The sorrow stemming from losing a loved one in a car accident is even worse than what emotional pain one goes through. If their life was taken away due to someone else’s carelessness then it pains even more. In the U.S, surviving family members have the option for filing a claim for compensation courtesy of their loved one’s death. The aim of this article is to explain the concept of wrongful death claims with specific reference to car accidents along with explaining the importance of medical record review services of lawyers.
What Is a Wrongful Death Claim?
Cases of wrongful death of one individual occur out of negligence or carelessness of another individual or group which can be linked to their death. Referring specifically to car accidents, this could cover:
• Drinking and driving
• Using a mobile phone while driving
• Over-speeding
• Not adhering to common laws of driving and traffic
These claims allow the deceased’s family to seek compensation for both economic and non-economic losses resulting from the death.
Who Can File a Wrongful Death Claim?
In the United States, the eligibility to file a wrongful death claim varies by state. Generally, the following parties can file a claim:
• Partner: spouse or a domestic partner of the deceased individual
• Children: Biological, step, or adopted children of the deceased who were economically dependent on the deceased.
• Parents and Siblings: In the absence of children or a spouse, parents and siblings may make a claim.
The claim must be filed by the personal representative of the deceased’s estate, often a family member or someone designated in the will.
Proving Negligence in a Wrongful Death Claim
In order to succeed in a wrongful death claim, the plaintiff needs to prove that one or more parties were careless which resulted in the death of the victim. There are four basic components that need to be proven:
Duty of Care
There are people who, by virtue of their occupation, owe a certain duty of care towards another person. For example, all drivers have the responsibility to drive properly, which includes obeying the law and driving within speed limits.
Breach of Duty
The plaintiff must identify the breach of duty, which in this instance includes the following:
• Operating a vehicle while under the influence of alcohol
• Using a mobile phone while driving
• Disregarding traffic lights
Causation
This part has to establish that a breach of duty and the accident which resulted in the death of the victim have a connection. This means that the death of the victim should be reasonably attributed to the negligent acts of the defendant.
Damages
To initiate a wrongful death lawsuit, the plaintiff must establish that the accident inflicted financial and psychological damages on the surviving family members, including but not limited to:
• Loss of income
• Funeral expenses
• Emotional distress
Types of Compensation in a Wrongful Death Claim
Filing a wrongful death claim can help alleviate the financial burdens caused by the loss of a loved one. Compensation may include:
Economic Damages
• Medical Expenses: Incurred prior to the victim dying.
• Funeral and Burial Costs: Expenses incurred in putting the deceased to rest.
• Lost Income: Remuneration for the deceased’s expected income.
Non-Economic Damages
• Loss of Companionship: Lack of emotional bonding due to death.
• Loss of Guidance: Compensation for the nurturing value that is lost from the deceased, especially for children.
In some cases, punitive damages may also be awarded if the responsible party’s actions were particularly reckless.
Filing Deadlines for Wrongful Death Claims
Each state has specific statutes of limitations for filing wrongful death claims. Generally, the time frame is between one to three years from the date of death. It is crucial to consult with an attorney promptly to ensure that all necessary evidence is gathered and the claim is filed within the legal time limits.
The Importance of Medical Records Review in Wrongful Death Claims
Medical records play a vital role in wrongful death claims, particularly in establishing the extent of damages. Medical records review companies assist attorneys by:
• Appraising Medical Files: Helping prove damages in form of providing context to the medical history of the deceased.
• Locating Missing Pieces to the Medical Puzzle: Providing essential medical information to the claim.
• Cost Management: Making sure that relatives have all the documents required to make a robust claim.
Why You Need an Experienced Wrongful Death Attorney
Navigating the complexities of a wrongful death claim can be overwhelming, especially while grieving. An experienced attorney can:
• Conduct Primary Research: Collect evidence through police records and witness accounts.
• Settle with Insurance Companies: Act as the sole-point of contact for the clients to ensure fairness.
• Securing Better Settlement: Working with clients to identify their primary losses as well as secondary.
Case Studies
Case Study 1: The Tragic Loss of a Parent
Overview of the Case: A Mother of two died in a tragic motor vehicle collision when a driver who was texting hit her head-on.
Challenges: They had to cope with emotional pain and loss of income after the loss of the primary provider in the family. Collecting medical evidence and the mother’s contribution towards the family proved to be difficult.
Solution: The attorney for the family instructed a medical record review firm to study the medical history of the deceased and prepare evidence for her economic activity. This was helpful in the attempt to delineate the economic loss.
Compensation: The family received a settlement for funeral expenses, payment for loss of income, and payment for emotional distress.
Case Study 2: A Young Life Cut Short
Summary of the Case: A 22-year-old college student was killed in a vehicle crash perpetrated by a drunk driver.
Challenges: family members had to deal with emotional pain and the great complication of proving the negligence of the driver. It was imperative to prove both their emotional and financial pain.
Solutions: An attorney ordered medical record review and the victim’s future earning capacity and the emotional impact on the family were calculated. This strengthened the case greatly.
Compensation: The family received a sizable award for medical expenses, loss of income, and emotional trauma.
Conclusion
Wrongful death claims after a fatal car accident is difficult to pursue because of the attending legal and emotional hurdles. Medical record review companies assist attorneys in building strong cases which advocate for the grieving families. In case you find yourself in such a regrettable situation, it is wisest to seek reliable wrongful death lawyers who can make certain you get the compensation that is rightly owed to you.
