Can I File a Wrongful Death Claim If I Lost Someone in a Fatal Car Accident?


Auto collisions have many far-reaching effects, some of which can alter an individual’s life forever. One of the most tragic consequences that can possibly occur after an accident, though, is that of wrongful death. Loved ones are left without a clear idea of how to act after the incident, as it is difficult to determine the financial losses, let alone the ongoing emotional and psychological impacts that also deserve compensation. If you are looking to hold a negligent driver responsible for the death of a loved one, there are several important steps to follow when filing a claim for your case.

As you prepare to file a lawsuit for wrongful death, first review which individual in your family is eligible to carry out this legal action. Several parties have the legal standing to see this case through, but each to a varying degree. Those who are legally allowed to file a wrongful death claim include:

  • Spouse
  • Children
  • Parents
  • Siblings
  • Grandparents

Spouses and children are typically the first in line for eligibility in filing a lawsuit for wrongful death. When doing so, they can file on their own, or jointly, depending on the circumstances. If they are either unwilling or unable to pursue legal action in this way, then the remaining parties can take up the responsibility themselves. Finally, if the grandparents cannot take on this cause, then the legal right transfers to their descendants.

Keep in mind that, while the children of the victim are able to file, there are some caveats to their ability to do so. If these children are minors, they must have lived with the deceased for a minimum of 6 months, as well as been at least 50% dependent on the individual. As long as they meet these criteria, they can file a claim for wrongful death.

Legal Assistance When Filing for Wrongful Death

A lawsuit for wrongful death, just like any other, requires proof of liability to hold the appropriate party responsible. For this, you will need an accident attorney. Due to the heavy consequences imposed by such an offense, the negligent party is likely to deny all accusations of wrongdoing and make it incredibly difficult for you to win your case. A lawyer will assist you in proving the following to circumvent these efforts:

  • The defendant was acting negligently.
  • The defendant’s negligence was the direct cause of your loved one’s death.
  • You have incurred damages (i.e., pain and suffering, lost wages, funeral costs) as a result of the wrongful death.

Your lawyer will thoroughly investigate the case to ensure that individual is held accountable for their actions and provides the necessary compensation for yours and your family’s recovery. Throughout the litigation process, they will advise you throughout each step of your experience and enable you to resist the efforts of the defendant to deny you justice and compensation. Do not wait any longer to bring yourself and your loved ones’ recompense. Get in touch with a lawyer today to resolve the wrongful death case once and for all.

Leave a Reply

Your email address will not be published. Required fields are marked *