The field of personal injury law has a value of about $58 billion right now. Wrongful death cases are the worst-case scenario in the world of personal injury and are the highest-stakes cases that you can deal with.
These are the types of cases that you never want to have to address, but you need to handle them correctly if you’re faced with this situation. This all-encompassing guide will help you when you’re facing a wrongful death car accident case.
What Is a Wrongful Death Car Accident?
A wrongful death lawsuit involves a person being the victim of a car accident that takes their life. These are among the most tragic forms of personal injury cases that you’ll contend with. 
In order to correct the course of this situation, you’ll need to get the help of a lawyer that can assist you with one of these cases. Here are some points that you need to consider related to wrongful death cases:
You Must Prove That the Accident Occurred
Your first burden of proof is to document and account for the actual car accident. This is when you present evidence such as photos and videos from the wreck, along with pictures of the road conditions, tire marks, and other details that can prove the accident.
The nature of your personal injury requires you to document these matters to satisfy every burden of proof that follows.
You Must Prove That the Accident Caused Death
When you’re dealing with a car accident case, you need to also prove that the accident caused the person’s death. A car accident lawyer will use evidence, medical examiner’s reports, and other information that will help in this regard.
By showing that the vehicle wreck led to the person’s death, it’ll help you hold them accountable for the damages.
You Need to Find Fault With the Other Party
With a wrongful death case, the main burden of proof is similar to that of the typical auto accident case. This means that you need to find fault with the other party so that you can hold them liable.
In this regard, you will need to prove that they were negligent and did not exercise a reasonable duty of care to avoid and prevent the accident. You might need to also make sure that the deceased wasn’t also partially responsible. The reason for this is that many states exercise contributory negligence law.
With contributory negligence, both sides can be held accountable and liable to different degrees. For example, if the defendant is held 80% liable for speeding through a red light and the deceased party is held 20% liable for not wearing their seatbelt, the wrongful death claim payout would end up being 20% less than it otherwise would have been.
You Must Quantify the Damage Value
Make sure that you’re also quantifying the wrongful death car accident settlement to the best of your ability. This requires the assistance of a legal professional who is top-notch and capable.
They will help you determine damages related to lost income and potential income, pain and suffering, property damage, and other types of damage. This is an incredibly important aspect of your wrongful death case that will dictate the largest ramifications.
What Should You Do Following the Accident?
If you’re pursuing a wrongful death case on behalf of a deceased loved one, there are some strategic steps that you will need to take. Following a stellar game plan will help you find success with your case so that you are more likely to recoup the money that you are entitled to.
Here are the best steps to take in this regard:
Follow-Up on the Death Certificate
Before you even think about hiring legal services, make sure that you have initial proof that a death occurred. After your loved one is involved in a fatal accident, the coroner’s office will soon produce a death certificate.
Getting a copy of the death certificate will also allow you to explore bank accounts and make transactions. This is the first critical piece of factual information that you will need to get your hands on. The sooner you can produce the death certificate, the easier it will be to put together a winning wrongful death case.
Gather Evidence From the Scene
If you are going to prove anything about your vehicle wreck, it’s going to come down to the initial evidence that you collect. With a car accident, you and forensics experts are putting together a recollection of the accident in order to piece together a narrative that proves your case.
Take the time to document evidence in your car accident case by visiting the scene and gathering everything that you can find. This means taking plenty of photos from different angles, capturing video, and also documenting the damage done to the vehicle. You should also look into getting your hands on the police report, surveillance footage, witness testimony, and any other type of evidence that will help you.
Once you hire an attorney, they will also appoint forensics experts that can recreate the accident and prove your side of the events.
Call Life Insurance or Other Companies
Since you’re dealing with a death situation, always consider whether your loved one had you listed as a beneficiary on a life insurance plan. You should also look into producing a will to begin the estate process.
Keep in mind that these are two different areas of law, so a personal injury attorney isn’t likely to be as hands-on with that particular area of the law. However, handling these matters will make it easier for you to also know what to expect from your wrongful death case.
This allows you to get an accurate estimation of the damages so that you’re more informed on how much the case is worth.
Move Forward With Funeral Arrangements
Even though your loved one’s death is unexpected, you’ll still need to move forward in handling their final wishes. In doing this, your family gets to grieve, and you will also further get an accurate accounting of the damages that you have incurred.
In wrongful death lawsuits, plaintiffs typically go after the other party to pay for funeral and burial expenses. On average, people pay between approximately $6,000 and $8,000 for funeral arrangements. Keep this in mind as you plan out the details of your case.
How Can You Hire the Right Attorney?
Take the time to make certain that you also hire a quality lawyer that can assist you with your case. These pros are your bread and butter when you’re hoping to pursue a wrongful death case.
Consider these steps so that you can hire a legal firm that will represent you:
Find Referrals and Positive Reviews
You can get the ball rolling by hiring an attorney by first and foremost checking into what others are saying about them. This is where referrals and positive reviews come into play.
These sorts of recommendations are golden because it helps you put trust in the lawyer’s ability to assist you. This gives you the chance to rank your top 5 to 10 legal firms that represent personal injury cases. From there, you will have a quality list of professionals to reach out to.
Schedule Several Consultations
If you’re getting ready to pursue a wrongful death case, make sure that you start by seeking consultations. Most attorneys offer free consultations to figure out if a new client’s case is up their alley and in line with their capabilities.
This is also the time that you get to ask all of your questions and get a starting point on how to proceed. Going on a series of consultations will let you study the market for legal pros and figure out which attorneys you’d like to represent you.
A wrongful death case can take a long time and have several twists and turns. You’ll have more peace of mind when you have the help of lawyers that you can trust.
Collect Evidence and Consider the Case Value
Even during the initial process of putting together a case, your attorney will help you quantify your case. These professionals are a critical piece of the puzzle in letting you know what damages you are entitled to and coming up with a dollar amount for how much they are worth.
Make sure to ask your lawyer these sorts of questions so that you aren’t in the dark when it comes to the way that your case is handled.
Consider Their Fee and Contract
When you’re going to hire a legal professional to represent you, make sure that you also look into the cost matters. For wrongful death and other types of personal injury cases, your lawyer is generally paid on the backend, rather than upfront.
In the world of personal injury cases, this means paying a contingency fee. A contingency fee refers to an agreed-upon percentage of your case settlement that the attorney will get to keep at the conclusion of the case. As you explore which lawyers you want to represent you, compare the fees that they charge along with the dollar amount they are seeking, and figure out what is the most reasonable and affordable.
You can check out this website to learn more about examples of attorneys that can represent you:
https://alphaaccidentlawyers.com
What Can You Expect From the Case?
All in all, a wrongful death case is often one of the most difficult cases to handle for all parties involved. The plaintiff is going through a heavy grieving process while still trying to take care of the business of the case. These cases involve a lot of legal complexities, which means they also involve a lot of work and may take a while.
You stack the deck in your favor when you consider the following:
Figure Out Whether You’ll Settle or Pursue a Trial
For starters, have some open and honest discussions with your lawyer about whether you should pursue a court trial or a settlement. There are pros and cons to both, and a good lawyer will guide you in the right direction.
With a settlement, you’ll get paid sooner but might take less money. However, a trial might involve higher dollar amounts, but there’s no guarantee that you’ll win the case. Lean on the expertise of your lawyer as you also use your best judgment.
Consider the Long Road
No matter what you’re dealing with in your case, make sure that you are prepared for the long road. In this regard, you should mentally prepare for this and recognize that the work doesn’t happen overnight.
In the meantime, focus on grieving and healing. This is the most important thing for you and your family in the long run, and you will have the energy and resolve to handle your case when you are also taking care of your personal life matters.
Stay in Frequent Contact With Your Lawyer
Once you have an attorney that you trust, stay in frequent contact with them throughout the case. Take a step back to grieve and let your lawyer handle it, but also make sure that you regularly get your attorney involved for your pressing questions.
Stay diligent so that you get results from your case, along with the peace of mind of an attorney that can address it.
Work Hard on Your Wrongful Death Car Accident Case
The tips in this article are helpful when you’re looking into pursuing a wrongful death car accident case. If you are in the unfortunate position to need a wrongful death lawyer, use these tips to get the help that you need.
Use these tips and check out our other articles related to these auto accidents.
