to cope. If someone is to blame for the loss of your loved one in a fatal car crash, then you should consult with an experienced attorney who can explain your options with patience and compassion. This article will provide you with a basic understanding of what you can expect should you decide to bring a claim against the other driver.
Call My Rights Law – Experienced Fatal Car Accident Lawyers Today
When you hire a skilled injury lawyer from My Rights Law, you could get up to ten times more then the original insurance offer. The top-notch car accident lawyers at My Rights Law are devoted to helping clients (families of the victims) get justice and compensation in car accident claims. With your consultation, we will evaluate the circumstances which resulted in your loved one’s death, including a review of the police report and any statements from witnesses, and advise you on your options. Most wrongful death cases stemming from fatal car accidents are handled on a contingency fee basis, so attorney’s fees are not due unless you obtain a recovery in your claim or lawsuit. We strive to get you and your family maximum financial compensation in your fatal auto accident case. Do not make the mistake of hiring just any law firm to resolve this type of matter. Call one of the best car accident lawyers. To speak with My Rights Law’s skilled auto accident attorneys regarding a fatal accident that claimed the life of your loved one, call (888) 702-8882 or leave a message on our secure web form.
Fortunately, traffic-related fatalities have been dropping over the past few years. The National Highway Traffic Safety Administration reported a drop of 2% between 2018 and 2019. Nationwide, passenger vehicle occupant fatalities dropped by 2.8%, pedestrian fatalities dropped by 2.7%, cyclist fatalities dropped by 2.9%, and drunk driving deaths dropped by 5.3%. Despite the encouraging changes, traffic fatalities remain one of the most likely causes of accidental death in the United States.
What Are The Common Causes Of Fatal Car Crashes?
There are many causes of car accidents, and nearly all of them can lead to fatalities in the right set of circumstances. Even a typically responsible motorist can make a fatal mistake if they fail to pay attention to the road for even a few seconds.
Some of the top causes of severe car crashes include the following:
Thousands of people are killed in car accidents involving drunk drivers every year. These accidents are often among the most severe crashes on the road. Though its risk is often overlooked, speeding is also a big contributor to deadly accidents – motorists are constantly driving recklessly. People often forget just how dangerous it is to violate a speed limit. When you travel too fast for the road conditions or above a posted speed limit, you reduce the amount of time that you have to react should a hazard suddenly arise. Also, speeding may minimize the effectiveness of the safety features in your vehicle.
Most drivers understand but don’t fully appreciate the perils of distracted driving, especially using a cell phone or texting while driving. Despite their awareness of its dangers, many drivers still feel the need to send a text while operating their vehicle. Research shows that, on average, a person removes their eyes from the road for five seconds at a time to read or write a text message. In that short amount of time, you can travel the length of a football field and miss the signs of an upcoming hazard.
Any drivers who engage in the above dangerous behaviors are at risk of causing severe crashes. Although weather and vehicle malfunctions can also lead to traffic accidents, statistics indicate that driver error is the leading cause of collisions. Most of these tragedies are entirely preventable.
What Is A Fatal Car Crash Wrongful Death Claim?
If a driver was negligent and caused a deadly car accident, the law may provide a way to hold that person accountable. Car crashes, workplace accidents, and medical malpractice are among the incidents that lead to many wrongful death claims.
When pursuing a wrongful death claim, families are seeking financial compensation from the defendant. Sometimes, a wrongful death action may be brought against a person who is also facing criminal charges. It is important to note that the two cases—civil and criminal—are separate and have different standards for proving fault. Unlike a criminal case, in which the prosecutor must prove that the defendant is at fault beyond a reasonable doubt for the defendant to be found guilty, the civil claim for wrongful death would only require you to show the court that it is more likely than not that the other driver’s negligence caused the death. In short, even if the driver does not get convicted in the criminal case against them, you may still be able to succeed in your civil case and get some compensation for your loss.
Who Can File A Wrongful Death Claim?
Most states do not allow just anyone to file a wrongful death lawsuit following a car crash. Individuals who are allowed to bring a lawsuit may include the victim’s spouse or domestic partner, the victim’s children, and the victim’s grandchildren if the child of the victim is deceased. If a victim were to die without any of these relations, a person who would inherit the victim’s property might be able to bring a claim. For instance, the parents or siblings of the person who died may be permitted to file a claim.
The law also sometimes allows certain individuals to bring a wrongful death claim if they can show that they were financially dependent on the victim. For example, the decedent may have been living with someone who mistakenly believed that they were legally married to the decedent. The law calls this person a “putative spouse.” In some states, the children of the putative spouse, the deceased person’s stepchildren, or a legal guardian of the decedent may also be able to pursue legal action if they were financially dependent on the victim.
If you have questions regarding whether you can file a wrongful death lawsuit based on the death of a loved one, you should contact a wrongful death lawyer to discuss your claim.
What Damages Can A Family Recover After A Fatal Crash?
The damages in a wrongful death claim will be different from those in a personal injury case. In a personal injury claim brought by the victim themself, most of the damages relate to losses that affect that person individually, such as medical bills, lost wages, and personal pain and suffering. However, in a wrongful death claim, the victim is no longer alive to require payment for future medical expenses or other financial losses. They are no longer alive to experience pain and suffering.
Damages in a wrongful death claim may include economic losses as well as non-economic damages. Damages that fall into the economic category include compensation for:
Medical bills incurred by the victim due to the accident
The financial support and benefits that the victim would have contributed to the family if still alive
The value of services the victim would have provided to their household (e.g., if the victim did all of the cleaning, the reasonable cost of a housekeeper to do the same)
Funeral and burial costs
The court may also allow family members to recover non-economic damages to compensate for emotional losses they have suffered due to the loss of their loved one. These damages may include the loss of:
In the case of a spouse or romantic partner, the court may allow damages to compensate for the loss of the enjoyment of intimacy with the victim. In some states, there is no cap for wrongful death damages. The courts, therefore, have significant discretion in awarding compensation in these cases. It can be challenging to estimate the number of damages related to non-economic losses, as they are intangible losses with no monetary value. An experienced attorney can help to value your losses and to seek the highest reasonable compensation given the facts of the situation.
What Is Comparative Negligence?
One issue that frequently impacts the number of damages that a family may receive in a case is comparative negligence — that is, multiple parties’ relative negligence that contributed to the accident. Some states use pure comparative negligence. This means that if a person suffers injuries or dies in an accident that they are partly at fault for, they may still recover at least some of their damages as long as another party also shares liability.
Many states practice modified comparative liability, which allows a plaintiff to recover damages as long as they are 50% or less at fault for their own injuries. In contrast, pure comparative negligence law allows victims to recover even if they are 99% at fault for their injuries.
Although you may still file a claim if your loved one is partly at fault for the accident that caused their death, the court may reduce the damages that you could receive to reflect their share of fault. The total damages would reflect a reduction based on the percentage of fault the court assigned to the victim. For example, the court may decide that your family member was 90% at fault for the accident and that the defendant was only 10% to blame. In a case in which the damages are estimated to be $1,000,000, you might be able to recover $100,000, or 10% of the total damages.
When it comes to car crashes, comparative negligence is a significant factor that the court must often consider. For instance, it is easy to imagine a situation in which one driver violates a traffic signal, such as taking a left turn when the arrow is red, while another driver speeds from the other direction and crashes into the turning vehicle. In that situation, both drivers caused the accident by their negligent, unlawful actions. It can be difficult to sort through this information following a crash. You should always speak to an experienced car crash lawyer to discuss how the negligence law will apply based on the facts of your case.
What Are The Time Limits For Filing A Lawsuit?
As with most legal matters, most states place a time limit on filing wrongful death lawsuits. The statute of limitations requires you to file your claim within a short period of the date of the victim’s death. It is important to note that the statute begins to run at the time of death and not on the accident date. So, if your loved one was in the hospital for several weeks after the collision but then ultimately died because of injuries from the accident, you would have a short period from the date that they died to file a lawsuit, even though the accident was weeks prior.
If you fail to file your wrongful death claim within this time limit, you may lose the right to file a claim. For this reason, you should speak with an attorney as soon as possible following the death, as they will need time to gather evidence and form their case strategy.
Fatal Car Accident Lawyer FAQ
What Should I Do If My Loved One Was Killed In A Car Accident?
If your loved one is one of the fatal car crash victims, then to protect the value of your car accident lawsuit, it makes sense for you to promptly get a free consultation with qualified car accident attorneys. A case evaluation with a knowledgeable automobile accident lawyer allows you to determine your legal options. My Rights Law is a personal injury law firm whose objective is to help the families of fatal car accident victims obtain compensation and justice. Our law firm is ready to handle your case.
How Can A Fatal Car Crash Lawyer Help My Family And Me?
An experienced car accident lawyer, or a personal injury attorney who is experienced with auto accident cases, can help clients and their families get financial compensation from those who are to blame for the incidents. Because accident lawyers know a lot about car accidents laws, and they often bring all sorts of car accident lawsuits on behalf of victims, they know the legal system and how to negotiate with defendants and their insurance companies. Remember that insurance companies have experienced car accident lawyers representing them when it comes to car crashes and other motor vehicle accidents. You will want a firm of skilled injury lawyers who are ready to stand up to the insurance company in your motor vehicle accident case.
A free initial consultation with a car accident attorney will enable you to establish whether you have a viable claim and how you should proceed. The attorneys at My Rights Law know about complex automobile accident laws. The firm provides its clients with a free consultation to help them understand their legal options. My Rights Law is a highly regarded law firm. Our firm treats clients like family. We take the attorney client relationship seriously. Our car accident lawyers will do everything in our power to help every one of our injured clients in getting compensation and justice for falling victim to a car wreck.
Terminology Of Car Accidents
Car accidents are often referred to as automobile accidents, auto accidents, car wrecks, car crashes, motor vehicle collisions, motor vehicle accidents, motor vehicle crashes, vehicle collisions, and vehicular accidents. Typically, an auto accident involves one motor vehicle crashing into another vehicle (e.g., a rear end car accident; head on collisions; T bone accidents). In some fatal accidents, there could be many vehicles involved. Certain auto accident victims suffer serious injuries (e.g., broken bones, back injuries, spinal cord injuries), which eventually result in death. Other victims die on impact. Car accident lawyers represent the families of those victims.
What Kind Of Damages Can The Victim’s Family Get For Bringing A Lawsuit?
By having a qualified lawyer represent you (the family member) in a potential wrongful death lawsuit, you could get various types of economic damages which can cover things like medical bills that the victim incurred because of the accident; financial support, and benefits that you would have received from the victim if they were alive; financial compensation for the loss of services that the victim provided; and coverage for funeral and burial costs. Non-economic damages are also potentially available to you for the loss of the victim’s care, love, and companionship. Some fatal car accident cases are worth millions of dollars.
Oftentimes, the insurance company that insures the defendant in an insurance claim might offer less money initially, but those settlement offers can increase drastically, especially with auto accident claims involving fatalities. Car accident lawyers should know how to successfully negotiate with an insurance company to get your family the compensation it deserves. Fatal car accident attorneys will demand fair treatment of you from insurance companies.
Calling A Lawyer
If one of your family members has sustained severe injuries or death because of a car crash, then touch base with a car accident attorney who specifically knows about car accident laws, who offers free consultations, and who will go the extra mile for their clients. A free consultation with an automobile accident attorney can enable car accident victims and their families to know what their legal options are. Each car accident lawsuit is different.
My Rights Law’s Fatal Car Crash Attorney
If you lost a loved one in a fatal car accident that may have been caused by another person’s negligence, you should contact a lawyer with experience in wrongful death claims. The attorneys at My Rights Law are adept at bringing personal injury lawsuits and wrongful death claims. We understand the unique type of devastation and grief that families experience following the unexpected, potentially preventable death of a loved one. While no measures we can take would ease that pain, we want to try to help you to get the compensation that you deserve to relieve some of the financial stress caused by your loss. Get in touch with My Rights Law by calling (888) 702-8882 or by contacting us online to discuss your options with a compassionate, experienced attorney.