January 26, 2023 | Wrongful death

Car accidents are devastating not only to the victims of the accidents but also to their loved ones. They are especially traumatizing when the victim of the accident dies as a result of injuries sustained in the car accident. When a death in a car or truck accident occurs as a result of injuries suffered in an accident caused by a negligent or reckless party, a wrongful death lawsuit may be filed. Below, we discuss what wrongful death accidents are, who can be held liable and who can file a wrongful death lawsuit.

What is a Wrongful Death?

Wrongful deaths are legal claims that arise when a person dies as a result of the negligent, intentional or reckless actions of another party. Wrongful deaths are civil lawsuits that hold the negligent or reckless party liable for the death of another party. The liable party does not face criminal penalties in the wrongful death lawsuit. They instead face financial liability and may be required to pay financial compensation to the survivors of the deceased.

There are instances where the liable party faces both a civil lawsuit as well as criminal prosecution for the death of a person. However, this is rare in the context of wrongful deaths involving car accidents.

In order to be successful in a wrongful death claim for a car accident, you must prove:

• Duty of care – for example, you must show that the driver responsible for the car accident that caused the death of your loved one had a duty not to operate their vehicle while under the influence of alcohol.
• Breach of duty – For example, you must show that by drinking and getting behind the wheel of their vehicle to drive, the defendant breached their duty of care to your loved one and other motorists. You may need to provide blood tests showing that their blood alcohol concentration was above the legal limit at the time of the accident as evidence of this.
• The breach of duty resulted in the death of your loved one – for example, you must show that had the at-fault driver not have been driving under the influence of alcohol, the fatal accident would not have occurred.

An experienced wrongful death attorney can help you prove your case and recover compensation for your damages and the loss of your loved one. Contact us to schedule free consultation with an experienced wrongful death attorney.

Causes of Wrongful Death Car Accidents

If your family member has died as a result of injuries suffered in a car accident caused by the negligence of another party, you may be able to file a wrongful death claim against the at-fault party. There are many causes for fatal car accidents including:

• Distracted driving
• Poor weather conditions
• Driving while under the influence of drugs or alcohol
• Driver fatigue
• Reckless driving
• Defects on the road
• Car manufacturing defects

In order to file a wrongful death claim, you must prove the elements outlined in the previous section no matter the cause of the fatal accident.

There are various parties that can be held liable in a wrongful death accident. These include:

• the driver
• The car manufacturer or the manufacturer of a faulty car part
• The trucking company
• A government agency

Working with an attorney will help to establish liability. Your attorney will review your case and determine the cause of the accident. They will establish liability and gather evidence to support your claim.

Who Can File a Wrongful Death Claim?

Different states have different rules governing who can file a wrongful death lawsuit. In most states only immediate family members can file wrongful death claims. These are considered the survivors of the deceased. They include the spouse, children or parents of the spouse. In some states, more distant family members such as grandparents can file a wrongful death claim.

It is important to speak with an experienced attorney. Your attorney will review your case and determine whether you are eligible to make a claim.

What Compensation is given for a Wrongful Death Accident?

Every wrongful death claim is different. It is therefore difficult to determine the exact amount you will receive as compensation or what type of compensation you can pursue. It is best to have your case reviewed by an attorney. Some examples of compensation available for wrongful death accident claims include:

• Medical bills for the treatment of the injuries your loved one suffered as a result of the accident
• Lost wages as a result of your loved one’s inability to work after the accident until their death
• Loss of future earnings
• Loss of service and care
• Loss of consortium or companionship
• Funeral and burial expenses
• Pain and suffering, emotional anguish, trauma and other intangible damages

If you have lost a loved one as a result of a car accident, contact our law firm to schedule free consultation with an attorney from our firm.

Wrongful Death Accident Omaha