Does it feel impossible to get justice after a loved one was brutally taken away from you in a car accident by a reckless driver? Perhaps you feel that there’s no point in pursuing it, because it won’t bring back the person you lost.
You have every right to hold the driver accountable for causing the fatal accident. Not only will they be punished for their actions but they’ll also have to financially compensate you for the pain and suffering of losing a loved one..
We understand the process may seem daunting. You’re probably unsure how to proceed, what evidence is required, how to accurately value your claim, how settlement negotiations are done, and how a trial will be conducted. You’ll find the answers to your questions right here.
The Statistics of Fatal Motor Vehicle Accidents
The latest data from the National Highway Traffic Safety Administration shows the rate of car accident deaths has largely remained flat with only nominal decreases over previous quarters. This highlights the continued risk of deaths in car accidents on roadways as there’s no significant improvement in road safety. [1]
- The car crash fatality rate is now at 1.35 fatalities per 100 million miles traveled
- Car crashes remain the leading cause of death for people aged 1-54
- 42,795 people died in a fatal car accident in 2022
- Fatal car crash rates have increased in 23 states
The elevated risk of a fatal car accident is a reality many families may tragically experience. The aftermath of a motor vehicle accident can be overwhelming with confusion and financial insecurity. Having professional assistance for legal action can help your family members pull together and get back on their feet.
Common Causes of Fatal Accidents
Some of the most common causes of fatal accidents, such as drunk driving, speeding, distracted driving, failure to yield, and disregarding traffic laws are all preventable if only the other driver exercised better judgment.
Their negligence results in senseless loss of life, traumatizing the victims’ families. It must not go unpunished. It’s necessary to hold these drivers legally and financially accountable for the unimaginable pain they inflict on families.
Our Fatal Car Accident Lawyers Are Here to Fight For You
At Rosenfeld Injury Lawyers, we’re committed to representing the surviving family members of deceased car accident victims. Our law firm has more than two decades of experience handling motor vehicle accident cases for clients whose loved ones were tragically taken away from them by someone else’s negligence.
Our fatal car accident lawyers are highly skilled at navigating the unique challenges and complexities that make fatal car accidents so difficult. From meeting specific evidentiary requirements to working with the best accident reconstruction experts, our focus remains on building a solid legal foundation for your claim.
We’ll leave no stone unturned to hold accountable the person who took your loved ones away from you so that justice is done and you get closure. Our auto accident lawyer will work hard to get you a fair settlement to compensate you for emotional damage, pain and suffering, funeral and burial costs, and loss of consortium.
Financial Compensation Amounts We’ve Secured for Our Clients
Our law firm has a clear track record of winning millions of dollars in compensation for clients. We’ll work hard to achieve a similar result for you. It’s important to realize compensation amounts vary significantly based on the facts unique to every case, so past results are not necessarily a guarantee for your case. Some of the recent settlements we’ve won include:
- $14.1 million for family members of a motorcyclist who was killed when a truck turned into their path
- $1 million in a policy limit settlement for a rear-seat passenger who was killed in a rear-end collision
Fatal car accidents present considerable legal challenges that are difficult to navigate. There are strict standards for proving liability that must be met.
This requires gathering solid evidence, working with accident reconstruction experts, and interviewing eyewitnesses to establish a sequence of events clearly proving the other driver’s negligence.
Key stages during the process include negotiations, as there’s often a lot of back and forth on settlement offers, and a court trial if there’s no settlement.
Trials require a skilled fatal car accident lawyer who is well-versed in the law, has the expertise to obtain information from witnesses, and can passionately argue your case before the jury to win a favorable outcome.
Having professional legal representation throughout the process ensures your case is pursued strategically from the beginning and your rights are protected. It helps you be one step ahead of the opposition at every stage of the process and places you in the best possible position to secure a fair settlement.
Filing Within the Legal Time Frame
You have a limited time to file a wrongful death lawsuit. It’s called the statute of limitations. It’s typically impossible to recover compensation if your car accident lawsuit isn’t filed before the statute of limitations expires.
That’s why it’s so important to consult with a fatal car accident lawyer as soon as possible. They’ll make sure the clock doesn’t run out on your wrongful death claim and you get fair financial compensation.
The statute of limitations varies by state. In most states, you have two years from the date of the accident to file a wrongful death lawsuit. Kentucky, Louisiana, and Tennessee have a one-year statute of limitations. Some states, including Minnesota, Maryland, Michigan, New Mexico, and others, provide three years to file your claim.
Understanding Personal Injury vs Wrongful Death Claims
A personal injury lawsuit is filed by the victims themselves or through a personal injury attorney after they’ve been injured in an accident. They can seek compensation for medical bills, lost wages, loss of income potential, pain and suffering.
When an accident victim dies because of the serious injuries they suffered, they’re obviously unable to sue the negligent driver in personal injury cases.
The family members can bring a wrongful death claim on their behalf against the responsible party to seek justice and compensation for funeral and burial expenses.
Their options also include a product liability lawsuit if the accident was the result of a manufacturing defect in the vehicle. Car accident attorneys can help them better understand the legal process.
Initiating a Wrongful Death Claim
Pursuing a wrongful death claim might seem daunting, but it doesn’t need to be. As long as you work with a trusted partner, you can be assured your rights are protected. Here’s how you begin:
- Contact a Fatal Car Accident Lawyer: Hiring a fatal car accident lawyer when filing a wrongful death claim will go a long way in helping you secure justice and maximum compensation. Opt for a law firm with demonstrable experience in securing big wins in wrongful death cases.
- Determine Eligibility: You are eligible to file a wrongful death case if you’re the deceased’s surviving family member or executor of their estate and are filing the case within the statute of limitations. Our personal injury lawyer will determine if you have a case during your free consultation.
- Gather Evidence: Relevant evidence proving the other driver’s negligence must be gathered to support your claim. We’ll move to quickly secure police reports, medical bills, witness testimonies, and dash cam or surveillance footage to build a strong legal foundation.
- Go to Trial: If settlement negotiations fail, our experienced attorney will passionately argue your case at trial before a jury and rely on solid evidence to win a favorable outcome, one that helps you receive fair financial compensation.
Critical Evidence in Cases Involving Fatal Auto Accidents
Proving negligence in a fatal auto accident requires solid evidence that leaves no doubt. Forensic evidence, such as skid marks and crash scene analysis help estimate the speed and indicate braking patterns. Eyewitness statements help piece together the sequence of events leading up to the accident.
Medical records show precisely how the car accident injuries caused the victim’s death. Testimony from accident reconstruction experts provides valuable insight into how the accident happened. Additional evidence, such as police reports and dash cam footage also play an important role.
Simply gathering evidence isn’t enough. It must be accurately analyzed to back up every single claim you make. At Rosenfeld Injury Lawyers, we excel in gathering evidence through our ties with investigators and reconstruction experts, which is then diligently analyzed to create a solid foundation for your case.
Dealing With Insurance Companies
Your wrongful death claim will initially be filed with the insurance