Navigating the legal aspect of death during a car accident can be overwhelming and confusing. Our St. Louis wrongful death lawyer is here to help.
Going through a car accident injury claim process can be challenging under any circumstances – but add death into the equation, and things can get even more complicated. If you’re a deceased accident victim’s family member, you may wonder if a claim can still be filed in light of their passing. The answer is yes. You can file a wrongful death claim.
What’s a wrongful death claim?
A wrongful death claim is intended to recover damages sustained by the deceased had they not died. This can only be filed by the deceased surviving relative, including the deceased person’s spouse, biological or adopted children, parents, or siblings.
What Types of Damages Can Be Recovered in a Wrongful Death Claim for a Car Accident?
Here are some of the types of damages that can be recovered in a wrongful death claim:
- Funeral and burial expense
- Loss of future income and benefits
- Loss of companionship and support
- Medical expenses
What Evidence Is Needed to Prove Negligence in a Wrongful Death Claim for a Car Accident?
To prove your wrongful claim is merited, you’ll be required to table evidence that proves beyond reasonable doubt that the death of your loved one was a result of another party’s negligence or wrongful conduct. The type of evidence you can use will vary depending on the circumstances of the case.
That said, here are some of the types of evidence that can be used to prove negligence in a wrongful death claim for a car accident:
- Police reports
- Eyewitness testimonies
- Expert testimonies
- Medical records
- Photos and videos
How Is the Value of a Wrongful Death Claim Determined in the Case of a Car Accident?
The value of a wrongful death claim can be determined by several factors, including:
- The deceased’s earning capacity at the time of their death: This includes their current salary, any bonuses or commissions, and their potential future earnings.
- The cost of the deceased’s funeral and burial expenses: These expenses can be significant and are typically included in the claim.
- Pain and suffering experienced by the deceased before death: This type of damage is calculated based on the length of time between the accident and the deceased’s death, as well as the severity of the injuries suffered by the deceased.
- Medical expenses incurred as a result of the accident: This includes any expenses related to hospitalization, treatment, or rehabilitation.
Navigating the legal aspect of death during a car accident can be overwhelming and confusing. However, understanding the common questions that arise during this process can help make it a little easier. Also, it’s important to seek the help of an experienced St. Louis car accident attorney who can guide you through the legal process, help you understand your rights and options, and ensure you do not settle for less than you need and deserve.
St. Louis Car Accident Lawyer
If you or a loved one have been affected by a St. Louis car accident, don’t hesitate to reach out to The Hoffmann Law Firm. Our experienced St. Louis car accident attorneys have the knowledge and skills to guide you through the legal process and help you recover the damages you deserve. Contact us today for a free consultation and take the first step toward getting the justice you deserve.