When a Car Accident Case Is Also a Wrongful Death Case
Wrongful death and car accidents unfortunately go hand in hand. If you’ve had a loved one die from a car accident, you may have a wrongful death case as well. But because they’re two different areas of the law, you should be aware of how they differ and overlap.
How Wrongful Death and Car Accident Cases Differ
In a car accident case, you typically seek compensation for injuries sustained in a car crash. It requires negotiation with insurance companies and can cover a variety of damages, including:
- Medical bills
- Damaged property
- Lost wages
- Pain and suffering
- and more.
On the other hand, a wrongful death case arises when someone’s death is caused by the negligence, recklessness, or intentional actions of another party.
Wrongful death claims seek justice and compensation on behalf of the deceased person’s surviving family members. They typically cover different damages than a car accident case, including:
- Funeral expenses
- Loss of financial support
- Punitive damages, and
- Emotional suffering endured by the surviving family.
Can You File a Wrongful Death Claim for a Car Accident?
Yes, you can file a wrongful death claim for a car accident if the accident resulted in the death of a loved one due to another party’s negligence or wrongful actions.
To file a wrongful death claim successfully, you need to show how the other party’s actions (reckless driving, drunk driving, negligence, etc.) directly caused the car accident and fatal injuries.
Proving Negligence or Wrongdoing
To prove wrongful death in a car accident case requires a good deal of investigation.
- Collect evidence from the accident scene. Photographs, videos, and witness statements all help to reconstruct the sequence of events leading to the crash.
- Obtain police reports and accident reconstruction experts’ assessments to strengthen your case.
- Get medical records and expert testimonies.
- Review traffic laws and safety regulations to identify violations committed by the at-fault party.
Using all of this information, we work to build a persuasive argument. Our goal is to show the negligence or wrongdoing of the responsible party in the death of our clients’ loved one.
The Right Lawyer for Both Types of Cases
When considering a wrongful death case after a car accident, look for an attorney with ample experience in both areas of practice. You want someone who knows the law well enough to help you build the strongest case possible using every resource available.
For over 30 years, our firm has been one of the most trusted in Memphis. We’re proud to have multiple awards for client satisfaction, a 5-star rating on Avvo, and an A+ rating by the Better Business Bureau.
Clients have trusted us with their car accident cases and wrongful death cases, to great success. We’re proud of the work we do and the respect we show every single client who walks through our doors. If we take your case, we treat you like family and fight for you and your loved one with everything we have.
We offer a free consultation in order to discuss your case, answer any questions, and give you a chance to get to know us. And then moving forward, we don’t get paid a thing unless and until you do.
To get started, contact us online today or call us at 901-327- 2100.