Wrongful Death Lawsuits for Car Accidents

Sometimes, the worst happens, and we lose a loved one in a car crash. This leads to a roller coaster of emotions as you deal with the sudden loss of someone who was so important in your life. A natural emotion and thought is to seek justice on the deceased person’s behalf. In legal terms, this is called a wrongful death lawsuit. However, there are rules on who can sue when someone dies in an auto accident. 

Is There Legal Recourse When Car Accidents Result in Death?

A fatal car accident has far-reaching impacts beyond the individuals driving the vehicles involved in the accident. Often, those closest to the deceased want some form of justice for the loss of their loved one. To achieve this, they must go through the legal system. To receive compensation, you need to have an enforceable legal claim. 

To allow individuals to sue for wrongful death, the law imposes a duty of care on all motorists. When driving, you have a duty to operate that vehicle safely, responsibly, and in accordance with traffic laws. One of the most common reasons for car accidents is drivers failing to perform this duty. 

Individuals injured in a car accident potentially have a personal injury case. However, a deceased person cannot file an insurance claim or lawsuit. A wrongful death claim lets someone else file a claim and lawsuit on their behalf. Justin Pimenta, who represents personal injury clients in Tampa, Florida, explains who is generally eligible to file a wrongful death lawsuit. “The personal representative [can sue]—whoever the personal representative is, from a family member to someone appointed by the court.”

Can You Sue Someone for Killing a Family Member in a Car Accident?

Wrongful death lawsuits are not available to everyone. Each state has its definition of eligible individuals. Generally, a spouse, immediate family member, or the deceased’s estate representative can file a wrongful death claim. Immediate family is generally defined as a spouse, parents, and children. This means that distant relatives can’t capitalize on a tragedy by filing wrongful death lawsuits. If you are unsure if you qualify, speaking with a wrongful death attorney can help you understand your legal rights. 

You will also need to file a lawsuit against the correct party. Some states operate under a no-fault system. In no-fault states like Florida, drivers file their claims with their insurance company under their personal injury protection (PIP) policy coverage. In fault states, you will file a claim with the at-fault party’s insurance. 

You may also be able to file a civil lawsuit against the at-fault driver. However, this is dependent on the other party being the negligent driver. A family cannot sue someone for wrongful death when the at-fault driver dies.

Naming All Potentially Liable Parties

Speaking with a lawyer is important before filing your lawsuit. You will want to make sure you name all potentially liable parties in your wrongful death lawsuit. While the other driver is an obvious choice, other parties may also need to be named. Depending on the facts of the car accident, the driver’s employer, vehicle manufacturer, or someone serving the at-fault driver alcohol could also be liable. 

What Should I Do if Someone Dies in a Car Accident?

What you should do after someone dies will depend on the circumstances surrounding their death. If someone dies at the accident scene, you must notify authorities immediately. All states have a law that requires drivers involved in an accident to notify emergency services when someone dies. 

In some situations, the individual survives the car accident but dies later as a result of their injuries. The surviving family members will need to notify the insurance company. They will also need to begin the probate process for distributing the deceased’s estate and paying creditors any outstanding debts. 

How Long Do You Have To File a Wrongful Death Claim?

All states have a statute of limitations for how long you have to file your wrongful death suit. You must file your lawsuit before the statute of limitations expires, or you will be barred from recovery.

The amount of time you have to file can vary significantly from state to state. Some states, such as Kentucky, Louisiana, and Tennessee, have a timeline as short as one year. The majority of states have a deadline of two or three years, and many states have different statutes of limitations for personal injury claims and wrongful death claims.

Do not assume that you know your state’s statute of limitations. Although wrongful death is a personal injury claim, many states have different statutes of limitations for different types of claims. These differences can directly impact your ability to file a claim. Speaking with a wrongful death lawyer as soon as possible will help you protect your legal rights and give you the greatest number of legal options for recovery. 

What Are the Steps in a Wrongful Death Lawsuit?

The first step in filing a lawsuit is to speak with a wrongful death attorney. They will explain the applicable law in your state and determine if your situation qualifies. This typically takes place during a free case evaluation. 

Pimenta discusses how a wrongful death lawsuit works when the at-fault driver is also facing criminal charges as a result of a car accident. “I think the criminal court tends to move faster than the civil court. But the at-fault driver would be facing both civil and criminal legal proceedings simultaneously.”

1. Discovery Phase

During the discovery phase, you or your attorney will gather as much evidence as possible to support your claim. You must have evidence to prove the four elements of wrongful death: 

1. The defendant failed to act with an ordinary duty of care or intentionally acted to cause harm;
2. Another person’s death; 
3. The death resulted from the negligent actions;
4. The person’s death caused their family to suffer a loss. 

Evidence can take various forms, including proof of payment, receipts, medical treatment records, witness statements, pictures, videos, and property damage repair estimates. In some cases, expert witnesses or accident reconstruction specialists are appropriate. 

2. Mediation/Settlement Negotiation

Depending on the rules of civil procedure that govern the jurisdiction where your case is, you may have to go through a mediation or negotiation phase. This is to reduce the caseload of cases that go to trial. If the parties can agree on a wrongful death settlement, the lawsuit ends here. 

3. Trial

The trial phase of a lawsuit is when the parties’ attorney present their arguments in front of a judge or jury. A ruling of fault is made, and damages are calculated. At the end of the trial, a ruling will outline the outcome of the trial. The ruling could be in either party’s favor. 

Pimenta discusses the likelihood of a wrongful death claim going to trial. “They’re probably less likely to go to trial because of the amount of damages involved. No one wants to put a bereaved spouse on the stand and have them experience the pain all over again.“

4. Appeal

If you do not like the trial’s outcome, you may have a case for an appeal. While you can’t appeal simply because you don’t like the outcome, several legal arguments may be available on which to base your appeal. 

What Types of Financial Compensation Are Available?

Economic and non-economic damages are available in a wrongful death claim. Economic damages can be easily defined by documented records, such as medical expenses, lost income, and property damage. Non-economic damages do not have a defined dollar value and require supporting evidence. An example of this would be pain and suffering.

Some states allow punitive damages in rare situations. Generally, the facts of the car accident case must show extreme gross negligence or intentional misconduct, as punitive damages are a punishment for the at-fault driver.

Some types of damages available in a wrongful death claim are not available to other types of personal injury claims. In addition to the incurred medical bills, burial expenses and funeral costs can also be included in the damages. Family members can also seek damages for loss of consortium or loss of companionship. In some states, family members can also ask for compensation for the lost future earning potential of the deceased family member. This helps compensate a family for the loss of future financial contributions that the family would have made. Some states also allow children to seek damages for the loss of parental nurturing and guidance. 

How Do Car Insurance Claims Work After the Death of the Policyholder?

The car insurance company will cancel the policy when it is notified that the individual policyholder has died. The company does not know someone died until it is notified. Generally, you will file the claim and then provide documentation that the individual died. 

Claims under the policy will still be processed like any other insurance claim. This is because the insurance company must still provide coverage for accidents that result in loss during the coverage period. The company doesn’t get out of providing compensation simply because the policyholder died. 

A family member or the estate executor will file the claim on the decedent’s behalf. If there are no other individuals listed on the policy, any payments made by the insurance company would go to the driver’s estate. There can be some challenges when processing the claim, and working with an experienced lawyer can help make this process proceed smoothly. 

Finding Legal Help With a Wrongful Death Lawyer

Experiencing the sudden loss of a loved one to an auto accident changes your entire life. As a family member of the deceased driver, you may have a legal right to seek damages. Not all personal injury lawyers represent clients in wrongful death cases. Speaking with a potential attorney for a free case review can help you find the right lawyer for your situation. 

Visit the Super Lawyers directory to search for a personal injury lawyer who focuses on wrongful death claims.