Wrongful death in car accident-filling a claim

  Experiencing an auto accident undoubtedly represents an overwhelming situation but in time, you can recover and overcome that terrifying moment. However, when a member of the family dies, nothing will ever be the same and no amount of money can bring him back but the truth is that you will be left with all the expenses including medical bills, funeral and possible debts. After all, it is your right to file a claim and receive compensation for all the damages and the loss of your loved one, especially if someone’s negligence led to this difficult and painful situation. Nobody should get away easily and run from their responsibilities after causing so much harm. Thus, the best thing you could do is to ask expert advice from North Miami wrongful death lawyer and file a claim.

Who can file a claim?

Usually, in car accidents, the negligence of the other driver represents the main reason for filling a wrongful death claim. Each state has certain laws but a representative of the victim can definitely act on behalf of the survivors within the first year after the accident. Depending on the situation and regardless of the state, a spouse has the right to file a claim on behalf of her dead husband. Furthermore, if a minor gets killed in the auto accident, the parents can bring a wrongful death action and the other way around, minors get compensation for their parents’ death. However it is not clear yet if adult children, grown siblings or more distant relatives like grandparents, uncles and aunts can sue.

Proof

Even though you are entitled to bring a wrongful death action, you must prove your claim. First, the other driver must be directly at fault for the death of your family member. Secondly, his negligence led to severe consequences, namely causing the death of another person. Thirdly, a close relative, such as spouse and children but also legal beneficiaries survive the deceased. Lastly, the accident not only caused the death of your loved one but also great financial damages.

Damages

As a survivor of the accident, you might receive compensation, in accordance to the value of losses and damages. Economic losses include funeral costs, financial support and other expenses. The spouse and minor children of the deceased are considered the only dependants who are directly affected by these economic losses. Obviously, non-economic losses refer to suffering and mental agony. Measuring these types of damages is quite difficult because you no longer have numbers to calculate. Thus, the common sense of the juries determines the compensation for non-economic losses.

Statute of limitations

Statute of limitations means the period of time you have at your disposal to settle the wrongful death or file a claim. If by any chance, you miss the deadline, you will no longer have the possibility to receive compensation for the loss of your family member or loved one. The statutory period depends on the laws of each state so you have to do a research in order to discover the deadline. However, in cases of wrongful death caused by negligence, you should act within two years.