How to file a wrongful death claim after a car wreck

Losing a loved one in a car accident is a devastating experience, especially when the crash was caused by someone else's negligence. In addition to the emotional toll, families are often left facing financial hardships, including medical bills, funeral expenses, and the loss of income from the deceased.

A wrongful death claim allows surviving family members to seek compensation for these losses and hold the responsible party accountable. However, the legal process can be complex, requiring a clear understanding of eligibility, liability, and procedural steps.

If you are considering filing a wrongful death claim after a car wreck, it’s essential to know your rights and the necessary steps to take.

This guide will walk you through the process, explaining what wrongful death means, who can be held responsible, and how to successfully file a claim. With the right legal support, you can seek justice for your loved one and secure the financial stability your family needs.

What is a ‘Wrongful Death’?

A wrongful death occurs when someone loses their life due to another party’s negligence, recklessness, or intentional misconduct. In legal terms, it is a civil claim that allows surviving family members to seek compensation for the financial and emotional losses caused by their loved one’s death.

Every state has laws that define what wrongful death means in that state, but the definitions are typically similar across board. California, for instance, in Cal. Civ. Pro. Code § 377.60 defines wrongful death as one caused by the wrongful act or neglect of another, while, in Maryland, Md. Code, Cts. & Jud. Proc. § 3-901 defines wrongful death as any death that has been caused by an act, neglect, or default including a felonious act which would have entitled the party injured to maintain an action and recover damages if death had not ensued.   

Wrongful death claims often arise from car accidents where another driver’s careless actions, such as speeding, distracted driving, or driving under the influence, directly lead to a fatal crash. However, wrongful death can also result from defective auto parts, hazardous road conditions, or even negligent medical care following an accident.

Each state has specific laws regarding who can file a wrongful death lawsuit, typically limiting eligibility to spouses, children, or parents of the deceased. To illustrate, Connecticut limits the ability to bring a lawful death suit to only the executor or administrator of the deceased’s estate according to Conn. Gen. Stat. § 52-555. 

In New York, the same applies but N.Y. E.P.T Law § 4-1.1 provides that the damages will be distributed to the surviving spouse and children, parents, siblings, grandparents with their children and grandchildren, and great-grandchildren in that order of preference.

The damages available may include funeral expenses, medical bills, lost wages, and compensation for emotional suffering. Since wrongful death cases involve complex legal considerations, seeking legal counsel is often essential to building a strong claim and maximizing potential compensation.

Who Is Responsible in These Cases?

Determining who is responsible in a wrongful death car accident case depends on the specific circumstances of the crash. Liability can fall on multiple parties, including another driver, a vehicle manufacturer, a government agency, or even a business that served alcohol to an intoxicated driver.

In most cases, another driver is held responsible if their negligent actions—such as speeding, running a red light, or driving under the influence—caused the accident. An example of this was in Swelbar v. Lahti, 473 N.W.2d 77 (Minn. Ct. App. 1991) where a car driven by the respondent collided with another and fatally injured an eighteen-month-old child.

However, liability can extend beyond the at-fault driver. If a defective car part, like faulty brakes or airbags, contributed to the crash, the manufacturer could be held accountable.

In Hyundai Motor Co. v. Ferayorni, 842 So. 2d 905 (Fla. Dist. Ct. App. 2003), the father of a 17-year-old who died in a car accident while driving her 1990 Hyundai Excel successfully sued Hyundai for negligently failing to warn of the risk associated with improperly utilizing the seat belt, even though the manufacturer was aware of the “neck-cutting” smaller drivers experienced while wearing the seatbelts.

Similarly, if poor road conditions, such as missing traffic signs or dangerous potholes, played a role, a government agency responsible for road maintenance might share liability. And in Citrus County v. McQuillin, 840 So. 2d 343 (Fla. Dist. Ct. App. 2003), the respondent successfully sued the county for improperly paving a road, leaving a three to five inch drop off from the pavement to the shoulder of the road, partially causing the accident that killed his wife.

In some situations, businesses or establishments that overserved alcohol to an obviously intoxicated person could be found liable under dram shop laws. Since multiple parties may be at fault, a thorough investigation is necessary to determine responsibility.

Steps to Filing a Wrongful Death Claim After a Car Wreck

If you intend to file a wrongful death claim, here are the steps you must take:

Consult an Attorney

The first step in filing a wrongful death claim after a car wreck is consulting an experienced attorney. Wrongful death cases involve complex legal procedures, strict deadlines, and the need for strong evidence to prove liability and damages, all of which are factors that an attorney can significantly help with.

An attorney can also assess the case, determine its strength, and guide surviving family members through the legal process. With professional representation, families can focus on healing while remaining sure that their rights are protected.

Gather all Pertinent Evidence

Gathering all pertinent evidence is crucial to building a strong wrongful death claim after a car wreck. Evidence helps establish liability, prove negligence, and demonstrate the financial and emotional impact of the loss.

Obtaining the relevant evidence for a wrongful death case will entail securing things like the police (or investigating law enforcement agency) report, medical records, accident scene photos, witness statements, and any available traffic camera footage. Additionally, financial documents such as lost wages, funeral expenses, and medical bills will be necessary to quantify damages.

Expert testimonies from accident reconstruction specialists or medical professionals may also strengthen the claim. A well-documented case increases the chances of securing fair compensation for the surviving family.

Make a Timely Claim Detailing All the Damages

Filing a timely wrongful death claim is essential to ensuring your case is considered within the legal deadlines. Every state has a statute of limitations for wrongful death lawsuits, and failing to file within the required timeframe can result in losing the right to seek compensation entirely.

And even if you intend to make an insurance claim, it is still important that you make your claim within the time frame provided by the statute of limitations, because if you do not, the insurance company might not prioritize resolving your claim as soon as possible.

The District of Columbia, in D.C. Code § 16-2702 provides that an action for wrongful death must be brought within 2 years after the death of the person injured. Meanwhile Minnesota, allows the trustee appointed to bring a wrongful death claim three years after the date of death to institute the action according to Minn. Stat. § 573.02; however, if the wrongful death was caused by an intentional act, the trustee will be allowed to bring the action any time after the death.   

The claim being made should include a detailed breakdown of all damages suffered by the surviving family members. This includes medical expenses incurred before death, funeral and burial costs, lost income, pain and suffering, and loss of companionship.

Providing thorough documentation to serve as evidence for each category of damages strengthens the case and improves the likelihood of a fair settlement.

Negotiations

Negotiations play a crucial role in wrongful death claims, as most cases are resolved through settlements rather than trials. Insurance companies and opposing parties often try to minimize payouts, so it’s essential to approach negotiations with strong evidence and a clear understanding of the claim’s value.

Without proper representation, families risk accepting settlements that fail to cover the full extent of their losses. Hiring an experienced wrongful death attorney significantly improves the chances of securing fair compensation.

A lawyer understands negotiation tactics, can counter lowball offers, and will advocate for the maximum settlement. They also ensure that all damages—economic and non-economic—are fully accounted for during discussions.

Trial

If negotiations fail, the case may proceed to trial, where a judge or jury determines the outcome. Trials can be lengthy and complex, requiring strong legal arguments and compelling evidence. Therefore, having an experienced attorney is crucial to presenting a solid case and maximizing the chances of a favorable verdict.

Conclusion

Losing a loved one in a car wreck is devastating, and navigating a wrongful death claim can be overwhelming. At The Accident Helpers, we can make this process easier by connecting you with experienced attorneys who can handle the legal complexities on your behalf.

With our network of trusted professionals across all American cities, we can help you through the process of attorney selection, while you focus on healing.

Our services come at no cost to you, so reach out today, our consultants will take the details of your case, and immediately begin the process of securing legal representation for you.