Car accidents can occur at any time and change lives forever. If a loved one has lost their life due to a negligent or reckless driver, it’s an extremely difficult situation to process. Among the grief and loss, there are also legal issues that need to be addressed. This is when contacting an experienced fatal car accident lawyer can help guide you through the intriguing legal process and fight for the compensation you deserve.
Do You Need a Lawyer if Someone lost their life in a Car Crash?
The short answer is yes, you will likely need an attorney if the accident results in a loss of life. Here are a few key reasons why:
Experience Navigating Insurance Claims: Auto insurance claims after a fatality can become very complex, with different coverage limits and legal technicalities depending on the policies involved. An experienced car accident lawyer fully understands these nuances and how to maximize compensation for the victim’s family within the policy constraints. They know how to investigate liability and negotiate with insurance adjusters.
Handle Legal Proceedings: If the liable party does not have enough insurance or assets to sufficiently compensate for the loss, the attorney can file a wrongful death lawsuit. They handle all the legal filings, discovery process, depositions, mediation/arbitration, and seeing the case through to trial if needed. This allows the grieving family to focus on coping rather than learning legal procedures.
Determine All Liable Parties: Car crashes often involve more than one vehicle or party. An investigation may reveal additional responsible parties like manufacturers, road crews, or government entities. A lawyer ensures all liable individuals/companies are identified and included in the claim.
Obtain Maximum Compensation: In fatal crash cases, insurance companies want to settle for the minimum, while grieving families need sufficient funds to care for surviving family members. Attorneys are experts at valuing wrongful death cases, including factors like lost financial support, medical/funeral costs, and noneconomic damages. They will fight for the fullest compensation allowed under the law.
Provide Emotional Support: No one should have to deal with legal proceedings alone after such an immense loss. A caring lawyer acts as a liaison between the survivor and the complex legal system, translating technical issues. They also understand how to handle cases sensitively during this emotional time.
For all these reasons, hiring an attorney is usually the best decision after a loved one passes away due to a motor vehicle collision. They level the playing field against major insurers and ensure your family’s critical needs are addressed appropriately.
When Should You Contact a Lawyer?
If the accident involved a loss of life, it’s best not to delay in speaking with an attorney. Certain legal deadlines exist, and evidence can disappear, or witnesses’ memories fade over time. However, here are some general guidelines on when to make initial contact:
Within 24-48 Hours of the Accident
While grieving, the immediate aftermath holds the freshest evidence and recollections. Lawyers want to gather information as soon as possible through police reports, witness statements, photos of the crash scene before it changes, and inspecting involved vehicles if possible. Early contact also allows them to freeze or preserve any relevant digital evidence like cell phone records or surveillance footage.
As soon as the Death Notification Is Made
Upon learning of a loved one’s passing, check if it was due to injuries from an accident. Seeking counsel at this point prevents accidental waiving of legal rights by signing documents without representation. Lawyers should be looped in for all conversations with insurance adjusters or potentially liable parties.
Within the State’s Statute of Limitations
Each jurisdiction imposes time limits, often 2-3 years, to file wrongful death lawsuits after an incident. Talking to a lawyer ensures meeting these deadlines and preserving the option to litigate if necessary down the road. Statutes also regulate when to file certain mandatory pre-lawsuit paperwork like a notice of claim.
When Unsure about Insurance Claims/Offers
Fatality settlements involve high stakes where even small variances in payout amounts can greatly impact survivors. Discussing offers and negotiations with an experienced attorney prevents undervaluing a case due to grief or lack of legal expertise. They can analyze whether proposals reasonably compensate for all damages.
In all cases, seek counsel as expediently as sadness allows. Lawyers require time to thoroughly research complex issues and value compensation appropriately based on individual circumstances. The sooner they’re brought into the process, the more options remain open to obtain full and fair relief under the law.
Choosing the Right Fatal Accident Lawyer
With so much riding on proper representation, selecting an attorney is an important decision that requires due diligence. Here are some key qualifications and factors to consider:
Experience Handling Fatality Cases
Ask potential lawyers how many wrongful death cases they’ve personally handled and litigated to successful conclusions if required. Thorough experience dealing with fatal crashes translates to a thorough knowledge of applicable laws, insurance policies, and valuation tactics. Someone just starting out may lack familiarity.
Board Certifications/Specializations
Look for certifications in personal injury or civil trial law from reputable organizations like the National Board of Trial Advocacy. Some states offer advanced specialization designations after meeting competency benchmarks. These validate an attorney’s expertise in handling complex cases from start to finish.
References from Past Fatality Clients
Positive testimonials from grieving families navigated through the legal system before can help gauge bedside manner and litigation results. Reach out privately to past clients about satisfaction with services, explanations, and emotional support provided during difficult times.
Location and Accessibility
While experience trumps location, proximity still matters for in-person meetings during the investigation and pre-lawsuit evidence collection phases. Check that the office/lawyer will regularly be available versus outsourcing your case to in-house associates. Communication is key, especially when grieving.
Contingency Fee Agreements
Reputable personal injury attorneys handle wrongful death cases on a contingency basis with no upfront costs. This ensures affordability even without a final settlement. They only get paid a percentage if compensation is obtained, creating proper incentives to fully litigate meritorious claims.
Armed with these criteria, review credentials, rankings, and background checks of several local options before selecting one with confidence. A quality attorney committed to your family’s well-being can make all the difference in difficult days ahead.
How Car Accident Cases Typically Proceed
Here are the typical stages involved in pursuing legal action after a fatal motor vehicle crash:
Initial Investigation
Within a few days, the lawyer will review the case file and evidence like police reports, photos, 911 calls and begin requesting additional documentation via subpoenas. They may also conduct their own witness interviews.
Determining Liability
Using evidence and applicable traffic laws, they evaluate who or what caused the accident—was it driver error, equipment malfunction, road design flaws etc? Experts may be consulted.
Filing a Notice of Claim
Mandated paperwork informs potential defendants of intent to seek damages, starting the clock on pre-litigation deadlines if needed.
Insurance Claim Negotiations
If liability is clear, the attorney deals directly with insurance adjusters to obtain full and fair policy limits for all involved parties without a protracted legal battle.
Medical/Autopsy Records
Obtained to document all injuries and causes of death conclusively for proper valuation according to jurisdictional guidelines.
Independent Medical Evaluations
If litigation inevitable, experts examine records to support damages for things like lost earning potential or noneconomic factors like loss of companionship.
Mediation/Arbitration
Depending on cooperation, these alternative dispute resolutions may be attempted to avoid a costly court battle.
Filing the Lawsuit
When negotiations fail, a formal wrongful death complaint gets filed, including all evidence, experts, and legal arguments that have been built up to date.
Discovery & Depositions
Each side can request documents/evidence and question opposing parties/witnesses under oath to prepare for trial.
Settlement or Trial
Cases typically resolve in a settlement. If not, a jury/judge determines liability and damages after presentations of all accrued evidence/testimony.
Closure
Upon resolution, funds get disbursed according to a state’s laws governing wrongful death awards and estate distributions. Closure, as much as can be found.
Most grieving clients seeking guidance at this difficult time want their lawyer to fully explore every possible avenue for appropriate relief and closure to their tremendous loss. An experienced advocate understands all the procedures to obtain this.
Factors Considered in Valuing Wrongful Death Cases
When determining potential compensation amounts for wrongful death lawsuits, several factors must be accounted for as mandated by individual states’ statutes. Common considerations include:
Economic Damages
- Lost financial support: Decedent’s current/future projected earnings, Social Security, and retirement funds that survived dependents relied on. Calculated by economists based on work history, age, health, and life expectancy.
- Medical/funeral expenses: All costs directly attributed to treating injuries and end-of-life arrangements are not covered by other sources.
- Loss of household services: For at-home duties the deceased provided like childcare, cooking, cleaning valued at typical rates.
- Lost inheritance: What the dependents would have received from the decedent’s estate had they lived out a normal life expectancy.