Car accidents are a common occurrence. Sadly, fatal accidents are fairly common as well. Although the family of a person killed in car accident will need time to grieve, it is important for them to remember that there are legal actions that can be taken to help them overcome this tragic situation.
If the car accident that resulted in the death was caused by the negligence of another driver, surviving family members can consider filing for a wrongful death claim. In this blog, we provide important information that surviving family members of fatal car accidents need to know.
Determining Liability
When a person dies in a car accident there is usually some party that can be held liable for the accident that caused their death. To determine the liable party, you will need to find out what factors and acts of negligence contributed to the accident.
For example, if the other driver was intoxicated or using excessive speeds, the argument can be made that their actions were negligent and contributed to the crash that ultimately led to the death of the other person.
Sometimes a police report from the accident will directly assign blame on the other driver. In more complicated cases, forensic evidence and witness testimony might be required to establish liability.
Proving A Wrongful Death Claim
In order to a wrongful death claim to be successful, three elements of the case will need to be present. First, the death has to have been caused by the accident. The fatality can occur at the scene of the accident or can occur days later because of injuries sustained in the accident.
The claim will also need to prove the accident was caused by the other driver’s negligence. There are a number of ways that a driver can be negligent, so having credible evidence to substantiate the claim will make the wrongful death case stronger.
The last aspect of a wrongful death claim is to prove the monetary losses that were caused by the accident. This can include:
- Medical Expenses
- Lost Wages From the Deceased
- Unexpected Costs of a Funeral & Burial Service
Monetary damages awarded from a wrongful death claim can provide surviving family members with relief that they might badly be in need of.
Have you lost a loved one because of a car accident? Contact our Austin team of wrongful death attorneys to schedule a free consultation today.
