Yes, a family member can receive compensation if a loved one dies in a car accident. In the unfortunate circumstance that a loved one passed away due to another party’s negligence on the road, your family may have the right to wrongful death compensation.
Losing someone dear to you is a traumatic and life-altering event that affects you and your family on numerous levels: emotionally, mentally, and even financially.
Although you may still be trying to process your grief, there will be many things to contend with in the aftermath of a family member’s death, including possible financial troubles. It can be overwhelming to add a complex legal process to the pile of things you are already juggling, but filing a wrongful death claim may be a necessary action to receive the justice and compensation that your family deserves.
You should never have to handle the legal process alone. At The Fitch Law Firm, we understand how difficult it can be to navigate the details and requirements of filing a claim. A trusted wrongful death attorney can serve you in one of your most difficult times of need and can help alleviate some of the legal burden.
What is a Wrongful Death Case?
Suppose a loved one were to pass away due to another party’s negligence. In that case, it’s possible that you or another of the decedent’s surviving family would be able to seek compensation through a wrongful death claim.
Nothing can truly make up for the loss of someone you care about, but a wrongful death case aims to bring justice for their death and the suffering that your family experienced due to their passing.
It’s a personal injury case in which the estate of the decedent becomes the plaintiff that brings action against insurers or other responsible parties. This estate’s representative is then able to seek financial compensation through a settlement with the relevant insurance company or through the courts.
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Who Should File the Wrongful Death Claim?
In Ohio, the wrongful death claim must be filed by the personal representative of the decedent’s estate. In the case that your loved one has passed without a will and has therefore not named a representative, the probate court could appoint someone.
This representative would then file the claim on behalf of the survivors — e.g., spouse, children, parents — of the decedent.
The legal process can be complex and overwhelming to deal with while you are mourning a loved one, and an experienced attorney may be able to help shoulder some of the burden. Reach out to an experienced wrongful death attorney to better understand your options and what your legal rights may be.
Filing a Wrongful Death Claim for a Car Accident in Ohio
You can seek financial compensation through two avenues: settlement or court.
Your wrongful death lawyer might advise you to negotiate a settlement with the insurance company through an informal process outside of the courtroom.
However, each case is different. If all parties fail to agree to an adequate settlement, the claim may be taken to court and turned into a lawsuit. Depending on the details of your case and the insurance company you’re dealing with, your attorney may suggest that it’s better to begin by filing a lawsuit against the responsible driver in court.
The decedent’s survivors may be able to recover two types of damages:
Economic:
- Expenses of a funeral, burial, and cremation
- Medical expenses that arose from care after the accident and before death
- Loss of income
- Loss of insurance
- Loss of possible inheritance
Non-economic:
- Loss of household services
- Loss of companionship
- Loss of consortium between spouses
- Mental anguish
Survival Actions for Personal Injury Damages
There are also additional actions you can take to secure justice, such as a survival action. Unlike a wrongful death claim, which is filed on behalf of the decedent’s surviving family, a survival action is filed on behalf of the deceased. It becomes appropriate if your loved one did not instantly pass away in the accident.
If they experienced days, hours, or even minutes of conscious pain and suffering, then you may be able to make a claim for the suffering they endured before they passed. The responsible party should not escape legal responsibility for your loved one’s injuries just because your loved one is no longer present to file the claim themselves.
How Are Wrongful Death Cases Proven?
There are several key elements to a successful wrongful death lawsuit:
Breach of Duty: Motorists have a duty of care towards other drivers on the road. This means that they should be operating the vehicle safely and following road laws. A successful wrongful death case requires proving that the at-fault driver breached this duty and that their actions broke either requirement, leading to the victim’s passing.
Negligence: It’s essential to prove that the at-fault driver was acting negligently, which means determining that their failure to avoid risk and danger led to your loved one’s death. For instance, was the driver on their phone, inebriated, or otherwise unfit to operate a vehicle? These are all aspects that must be taken into consideration.
Causation: Once you’ve established that the responsible party breached their duty of care and acted negligently, you must now prove that it was their actions that led to the death of your loved one.
Damages: Once these three elements have been proven, you must gather proof that the family has experienced substantial loss, both economic and non-economic, in the wake of the victim’s death.
Working with an experienced and well-versed Columbus wrongful death lawyer is the best way to ensure your case can prove all four elements and get you and your loved ones the justice they deserve.
How a Wrongful Death Lawyer Can Help Your Family
Losing a family member is a devastating event that requires time and support for proper healing. At The Fitch Law Firm, we understand how overwhelming it can be to balance life’s demands as you learn to navigate the world without the presence of your loved one. We have a compassionate, qualified, and dedicated team with decades of experience willing to help you.
A wrongful death attorney may be more effective the earlier you hire them. Ohio Revised Code Section 2125.02 notes that you have two years to file your car accident lawsuit, which means the sooner you reach out to our firm, the sooner we can help you. Reach out now for a free consultation. Call us today or reach us through our website.
