What to Do If a Loved One Is Killed in a Fatal Car Accident?

Across the U.S., more than 35,000 people are killed in fatal car accidents every year according to National Highway Traffic Safety Administration (NHTSA) data. If you have recently suffered the loss of a loved one, you may be overwhelmed. In addition to intense grief and a deep sense of loss, you may have to deal with funeral expenses, handling the deceased’s estate, and an ever growing mountain of medical bills. At Bragoli & Associates, P.C., our Long Island car accident lawyers can help you gain the compensation you deserve through a wrongful death lawsuit. Our team can guide you through the entire process, ensuring that the only thing you have to worry about is processing your loss.

When Can I File a Wrongful Death Lawsuit?

There are many situations that warrant filing a lawsuit for wrongful death. Simply put, a wrongful death is when a person is killed due to another person’s negligence or irresponsibility. A common wrongful death scenario occurs when a person is killed in a car or truck accident due to the negligence of another driver. Whether the guilty party was driving drunk or driving irresponsibly, it may be possible to sue them for wrongful death. This is true even if the person is not found guilty in criminal court.

How to File a Wrongful Death Lawsuit

In the event that a person is killed in a wrongful death situation, surviving family members may choose to file a lawsuit in order to collect funds. The first step involves filing a petition with a local court. Once this document has been processed, a court hearing will be scheduled. Here, the victim’s family must establish a number of elements in order to recover funds. First, they must prove that the defendant owed the victim a certain level of care, and that the defendant did not live up to their obligation. From there, it must be established that the accident in question caused the death of the victim. Further, it must be proven that the victim’s death is the direct cause of the financial losses being sued for.

You may also engage with the negligent driver’s insurance company through a wrongful death claim. Whether you file an insurance claim or lawsuit, you will have to prove that someone else caused your loved one’s death and you have losses as a result. You may have to provide medical evidence, accident reconstruction, expert testimony, and other proof that your loved one was injured and you deserve compensation.

If you or a loved one need more information pertaining to a wrongful death lawsuit call today for a free legal consultation: (631) 423-7755