Car accidents are the leading cause death in children and young people in the U.S. and the leading cause of accidental death in Americans overall. If you have lost a loved on in a car accident you may be entitled to compensation through a wrongful death lawsuit. It is not something most people want to think about during their time of grief, but if you put it off you and your family could suffer long term hardships that might have been avoided.
Complex Auto Accident Cases
Families often travel together and you may be trying to recover from your own injuries or helping others during their recovery as well as coping with the loss of a spouse, parent, sibling, or child.
Wrongful death cases often start out as personal injury lawsuits. Auto accident deaths are not always instantaneous. You may be facing huge medical bills in addition to the loss of a loved one and all of the tragedy and financial burden that entails.
Some cases involve complicated and misleading circumstances. If you were driving at the time of the accident, you may even be facing criminal charges. If the accident was caused by a defective roadway or defective vehicle , it may appear that you were at fault when you were not. Thoroughly investigating and proving that you were not at fault becomes critical both to your criminal case, in securing the compensation you and your family need to move forward after the death of a loved one, and possibly to prevent more accidents and deaths from the same defect in the future.
Causes of Wrongful Death in Auto Accidents
While many auto accidents are straightforward, caused by negligent drivers, there are many other causes of wrongful death in a car accident that may need to be considered in your case, including:
- Defective vehicle
- Defective roadway
- Errors or misconduct on the part of ambulance personnel or other first responders
- Police misconduct during a chase
- Emergency room errors
Understanding Wrongful Death
A wrongful death lawsuit is a civil suit, not a criminal case. This can be frustrating and confusing for loved ones of the deceased. In a wrongful death lawsuit, no one goes to jail for their actions. They can only be held financially responsible. The damages that you are awarded if you win your case are meant to compensate you for your loss, not to punish the responsible party. In some cases punitive damages may also be awarded.
Compensation is a difficult subject when talking about a loved one who has passed away. There is no amount of money that can replace that person; however, you may receive compensation for emotional pain and suffering. Depending on the nature of your relationship to the deceased, damages can also include lost:
- Financial support
- Services (such as childcare and running the household)
- Companionship
- Protection
- Instruction and guidance (when a parent is lost)
