The sudden death of a loved one shatters the world of those left behind. Spouses, children, friends, and parents all bear an incredible emotional toll. It’s like losing a part of yourself.
Sadly, car accidents are among the most common causes of unexpected deaths. In the US, each year, thousands fall victim to fatal car accidents. According to recent reports from the National Highway Traffic Safety Administration (NHTSA), numbers have unfortunately remained high.
Still, in the case of a fatal car accident, there are ways to recover some revenue, at least. It won’t bring your loved one back, but it will allow you to focus on grief without worrying about finances for a while.
This support can be obtained through wrongful death claims, designed to provide some measure of justice and assistance for those left behind.
In this article, we aim to provide some clarity on what a wrongful death claim is and to whom it applies.
Who Can File a Wrongful Death Claim?
When a fatal car accident claims the life of a loved one, usually, the immediate family members are eligible to pursue a wrongful death claim. Spouses usually stand first in line due to their close personal relationship with the deceased. Children, whether biological or adopted, also hold the right to initiate such legal proceedings.
Parents of unmarried victims may file on behalf of their children as well. In some states, extended family members like siblings or grandparents might have standing if they depended financially on the deceased.
Families need to check state-specific laws governing wrongful death claims since rules vary widely across jurisdictions. Still, when you’re in shock, the last thing you want to do is browse the legal system. This is why it’s best to consult an attorney experienced in this area. They will make sure to secure rightful compensation during this challenging time.
Each situation is unique, which is why it’s important to make sure you understand eligibility requirements so you can ensure justice for your loved one’s untimely passing.
How Long Do Families Have to File a Claim?
Initiating legal action after a spouse’s death in a car accident must occur within the statute of limitations, which varies by state. This legal time limit determines how long families have to pursue justice after losing a loved one in a car accident.
Generally, most states allow a claim to be filed between one and three years from the date of death.
Some exceptions might extend or shorten this period. For example, if new evidence emerges or if the deceased was a minor at the time of passing. These nuances can significantly impact your case’s viability.
This is why, if you want to follow this path, it’s essential to consult with an experienced attorney early.
Essential Elements of a Wrongful Death Case
The first response you have when such a dark event occurs is emotional. You and the family are grieving, and it can become increasingly difficult to process legal matters with a clear mind. Still, if you want to open a wrongful death case, you need to understand its essential elements for eligibility purposes.
For instance, there must be proof that the deceased’s passing resulted from another party’s negligence or intentional act. This could involve demonstrating reckless driving or violations of traffic laws by the responsible driver.
Damages also play a vital role. Families must show tangible losses resulting from their loved one’s untimely demise, such as financial support, companionship, or emotional suffering.
Common Causes of Fatal Car Accidents Leading to Claims
Understanding the frequent causes behind fatal car accidents helps families make sense of these tragic events and strengthen wrongful death claims. Often, these accidents result from a mix of negligence and unfortunate circumstances.
Distracted driving stands as one of the leading culprits. Drivers who text or use their phones divert attention from the road, increasing collision risks significantly. Also, impaired driving due to alcohol or drugs remains another significant factor.
Wrap Up
Many families find some form of solace in understanding their legal rights in the aftermath of such a tragedy. While it cannot replace loss, seeking justice through wrongful death claims ensures accountability and support during such challenging times. Remember, you are not alone.
