What Families Must Do After Fatal Car Accidents

In the aftermath of a fatal car accident, families often find themselves in a state of shock and confusion, faced with the devastating reality of losing a loved one.

This period is not only emotionally draining but also filled with uncertainty about the necessary legal actions and steps to take.

During this challenging time, it remains crucial that families take the necessary steps to assert their legal rights and pursue compensation.

Although this task may appear daunting, it is a fundamental step towards securing financial compensation for related damages, and justice for their loss.

Taking certain steps after your loved one’s tragic death can significantly impact the outcome of any legal actions you may decide to pursue for justice and compensation.

Receive Medical Attention (If You or a Family Member Were Injured)

It’s not uncommon for surviving family members to have been in the vehicle alongside their loved one at the time of the accident.

If this applies to you, prioritizing your health by seeking immediate medical attention is crucial.

Immediate and ongoing medical care after an accident is essential for treating not just the injuries apparent at the moment but also those that might emerge later, as some injuries can take time to manifest.

Beyond addressing your health needs, obtaining medical treatment also creates a vital record of your injuries, which can be crucial if you decide to pursue legal action.

This documentation, including treatment details, medical bills, and other related records, serves as evidence of the injuries sustained and the financial impact they have had, supporting your case in any legal proceedings.

Cooperate With Law Enforcement

After a fatal car crash, it’s essential to cooperate with law enforcement.

Cooperating with law enforcement after an accident is a critical step in ensuring a clear and accurate record of the event is documented.

When officers arrive at the scene, they compile a police report based on evidence, witness statements, and their observations, which becomes a key document in any subsequent legal proceedings.

It’s important to provide them with factual information about the accident without speculating on causes or fault, as this can impact investigations and legal outcomes.

Law enforcement can also facilitate the exchange of necessary information between involved parties and ensure that the scene is safe and secure for emergency responders.

Respecting and following the instructions of law enforcement not only aids in the immediate response to the accident but also establishes a foundation for any necessary legal actions that may follow.

Secure an Accident Report

Securing an accident report is particularly crucial in the aftermath of fatal car crashes, as it plays a significant role in wrongful death claims and investigations.

Compiled by law enforcement officials at the scene, this document details the crash’s specifics, including the identities of those involved, the circumstances leading up to the incident, and any immediate determinations of fault.

For families considering wrongful death action, the police report becomes a key piece of evidence, offering an authoritative summary of the event that led to their loved one’s untimely death.

Police reports or accident reports can typically be obtained from the police department or sheriff’s office that responded to the accident.

Ensuring this report’s accuracy is extremely important, as it forms the basis for legal action aimed at seeking justice and compensation for the deceased’s family.

Handle Logistic Concerns

We understand that families are confronted with not only profound grief but also the necessity to navigate practical matters.

These tasks, inherently tied to honoring and commemorating the life of your loved one, while daunting, are steps we know you’re facing.

Coordinating with funeral homes and coming together with family members to make arrangements are undertaken with heavy hearts.

It’s natural for these logistical aspects to feel overwhelming during such a sensitive time.

Managing these details is a process many find brings a small sense of structure in the midst of loss, and you’re not alone in this journey.

Contact a Wrongful Death Attorney

Seeking prompt legal guidance and representation is an essential step after a deadly car accident.

After your accident, don’t hesitate to contact an experienced wrongful death attorney.

An attorney specializing in wrongful death claims and fatal accidents can assess your case, explain the legal process, and advise you on the best course of action moving forward.

Having an experienced attorney by your side can help ensure that your rights are protected and that you receive the compensation you deserve for your loss.

At TorHoerman Law, we provide compassionate guidance and support to families who’ve tragically lost a loved ones due to car accidents.

Reach out to us today for more information about how our lawyers can help you.

What You Need To Know About Wrongful Death Claims

After an accident resulting from another party’s negligent actions, a surviving spouse or family member can pursue action in the form of a wrongful death claim.

A wrongful death claim is a legal recourse available to surviving families.

By filing a wrongful death claim, a family can recover financial compensation from the negligent driver and the driver’s insurance company.

A wrongful death suit not only seeks to cover the economic losses, such as funeral expenses and loss of income, but also aims to compensate for the emotional distress and loss of companionship endured by the family.

A Wrongful Death Claim Is a Civil Lawsuit

Wrongful death claims are legal actions through which surviving family members or beneficiaries seek justice for the untimely loss of their loved one.

Unlike criminal cases, which are brought by the state, wrongful death claims are civil actions initiated by those directly affected by the death.

Criminal charges may be brought against the negligent driver, but the proceedings will be different.

As a civil claim, wrongful death lawsuits aim to hold responsible parties accountable for their actions, providing a sense of closure and financial support to the grieving family.

It’s important to note that in some states, the statute of limitations for filing a wrongful death claim can be tolled, or paused, while criminal prosecution against the negligent party is ongoing.

This can affect the timeline for filing a civil suit, so consulting with a lawyer is crucial to understanding specific filing deadlines and how they apply to your case.

Circumstances That Enable You To File a Wrongful Death Lawsuit

Wrongful death lawsuits typically arise from situations where negligence, reckless driving, or intentional misconduct led to a fatal accident.

In the context of car crashes, this could include scenarios such as drivers operating vehicles under the influence of alcohol or drugs, engaging in distracted driving behaviors like texting while driving, or disregarding traffic laws.

If the actions of another party directly contributed to the death, there may be grounds for pursuing a wrongful death claim.

Types of Financial Compensation in a Wrongful Death Settlement

Through wrongful death lawsuits, family members may seek compensation for various economic and non-economic damages incurred as a result of their loved one’s death.

Compensation can cover medical expenses incurred before the death, funeral and burial costs, loss of the deceased individual’s income and financial support, and the intangible losses associated with the absence of companionship, guidance, and emotional support.

By pursuing these claims, families can alleviate some of the financial burdens and emotional distress caused by the tragic loss of their loved one.

Who Can File a Wrongful Death Lawsuit?

Not everyone can file a legal claim for wrongful death.

States have their own laws about who can pursue wrongful death claims.

For example, in Illinois, the state’s wrongful death statute allows the immediate family members of the deceased to file a wrong death claim.

The only condition is that the claim be filed by an appointed legal representative.

Missouri allows the deceased’s surviving spouse, children, and children’s children to file the claim.

Because of how different states have laws about who’s eligible to file the claim, it’s best to speak with an attorney.

The legal representation and guidance of an attorney can provide unique and insightful information about your potential eligibility to file a wrongful death claim.

The Role of a Wrongful Death Lawyer

Having an experienced wrongful death attorney by your side is critical as you pursue justice for the loss of your loved one.

An experienced wrongful death attorney brings not only a deep understanding of the law but also a compassionate approach to navigating these cases.

Wrongful death lawyers will handle the intricacies of your case, from investigating the circumstances of the incident to negotiating with insurance companies.

Guiding You Through the Legal Process

A wrongful death attorney will serve as your advocate and guide, walking you through each step of the legal process.

Wrongful death lawyers will explain your rights, discuss potential legal strategies, and ensure that you understand what to expect at every stage.

Evaluating Your Case

Before proceeding with a wrongful death claim, your attorney will conduct a thorough evaluation of your case.

Your attorney will review evidence, gather witness statements, and assess the extent of your damages to determine the strength of your claim.

This evaluation also involves understanding the nuances of state laws that may impact your case.

Handling Court Proceedings and Negotiating With the At-Fault Party

Whether your case goes to trial or is resolved through settlement negotiations, your attorney will represent your interests and fight for the compensation you deserve.

Settlements in wrongful death claims are often reached through negotiations between the plaintiff’s attorney and the defendant or their insurance company, aiming to agree on compensation without the need for a trial.

This process involves presenting a strong case backed by evidence, which persuades the opposing party to offer a fair settlement that reflects the damages and losses incurred, avoiding court proceedings.

If an adequate settlement cannot be reached, an attorney can present your case in court, or further attempt to negotiate with insurance companies and opposing counsel to secure a fair settlement.

Why Choose a Wrongful Death Lawyer With Experience in Car Accident Claims?

A wrongful death claim after medical malpractice will have different nuances from one following a car accident.

For this reason, it is recommended to hire a wrongful death law firm or attorneys with a specialization in car accident cases.

Car accident attorneys understand the nuances of car accident cases, relevant laws, regulations, and common defense tactics used by opposing parties.

Experienced attorneys can navigate the complexities of car accident wrongful death claims and use their expertise to advocate for a successful outcome for you and your family.

By choosing an attorney with a proven track record in handling car accident wrongful death cases, you can have confidence in their ability to advocate for your rights and secure the compensation you deserve.

Find Support and Don't Hesitate To Seek Legal Representation

As you navigate the aftermath of a fatal car crash and consider your options for seeking justice, remember that you don’t have to face this journey alone.

Seeking support from loved ones, grief counselors, and support groups can provide invaluable comfort and guidance as you cope with your loss.

Besides support, obtaining legal representation and guidance can be extremely helpful in addressing the financial impacts of such a tragic accident.

If you’re looking for a team that’s committed to supporting and representing you in your wrongful death claim, we’re here for you.

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to instantly find out if you’re eligible for a claim.