A wrongful death case is your family’s own personal injury action. Your family has suffered your own losses that have resulted from the death of a loved one. If you meet the statutory requirements for eligibility for a wrongful death lawsuit, you can file a claim for compensation against the other driver. To file the most effective possible wrongful death case, you need the help of an experienced attorney to represent your interests.
How Does a Car Accident Wrongful Death Case Work?
Your wrongful death case proceeds the same as any other type of personal injury action. The linchpin of your claim is that the other driver involved in the accident caused your family’s losses through their negligence. The prerequisite is that you are able to prove that the motorist did something that would be considered unreasonable under the circumstances, and their actions resulted in the death of your family member. Your family would need to gather evidence that shows that the other driver was at fault to be in a position to receive compensation for your losses.
What Are the Challenges Involved in a Wrongful Death Case?
Then, your family would also need to quantify the losses that you have suffered. There is an inherent challenge in wrongful death cases because damages are subjective in nature. They are intended to measure your family’s actual losses. You may have suffered losses in a number of contacts. First, there are the financial losses that you have sustained because your family member may have been working and providing for you. Wrongful death cases would pay you back for all of the wages that your loved one would have earned over the course of their career.
Second, you would also be entitled to the more subjective elements of damages that measure the value of your loved one’s life to the family. The deceased person may have played a number of roles in the family. They could have been the provider of support, guidance, and love. Although these may be difficult to quantify and measure, you would be entitled to be paid back for all of these. Finally, your family would also be entitled to be paid back for your own grief and emotional distress.
How Can My Family Receive Full Wrongful Death Compensation?
Because your wrongful death damages may be significant, you may be looking at a situation in which the driver’s policy limits could limit the amount of money that you may recover. In that event, you have two legal options to get more money. First, you can file a lawsuit against the driver personally, and they would be liable for any excess damages that are more than their coverage. Second, you may be able to file a claim against your loved one’s underinsured motorist coverage. Their own insurance company would pay for excess damages up to the amount of the policy limit.
The insurance companies involved in the accident claim are what you need to overcome to receive full compensation for your losses. They could complicate your case in a number of ways, including the following:
Contesting liability for the accident itself
Trying to blame your loved one for the accident
Minimizing or disputing the damages that you claim you have suffered
The best thing that your family can do to put yourself in the strongest possible legal position is to hire an experienced car accidentlawyer to represent you in the legal process. They can handle all of the details of your case while fighting for you to receive the maximum amount of compensation.
Contact the Monmouth County Wrongful Death lawyers at Rebenack Aronow & Mascolo L.L.P.
If you have lost a loved one due to the actions of another, speak to the Monmouth County wrongful death lawyers at Rebenack Aronow & Mascolo L.L.P. We can help your family through this difficult time by handling all of the details of your legal case. Call 732-247-3600 or contact us online for a free consultation. We have offices in New Brunswick, Somerville, and Manalapan, NJ, and we serve clients in Middlesex County, Monmouth County, and Somerset County.
