When someone is injured in a car accident, they file an auto injury insurance claim. This helps them receive adequate medical coverage to recover from injuries sustained in the accident. It can also help them financially should they experience an inability to work or care for their household.

But when someone’s life is taken in a car accident, there are no injury insurance claims to file. Instead, the loved ones of the deceased are entitled to compensation through a wrongful death auto accident case.

You may be wondering, exactly what is classified as a wrongful death auto accident case?

Fortunately, this isn’t something most of us have to experience in our lives. But for those with loved ones lost to car accidents, it can be incredibly important to understand. Keep reading to learn more about what is classified as a wrongful death auto accident case, and the common causes behind these fatal accidents.

How Safe Are the Roads?

While many of us rely on the roads to get around in our daily lives, the unfortunate reality is that driving is dangerous. Statistically speaking, you have a 1 in 114 chance of dying in a car crash.

Fatal car crashes are more common than we’d like to think. In fact, you’re much more likely to die in a motor vehicle crash than…

• By taking a fall.
• By a firearm.
• By drowning.
• By fire or smoke inhalation.
• By choking.
• By flying.
• And more.

Fatal car crashes are the fifth most common cause of death, after common medical conditions like heart disease, cancer, and respiratory diseases, as well as other factors like self harm and accidental poisoning.

Now that you understand how common deadly car accidents are, let’s take a closer look at why they happen and some of the troubling causes behind them.

Common Causes of Car Crashes

Accidents happen every day. That’s why drivers are required to have car insurance.

There are a number of ways car accidents can happen. They can be purely accidental. They can be the cause of a medical emergency. They can be the cause of a malfunction of a vehicle. They can be the result of poor driving conditions in inclement weather. In some cases, car accidents can even be intentional.

Some of the top causes of car accidents include:

• Distracted driving — including phone calls, texting, eating, and applying makeup.
• Driving under the influence — including alcohol, prescription drugs, and other illegal substances.
• Speeding and reckless driving — including changing lanes too quickly, tailgating, and driving aggressively.
• Driving in the rain or at night.
• Running red lights.
• Animals in the road.
• And more.

And unfortunately, car crashes can result in serious injury or even death — which is where a wrongful death case comes in.

What Is a Wrongful Death Case?

A wrongful death is when an individual passes away from a wrongful act or negligence. Some common wrongful deaths occur from:

• Medical malpractices.
• Airplane crashes.
• Deaths in a workplace.
• And, of course, car crashes.

All too often, a car crash can end in serious injuries — or even death. When a person passes away due to a car crash, usually one driver is responsible for the other driver’s fatal crash. Sometimes the crash is neither driver’s fault, though this doesn’t occur very often. One driver could be found at fault due to driving under the influence, speeding, or even just not paying close enough attention.

Following the loss of a loved one, a wrongful death claim can be filed by the spouse, children, or other family members of the individual who passed away from a car crash. In most cases, a wrongful death case is a civil case. Civil cases differ from criminal cases, where a state prosecutor pursues a conviction which usually results in prison time or probation. In civil cases, individuals go to court to settle disputes, which include death or injury from negligence, such as an auto accident.

Wrongful death cases can sometimes also be criminal cases. If the state pursues a criminal wrongful death case, the surviving family members of the deceased can still move forward with a wrongful death civil case.

Wrongful death cases differ from state to state. Every state has their own wrongful death statute. For example, in Minnesota, a wrongful death is “caused by the wrongful act or omission of any person or corporation.” This includes actions that a person neglected to do.

Some examples of wrongful death cases include a family seeking justice for a loved one lost to a drunk driver, or a loved one who lost their life in a crash where a distracted driver was on their phone behind the wheel.

Why File a Wrongful Death Case?

Accidents come out of nowhere — and when a loved one’s life is lost due to another driver’s actions, it can be an incredibly jarring and unanticipated event for the family. As they grieve the loss of their loved one, surviving family members must face a multitude of difficulties that ripple out from the accident. These include unexpected bills and grief and suffering.

For those looking for options after the tragic loss of a loved one on the roads, a wrongful death lawsuit can provide the support and resources they need. In the wake of losing a loved one suddenly, families can be faced with many unexpected expenses, including medical bills, funeral costs, and lost wages — not to mention the emotional turmoil and suffering a sudden fatal accident can evoke. That’s where a wrongful death case can help.

A wrongful death case seeks compensation to help the family of the auto accident victim with:

• Funeral and burial expenses following the death of a loved one.
• Medical bills incurred from the treatment and hospitalization of the victim prior to death.
• The sudden loss of an income and possibly benefits for surviving family members.
• The sudden loss of services or assistance at home.
• Grief and anguish of the victim’s loved ones.

Don’t Wait on Wrongful Death Cases

Like other types of lawsuits, wrongful death cases have a statute of limitations. This means that you can’t wait if you want to pursue legal action after losing a loved one in an auto accident. In Minnesota, wrongful death cases must be pursued within three years of the death of a loved one. Waiting longer than three years is risky — the courts may refuse to hear the case. And then the surviving family members cannot get the compensation to which they are entitled.

Sometimes families don’t like the idea of taking another person to court after an auto accident. They don’t want to pursue legal action based off of the accidental nature of the crash. That is understandable.

However, without pursuing a wrongful death lawsuit, families are forced to pay mounting medical and funeral expenses on their own — which in many cases they are not prepared for. A wrongful death case can help families access financial resources needed to pay these large bills, and make ends meet in households with a lost income.

When taking a wrongful death case to court, the guilt of the defendant must be proven by the plaintiff. They must show that the defendant’s actions behind the wheel, or lack of actions, directly caused the crash which resulted in the death of their loved one. They must also show that the loss of their loved one resulted in expenses and other losses in their lives, such as a loss of care, companionship, and more.

These losses can be tricky to quantify. And proving the negligence of the other driver is also difficult. Fortunately, grieving families do not have to go it alone. Our Bloomington personal injury lawyers handle many wrongful death cases each year, and they know what it takes to get you your rightful compensation.

Now What?

Thanks to risk mitigation and safety initiatives, in addition to improved technologies in vehicles, like automatic emergency braking, backup and side mirror cameras, lane departure warnings, and more, accident fatalities have dropped over the past few years.

While these statistics may look promising, we still have a long way to go to make our vehicles and roads safer. In the meantime, identifying the common causes of accidents — both minor and fatal — can help prevent more injuries and deaths.

If you find yourself in the unfortunate event of losing a loved one in an auto accident, you don’t have to go it alone. You’re entitled to compensation for your loss, and this includes medical expenses for your deceased family member, funeral and burial expenses, and even lost wages or benefits for the surviving family.

Weston Law Office helps people in Minneapolis, St. Paul and the greater Twin Cities suburbs get the compensation they need following a tragic and fatal auto accident. Contact us today about how we can help you pursue a wrongful death case. Consultations are 100% free —  the only risk is not getting the compensation to which you’re entitled.

Sources

https://www.nsc.org/road-safety/safety-topics/fatality-estimates
https://injuryfacts.nsc.org/motor-vehicle/overview/preliminary-estimates/
https://www.nsc.org/work-safety/tools-resources/injury-facts/chart
https://www.huffpost.com/entry/top-15-causes-of-car-accidents_b_11722196
https://www.revisor.mn.gov/statutes/cite/573.02

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In the wake of losing a loved one in an accident, your life can change in an instant, upending future plans and financial security. When a loved loses their life in an auto accident, surviving family members are usually faced with unexpected expenses and loss of income, plus the immense emotional pain and suffering they must face as they grieve.

Surviving families must understand their options for receiving the resources needed to get through this difficult time. That’s where a wrongful death case comes into play. Wrongful death cases can provide grieving families with the financial resources to recover lost wages, pay funeral and medical expenses, and more.

Keep reading to learn more about wrongful death auto accident cases, and how much you can expect to get from your case.

What is Considered a Wrongful Death?

A wrongful death is when an individual passes away from a wrongful act or the negligence of another person. Wrongful deaths can occur from medical malpractice, pharmaceutical negligence, airplane crashes, deaths in the workplace, and, of course, car crashes.

Car crashes are incredibly common occurrences in the US. Some are minor. Some may result in injuries needing medical attention. And some can result in serious injuries and death. In these fatal car accidents, usually one driver is responsible for the crash. The driver at fault could have been distracted, under the influence, or just driving recklessly.

Some examples of wrongful death cases include a family seeking justice for a loved one lost to a drunk driver, or a loved one who lost their life in a crash where a distracted driver was on their phone behind the wheel.

Why Filing a Wrongful Death Case Makes Sense

No one expects an accident to happen and turn their life upside down. But accidents happen all too often — and those who lose a loved one in a fatal accident have to deal with the cascading effects of a sudden loss. These span emotional pain and suffering, grief, unexpected expenses, and lost wages.

First, there’s the shock and grief from such a loss. Loved ones are faced with sudden funeral and burial costs, which they may not be prepared for financially. There’s also medical bills from their loved one’s final hospital visit to pay. The family may face financial hardship due to lost wages and benefits, especially if the deceased was a breadwinner of the family. And of course, there’s the unquantifiable loss of a loved one’s companionship and care.

For all of these reasons, it makes sense to file a wrongful death case, which can provide the deceased’s loved ones with the resources needed to overcome financial and emotional difficulties in the wake of such a loss. Pecuniary, or financial, damages are awarded to the surviving family to help them recover.

Following the loss of a loved one, a wrongful death claim can be filed by the spouse, children, or other family members of the individual who passed away from a car crash. In most cases, a wrongful death case is a civil case, where individuals go to court to settle disputes, which includes death from negligence. As opposed to a criminal case, which features the state and a defendant, civil cases benefit from a lower standard of proof.

Wrongful death laws differ from state to state. Every state has their own wrongful death statute. For example, in Minnesota, a wrongful death is “caused by the wrongful act or omission of any person or corporation.” This includes actions that a person neglected to do. There is a statute of limitations on wrongful death cases. For example, in Minnesota, you have three years to file a wrongful death claim.

How Much Is a Wrongful Death Auto Accident Case Worth?

If you’re in the unfortunate circumstances of losing a loved one to an auto accident, you need to consider all of your options. A wrongful death case can provide you with the financial resources you need to tie up the loose ends of a loved one’s sudden death. And then there’s the grief and suffering that comes with such an abrupt loss. A wrongful death case can help with that too.

So, with that in mind, you may be wondering, how much is my wrongful death auto accident case worth?

Sometimes people are hesitant to ask about the financials of a wrongful death case. After all, no amount of money could ever bring back their loved one. But there’s nothing wrong with wanting to know — after all, when a loved one passes away, financial concerns can be at an all time high, given the sudden loss of income and mounting expenses. This is especially true when the deceased was a breadwinner for the family. Grieving family members need to know their options so they avoid economic hardship as they get through a difficult time.

No two wrongful death auto accident cases are exactly alike, so it’s difficult to give an exact range as to what one can expect from their case. Wrongful death auto accident cases can range from thousands to millions, but if it is shown that the deceased may be partially at fault for the accident, that number could be reduced.

What’s Included in a Wrongful Death Case

If you’re wondering how much your wrongful death case is worth, keep in mind that these settlements are usually calculated on a number of factors within the case. In short, these are based off of:

• The type of wrongful death case — Such as an auto accident, medical malpractice, or occupational death.
• Quantifiable losses — These include things that can be easily calculated, such as lost wages of the deceased and medical expenses.
• Unquantifiable losses — These include less tangible but no less significant losses, including grief, loss of companionship, and more.
• Suffering of the deceased prior to death.

Quantifiable Losses

Economic damages include lost wages, lost benefits, the lost prospect of inheritance, medical expenses, funeral expenses, the loss of household help, and legal fees. All expenses that the surviving family incurs for hospital stays, medical treatment, funeral and burial costs, as well as estate and legal fees fall into this category, and are covered by the damages recovered in a wrongful death lawsuit.

In order to calculate a person’s potential lifetime earnings, their age, career, earning capacity, life expectancy, health, and character are all examined in order to come to a fair estimate.

Unquantifiable Losses

These types of losses don’t come with a price tag. But nevertheless, these losses are equally difficult for the surviving family to endure. These include grief, emotional and psychological pain and suffering, loss of companionship, loss of support, loss of care, loss of parental guidance, loss of consortium, and more.

Damages are collected for these noneconomic losses, so that the family has access to the resources to recover from the emotional and psychological turmoil of the sudden loss.

Survival Action

There’s another type of damage that is included in wrongful death cases — survival action. This applies when the deceased does not pass away immediately after the accident. The survival action accounts for the deceased’s pain and suffering prior to death.

Elements that go into this calculation include the levels of pain and distress the deceased experienced, the apprehension of death, and the degree to which the deceased was conscious prior to passing.

Don’t Wait On a Wrongful Death Case

So, if you’re wondering how much your wrongful death case could be worth, consider all of these elements and potential damages. Estimates for these different types of losses are added up and awarded to the surviving families — which is why they can vary so much.

If you find yourself in the unfortunate event of losing a loved one in an auto accident, you don’t have to go it alone. You’re entitled to bring legal action in the form of a wrongful death case, and to compensation for your loss. This includes medical expenses for your deceased family member, funeral and burial expenses, and even lost wages or benefits for the surviving family.

An experienced personal injury attorney can review your case and help you understand how much your wrongful death auto accident case may be worth. Remember, the statute of limitations in Minnesota is three years for wrongful death from negligence, so don’t wait to act on a wrongful death claim.

Weston Law Office helps people in Minneapolis, St. Paul and the greater Twin Cities suburbs get the compensation they need following a tragic fatal auto accident. Contact us today about how we can help you pursue a wrongful death case. Consultations are 100% free —  the only risk is not getting the compensation to which you’re entitled.

Sources:
https://www.revisor.mn.gov/statutes/cite/573.02
https://www.justia.com/injury/wrongful-death/
https://www.alllaw.com/articles/nolo/personal-injury/how-wrongful-death-lawsuit-works.html

The post How Much is my Wrongful Death Auto Accident Case Worth? appeared first on Weston Law Office.

If this excruciating situation is what you’re facing right now, it’s important for you to know what to expect when it comes to receiving compensation if the person killed is deemed to have been involved in a wrongful death. We’ll help you understand what Minnesota law says on the matter in order to help you to get the compensation you deserve.

First, let’s establish just what a wrongful death accident is.

What is a wrongful death accident?

The pain of losing someone we love in an accident is always profound and can seem unjust. However, that’s not to say all accidents are considered “wrongful death accidents”. We’re going to pay close attention to Minnesota Statutes section 573.02, which specifically addresses wrongful deaths. According to this statute, a “wrongful death” is a death that is “caused by the wrongful act or omission of any person or corporation.” Notice that those held responsible for a wrongful death can be either a person or a corporation, something that will come in to play as you seek compensation. What makes it a “wrongful act” in the eyes of the law is that the death can either involve negligence or misconduct, even if it was accidental. It can also be the result of an intentional action.

What does this mean in real life? We might see this statute applied in a wide array of situations, not just with auto accidents. For example a death that was caused by a negligent surgeon would be considered a wrongful death. However, it certainly can be applied when it comes to auto accidents. For example, a person may have been negligent in how they were driving, resulting in a car accident where someone loses their life. Or the accident may have been the result of road rage, therefore being an intentional action.

This situation may be one that you now face. What can you do about it?

Who can file a wrongful death claim?

To help answer who may file a claim for a wrongful death, it’s important to first establish the main purpose of a wrongful death claim: to compensate individuals affected for the financial losses they have sustained from the death. So because it’s typically family members that are most affected by a wrongful death, it’s often the victim’s family that file a wrongful death claim.

Often the deceased person’s spouse and children are most impacted from the death, so they are usually the ones involved in filing a wrongful death claim. However, others may have been impacted as well. These may include stepchildren and parents of the victim if these individuals are dependents of the deceased person, as well as domestic partners. In essence, anyone who is adversely affected financially from the death of the victim may be involved in filing a wrongful death claim.

But no matter how many different parties were affected by the death, there can only be a single suit. All parties seeking damages need to join this suit in order to receive compensation after it is settled.

The statute also allows another option for who can file a wrongful death claim in Minnesota. If the family or those that wish to file a claim don’t want to do it themselves, they can ask the court to appoint a “trustee” who will act on their behalf and pursue the claim for them.

But from whom will they receive compensation?

Who pays the settlement for the wrongful death?

Of course, not everyone that receives a settlement from a wrongful death claim will receive it from the same source—each case is unique in its own circumstances and contributing factors.

Whether there’s a settlement reached outside of the courts or it has to go to trial to be decided by a jury, it’s often the insurance company that will pay out for the wrongful death. This is because they gave liability coverage to their driver.

However, insurance policies nearly always have a limit to the amount that they will pay out. And the amount decided by the jury may end up exceeding the amount covered. Or, another party may be found to be partially responsible for the death. So it may be multiple parties that are responsible to pay damages—whether that’s the individual, or the “corporation” as described in the statute, or both.

How much can I expect to receive?

There is no simple equation that you can use to know how much you can expect for a wrongful death settlement in Minnesota. Really, it depends on the situation surrounding the person who was wrongfully killed.

As outlined in the statute referred to earlier, the purpose of the compensation received is to “recover damages for a death” in the form of monetary compensation. Therefore, how much can be recovered will depend on establishing what exactly was lost due to the death of the victim.

The following are just some of the questions used to help establish what compensation is owed:

• How much did the funeral and burial cost?
• What medical bills did the deceased person accumulate from the accident?
• What income, benefits or wages have the surviving family members lost because of the accident?
• What services, care, protection or assistance have been lost as a result of the victim’s death?
• What sort of mental or emotional toll has the accident taken on the surviving family members?
• What loss of companionship, guidance or care has resulted from the accident?

These will need to be established for the court, as described in statute 573.02. There we learn the damages awarded will be proportionate to the “pecuniary loss”, or loss of money or things of value. As you can see from the list above, these are not just figures in a bank account, but other types of losses as well. The state of Minnesota includes the mental and emotional anguish that are experienced by the surviving family members, along with services provided around the home among these pecuniary losses

Another factor in the amount awarded from a wrongful death is how much the victim of the accident is deemed to have been at fault. If they were partially at fault, then there will likely be less of a settlement paid out, since the victim will bear some of the blame for the collision that killed them.

As we learn more about how to proceed with a wrongful death claim, it’s crucial that the claim is filed promptly, as there are time limits involved.

How long do you have to sue for a wrongful death?

As is common among other states, Minnesota requires that a wrongful death lawsuit is filed within a certain period of time. Statute 573.02 allows for three years to file the wrongful death lawsuit from the time of the person’s death. If the lawsuit is filed after these three years, the court is likely to refuse to hear the case.

However, the law doesn’t restrict a wrongful death lawsuit from being filed if it’s in connection with someone convicted of murder. In this rare exception, there is no time limit imposed.

You can see that it’s wise not to delay in order for your wrongful death lawsuit to be heard by the courts. The sooner the process is started, the sooner damages will be rewarded. But when?

How long does it take to get paid after a wrongful death settlement?

Dealing with the loss of a loved one is hard enough, let alone having to struggle to make ends meet due to the loss of income from their death. But unfortunately, how quickly you can be awarded damages from a wrongful death settlement isn’t a simple process.

There are different variables to examine in each case. Some are rather simple, and can be settled in a matter of months. Others may be more complicated, requiring years to examine all of the contributing factors and details in order to arrive at a settlement. Factors such as how long the investigation takes and how well the insurance company is participating in the process may either speed up or slow down how long it takes to receive damages.

As you can see, the arduous job of having to seek compensation for a loved one killed in a wrongful death accident is by no means easy or simple. Let Weston Law Office help you at every step of the way. We have the knowledge and experience to get you the settlement you deserve for all of the loss you’ve suffered from a wrongful death accident. Contact us today for a free consultation.

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