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Fatal Car Accidents
When a loved one has died in an auto accident, a lawsuit can't undo the pain, grief, and sense of loss that accompanies the death of a loved one.
If another driver's negligence caused the death of someone you love, you may be able to sue to hold the responsible party accountable.
It's never easy when someone you love dies in a car accident, especially when it was possibly preventable.
The legal team at Lawsuit Legal has a hard-won reputation fighting complex injury and death cases.
In the aftermath of a fatal crash, taking legal action isn't just about the money.
The trial-tested fatal car accident lawyers at Lawsuit Legal have a winning track record of helping grieving families navigate the complicated civil law process after a deadly crash.
Car accident deaths devastate surviving families and leave family members struggling to cope with the loss.
In our experience, the aftermath of a deadly collision caused by another driver's carelessness is a time filled with grief and anger.
Fatal car accident cases require a unique approach.
Let us help you obtain justice. Contact us for a free consultation to review your legal options.
- Over $100 million won for injury & accident victims
- Trial-tested w/ award-winning track record fighting for the injured
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What is a Wrongful Death Claim?
When overt negligence, reckless behavior, or intentional actions of another party cause a person's death, in most cases, the next of kin can file a wrongful death claim.
The civil lawsuit seeks to compensate the surviving dependents or beneficiaries, entitled to monetary damages due to the defendant’s conduct.
Whether the accident victim was killed in the wreck or died later from their injuries, it can give rise to a wrongful death claim.
As a general rule, any death that occurs due to the negligence of another person or entity will qualify if you have standing to bring legal action.
The laws surrounding how wrongful death cases are handled vary from state to state. Not all circumstances constitute a wrongful death under the law.
A successful wrongful death car accident lawsuit seeks to compensate next of kin for the medical expenses and other damages incurred due to the crash.
In some cases, suing for wrongful death is the only way to hold the responsible party accountable when the accident was caused by overt negligence or recklessness.
"Deadly car accidents give rise to complex legal matters and require unique expertise to navigate the legal process successfully."
Common Causes of Fatal Car Accidents:
- Speeding and Reckless Driving
- Drunk Driving DUI
- Distracted Driving
- Traffic Law Violations
- Road Conditions / Inclement Weather
- Fatigue
The emotional turmoil when someone passes is magnified by the overwhelming legal challenges that often arise. When you sit down with our fatal auto accident attorney, you can discuss the unique circumstances of your case to review your legal options.
What Happens When Someone Dies in a Car Accident?
Fatal car crashes can be caused by a variety of factors, and the victims can be of any age and background.
After a deadly collision, those left behind are left to pick up the pieces amidst the pain and loss and face a complex process moving forward.
The responsible driver's insurance company may try to avoid paying a fair settlement. In some cases multiple parties may share partial responsibility.
The spouse or estate may face substantial medical expenses, funeral costs, property damage, and other expenses.
This often leaves family members of the decedent facing the financial and legal burdens without the support and income of the one they lost.
Bereavement impacts every area of your life, including your ability to work and handle other obligations.
Family members are often left reeling, coping with grief, looking for answers and a way to move forward.
Most don't know what they are up against until it's too late.
There aren't easy answers. Talk with our fatal accident lawyer and discuss whether taking legal action is the right choice for your family. Compensation can be substantial, with multi-million dollar payouts in some cases, depending on the nature and strength of the case.
Examples of Possible Damages in Fatal Accident Cases
- Any medical bills related to the deceased’s treatment and care
- Funeral, burial costs, and other immediate death-related expenses
- Loss of income and lost future earnings because of the person’s death
- Lost benefits, including social security, life insurance, retirement, savings, and more
- Loss of services managed by the deceased
- Loss of support, companionship, and guidance
- Other intangible losses experienced by family members
- Punitive damages in some cases and jurisdictions
Contact our car accident law firm immediately to discuss the best course of action for your family. Our fatal car accident lawyer can help you obtain maximum compensation for the unexpected losses the crash caused in your life.
How Can a Car Accident Lawyer Help You After a Deadly Crash?
Due to the complexity of death cases, having experienced legal representation is critical. An experienced car accident attorney with experience handling fatal car accidents can take the legal burdens off your shoulders and help your family move forward. When you hire a law firm to handle your lawsuit here's what the attorneys do to help:
Consultation: The best lawyers are dedicated to your well-being are accessible, communicative, and compassionate. During your initial legal evaluation, you can share what happened and get your legal options. This is the opportunity to determine if you have standing to file a claim, assess potential damages, discuss attorney's fees, and next steps. This will include evaluating damages for the family left behind and estimating the potential value of the case after reviewing the details.
Investigation: To settle or litigate your case you must prove your loved one's passing was somebody else's fault. Your legal team will investigate the circumstances of what happened and collect evidence to determine what parties may be responsible.
Prepare a Strong Case: Catastrophic injury cases require unique expertise and knowledge of the law. Your law firm will begin immediately to build a strong evidence-based case with damages that can be clearly communicated in the courtroom if necessary. In cases of gross negligence, punitive damages may be in play.
Trial Representation: While most cases settle without going to court, a fatal accident raises the likelihood of a trial being necessary. Our nationally recognized trial attorneys will represent you in the courtroom if the responsible party refuses to offer a fair settlement amount.
Skilled representation after a deadly accident offers the best chance for next of kin to hold the responsible accountable and get the best possible outcome.
Who Can File a Civil Suit after a Fatal Auto Accident?
Most states recognize the rights of a spouse, children, or blood relative, or the representative of the estate as eligible to file a civil lawsuit after a fatal crash.
We most commonly work with the surviving spouse or children of the deceased, though immediate family members are eligible in most cases to bring forth the lawsuit after a tragic death.
In some states, the estate can file a survival action seeking to obtain compensation the individual would have been entitled if they had not died. A survival action is handled like a personal injury lawsuit filed on behalf of the decedent.
A survival action seeks damages compensation for injuries sustained up until the time of death, including pre-death medical expenses, pain and suffering, and lost wages from the time of injury to when they died.
Where allowed, a survival action claim can be filed in conjunction with a direct wrongful death claim.
Each state has its own rules about who can file a suit and how it is handled.
If you feel you have standing to take legal action after the death of a loved one, call us immediately to review the eligibility requirements for a valid claim.
What Is a Fair Settlement for a Fatal Car Accident?
Generally, the insurance companies would prefer to settle out of court. If your legal team has crafted a compelling case, they know that you will file a personal injury lawsuit and take the matter to trial. To receive an insurance settlement or win a lawsuit, you have to prove the responsible party's fault with compelling evidence. If you win at trial, the insurance company will pay whatever the court awards you. It's a very serious matter when someone has lost their life, and the financial stakes are substantial. Only after reviewing the specific circumstances of what happened and the damages incurred will your lawyer be able to determine what would constitute a fair settlement.
In our experience, if someone died as a result of the crash, the liable parties will fight hard to avoid responsibility.
Standing up to powerful insurance companies and their legal teams requires an experienced law firm with the skill and the means to hold them accountable.
A deadly accident can result from any type of vehicle depending on the speed and circumstances. Passenger cars are especially vulnerable on the roads, and even low-speed collisions can result in fatalities. The position of impact, size of vehicles involved, positioning of the occupants, whether a seatbelt was worn, and the nature of the crash can all factor into the severity of harm caused.
Deadly car accidents including, head-on collisions where vehicles collide front to front, T-bone accidents at intersections when one vehicle strikes the side of another, rollover accidents caused by factors like speeding or abrupt steering maneuvers, and rear-end collisions often result from tailgating or distracted driving. Single-vehicle accidents such as run-off-road crashes and collisions with fixed objects can also be fatal. When the wife and widow comes to us after her husband is killed in a car accident, our lawyers know exactly what is at stake.
Our accident attorneys will work to secure the evidence surrounding the incident to prove the at-fault party should be held liable. Contact us right away after a fatal car accident so we can work to safeguard your right to compensation.
Big trucks and commercial vehicles pose a substantial risk to other motorists when an accident occurs. These cases can be especially complicated and potentially involve interstate insurance, complex state regulations, and vicarious liability. It requires specialized expertise from your legal team to unravel the details to obtain the best possible result.
Deadly truck accidents exhibit many forms, including jackknife accidents where the trailer swings outward at an angle from the cab, rollover accidents caused by factors like speeding or improper cargo loading, underride accidents where a passenger vehicle slides underneath the truck's trailer, and head-on collisions resulting from driver fatigue, distraction, or mechanical failure. Additionally, brake failures, tire blowouts, and hazardous road conditions can contribute to deadly truck accidents posing a serious safety risk for truck drivers and motorists.
Our truck accident lawyers have deep expertise in these special cases and can help you determine your next steps to obtain justice.
Deadly motorcycle accidents can occur in several ways, including collisions with other vehicles at intersections or during lane changes, single-vehicle accidents due to factors like speeding, loss of control, or road hazards, and crashes involving fixed objects such as guardrails or trees. Additionally, accidents resulting from the failure to yield the right of way, impaired riding due to alcohol or drugs, and lack of protective gear can contribute to fatalities. Motorcycle accident victims can suffer catastrophic injuries that may result in loss of life during treatment or in the aftermath of the accident. Extensive injuries can lead to several life-threatening complications during treatment, and victims often succumb despite medical intervention.
Deadly pedestrian car accidents typically involve intersection collisions where pedestrians are struck while crossing the street, pedestrians are hit while walking along roadways, and accidents occur at crosswalks or during right turns. Blind spots and poor visibility, distracted driving or walking, and a motorist's failure to yield the right of way are the most common causal factors we encounter.
At Lawsuit Legal, we know what questions to ask, what evidence to seek, and how to investigate the cause, how to properly gather evidence to determine when motorists have been negligent. Contact us for a free legal consultation to review your case now.
Deadly life-threatening complications during medical intervention for car accident victims can include severe traumatic brain injuries leading to intracranial hemorrhage or brain swelling, massive internal bleeding from organ damage or vascular injuries, acute respiratory distress syndrome (ARDS) due to chest trauma or aspiration of fluids, septic shock from infections in open wounds or compromised immune systems, and organ failure resulting from the cumulative effects of trauma and subsequent medical treatments. Catastrophic trauma can overwhelm the body's ability to recover while undergoing treatment, and gravely injured car accident victims can succumb to their injuries in the days and weeks following the crash.
At Lawsuit Legal, we can help investigate the circumstances of what happened and help you take legal action to hold those responsible parties accountable. Contact us for a free legal consultation to review your case now.
How Long Do I Have to File a Lawsuit After a Deadly Accident?
"When a loved one dies in a preventable accident, outrage is understandable..."
Each state limits the time you may have to file a lawsuit after a fatal accident.
The time limit is set by the statute of limitations, which sets the deadline the courts recognize for the type of claim you are filing. The statute of limitations for a personal injury lawsuit may differ from a wrongful death claim in your state.
Discuss your case with a lawyer as soon as possible to review the time limits set in your state. You must file a lawsuit within your state's statute of limitations, or risk losing your right to sue.
Remember, after a fatal crash, you should contact an attorney as soon as possible. The sooner your lawyer can get to work securing evidence and preparing your case, the better. These are complex legal matters, and it takes time to unravel all the details and prepare for the legal process. An attorney with Lawsuit Legal will be able to help you secure your rights.
A big settlement or financial award doesn't undo the pain, anger, and sense of loss... But it can help provide your family the financial security it needs and serve to hold those responsible accountable for their actions.
How Much Will a Fatal Car Accident Lawyer Cost?
You are under no obligation during your free legal evaluation if it's not in your family's best interest. When you hire a law firm for a car accident case, they typically charge a contingency fee. Typical fees range from 30% to 40% of the money recovered if you win your case. When your case reaches its conclusion, a percentage is deducted from your financial recovery won. You pay nothing out of pocket, and your law firm's costs are deducted from your settlement check.
Be sure to discuss how the payment arrangement with your attorney works when you sit down to discuss your case during the initial legal evaluation. Make sure there are no surprises, and everything is clear before deciding to proceed. Remember, you only pay when and if you recover compensation from an insurance settlement or court award.
Choosing the best lawyer to handle your fatal accident case is important so you get the support you need. The right choice should leave you confident that your interests are aligned and that you've made the best choice for your family.
Let a Fatal Auto Accident Attorney Help with Your Case
After a loved one is lost, we know you are coping with a difficult time. The civil litigation process can be long and challenging. Our nationally recognized fatal car accident attorneys can help you navigate this difficult time. Discuss your claim with our compassionate legal team to determine if it's in the best interest for you and your family to proceed.
You can leave the heavy lifting of the legal process to us while you grieve, confident that you made the best choice to handle your case. Remember, the lawyers at Lawsuit Legal work on a contingency basis, meaning it costs nothing out-of-pocket until we win compensation.
If someone else's negligent behavior caused you to lose someone you love, let us help fight to hold them accountable.
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External Resources
Verdicts & Settlements
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$3.9 Million Settlement Award for Tractor-Trailer Collision at Rail Crossing
- New York Supreme Court, NY (Case No: 240832010) -
$9 Million Settlement Awarded Pedestrian Struck at Railroad Crossing Causing Brain Injury
- Chicago, IL (Joseph A. Power, Jr.) -
$31.5 Million Verdict Against California Rail Agency (Caltrans) To Motorcyclist for Unsafe Conditions
- Superior Court of CA, San Bernadino County, (Case No. CIVVS1002497)