The United States is among the busiest countries in terms of road traffic. Unfortunately, the United States is one of the most likely places to lose a loved one in an accident. There were close to 284 million vehicles running on American roads as of the third quarter of 2021. Unfortunately, the United States is also among the countries with the highest rate of traffic-related deaths per million population. According to the National Highway Traffic Safety Administration, nearly 42,915 traffic fatalities were reported in 2021, which is a 10.5 percent increase over the previous year. The Association for Safe International Road Travel (ASIRT) has reported that traffic injuries are the leading cause of death among people aged 5-29.
Losing a loved one in a car accident can be anyone’s worst nightmare. The sudden and unexpected loss of a spouse, parent, child, or sibling can be devastating, particularly when the accident was caused by someone else’s negligence. While nothing can replace your loved one or ease your pain, it is important to know that you have legal rights. You can seek compensation for your loved one’s wrongful death.
Wrongful death claim after a car accident
According to Connecticut General Statutes § 52-555, if your loved one was killed in a car accident, surviving family members have two years to file a wrongful death lawsuit. However, the two-year deadline begins on the date of the individual’s death, rather than on the date of the accident.
Proving negligence
The most important step to winning a wrongful death lawsuit is proving that the individual that caused the death was negligent. In order to prove this, you must prove that:
- At-fault driver owed a legal duty
- The legal duty was breached
- Breach of duty caused the death
- Death caused monetary losses
For example, an individual is killed by a drunk driver. The claimant would need to prove that the at-fault driver owed a duty not to drink and drive and that he/she breached this duty by driving under the influence of alcohol. The claimant will also prove that the person’s drunk driving caused the death of the individual and the death caused monetary losses such as hospital bills, funeral costs, loss of income, etc.
Proving a relationship with the deceased
In order to prove the relationship to the deceased the claimant will have to furnish documents such as the birth certificate in case the deceased was one of the parents, a copy of the deceased will, an insurance policy, or any other relevant document.
Recovering compensation for financial losses
The money from a car accident wrongful death settlement may include compensation for losses such as:
- Medical expenses incurred before death
- Funeral costs
- Loss of income, benefits and other earnings such as potential future raises
- Pain and suffering caused by the individual’s death
- Loss of enjoyment of life
Gather as much information as possible
In order to prove the lawsuit and recover adequate compensation for your losses, you must collect all possible records relating to the car accident such as the medical records, police reports, eyewitness contact information, and more. Gather all the evidence as soon as you can after the accident.
Speak with a car accident lawyer immediately
Having an experienced car accident lawyer by your side will ensure that your rights are protected. A lawyer can maximize the compensation you receive from those responsible for the death of your loved one. Remember, each case is different. Hiring a lawyer can help you take a closer look at the circumstances of your accident. They can negotiate from a position of strength and make sure you receive full compensation in a hassle-free manner.