Losing a loved one in an auto accident is devastating – no one should ever have to experience the fear and heartache associated with the loss of life as a result of a collision. Compensation may be the furthest thing from your mind during this time, still, pursuing a claim is important to yours and your family’s ability to recover from the sudden loss. If you have recently lost a loved one in a car accident, you need to be aware of what assistance you are entitled to. Having the guidance of an experienced lawyer can make a world of difference in your experience of the legal process following the incident.
Filing a Lawsuit for a Wrongful Death Case
First, you must be aware of who in the family is eligible to file a wrongful death suit for the loss of your loved one. Members of the family are eligible on varying levels, depending on their relationship with the deceased:
- Spouse and children: These individuals are not allowed to file individual claims, rather, they can file jointly. These are typically the first people allowed the option of filing a lawsuit for wrongful death, depending on surviving parties.
- Parents, siblings, grandparents: If for any reason the aforementioned family members are unable to file suit due to loss of life or them otherwise becoming inapplicable, the parents and siblings of the deceased are allowed to file. Once they are unavailable, the grandparents are next in line, followed by descendants of the grandparents.
If any of the surviving relatives are minors who lived with the deceased individual for at least 6 months prior to the incident and relied on the individual for at least 50% of their support, they are eligible to file a claim.
Once you have been able to determine who of the deceased person’s family will be filing the lawsuit, you will need the help of a lawyer. Wrongful death cases are extremely complex to handle, as they require extensive investigation and require thousands of dollars in the resulting settlements. Having an experienced lawyer by your side can streamline the process and ensure that you gather all the details you need for a strong case.
How a Lawyer Can Help Your Wrongful Death Case
When you file a lawsuit for wrongful death, you will be required to prove the following factors:
- Your loved one died as a direct result of negligence
- The negligence that caused your loved one’s death was the fault of another party
- You experienced damages and incurred expenses from the wrongful death.
Your lawyer will walk you through how to gather the necessary documentation and perform investigations of their own to gather as much evidence as possible to strengthen your case. Once a settlement is determined, your compensation will cover expenses including:
- Medical expenses
- Funeral costs
- Loss of income (as a result of your injuries, or interruptions to normal job activity as a result of funeral scheduling and related activities)
- Pain and suffering
- Loss of inheritance
To learn more about how to go about the process of filing a lawsuit for wrongful death, contact an attorney today.