Losing someone in a car accident is devastating. And while no legal process can undo that loss, fatal accident claims can help surviving family members secure the financial support they need to move forward. If you’re considering filing a claim, here’s what you need to know before you get started.
1. You May Be Entitled to File a Wrongful Death Claim
When someone dies due to another driver’s negligence, surviving family members can file a wrongful death lawsuit. This type of claim holds the at-fault party financially accountable for the loss. Eligibility typically extends to spouses, children, and parents—though this varies by state. You should also be aware your legal rights.
2. There’s a Deadline to File
Every state has a statute of limitations for wrongful death claims—usually between one and three years from the date of death. Missing this window almost always means losing your right to compensation entirely. Acting quickly gives your legal team the time they need to build a strong case.
3. Compensation Covers More Than Funeral Costs
Many families assume fatal accident claims only cover burial expenses. In reality, compensation can include:
- Medical bills incurred before the victim’s death
- Lost future income the deceased would have earned
- Loss of companionship or consortium
- Pain and suffering experienced by surviving family members
- Funeral and burial expenses
The total value of a claim depends on the circumstances, including the victim’s age, income, and role in the family.
4. Negligence Must Be Proven
To win a fatal accident claim, you need to demonstrate that the other party was negligent—meaning they had a duty of care, breached that duty, and that the breach directly caused the death. Evidence like police reports, witness statements, surveillance footage, and medical records all play a critical role in establishing this.
5. Multiple Parties Could Be Liable
The at-fault driver isn’t always the only party responsible. Depending on the circumstances, liability could extend to:
- A vehicle manufacturer (if a defect contributed to the crash)
- A government agency (if poor road conditions were a factor)
- An employer (if the driver was working at the time of the accident)
Identifying all liable parties can significantly increase the compensation available to your family.
6. Insurance Settlements Aren’t Always Fair
Insurance companies are businesses. Their goal is to minimize payouts—and they’re skilled at it. A quick settlement offer may seem appealing during an emotionally exhausting time, but it often falls short of what families are truly owed. Before accepting anything, have a legal professional review the offer.
7. The Claims Process Can Take Time
Fatal accident claims are rarely resolved overnight. Between gathering evidence, negotiating with insurers, and potentially going to trial, the process can take months or even years. Patience matters here. Rushing to settle often means leaving money on the table.
8. A Legal Professional Can Make a Real Difference
Navigating a wrongful death claim while grieving is an enormous burden. An experienced car accident lawyer in West Valley City can handle the legal complexities on your behalf—gathering evidence, dealing with insurers, and representing your family’s interests in court if necessary. Having the right advocate in your corner often results in significantly higher compensation.
9. Economic and Non-Economic Damages Are Both Recoverable
Fatal accident claims account for two categories of damages. Economic damages are the tangible financial losses—medical costs, lost wages, and funeral expenses. Non-economic damages address the harder-to-quantify losses, like the grief, emotional suffering, and loss of guidance experienced by surviving family members. Both matter, and both should be reflected in any settlement or verdict.
Taking the Next Step After a Fatal Accident
The aftermath of a fatal car accident is overwhelming. Between grief, financial pressure, and the complexity of the legal system, it’s easy to feel lost. But understanding your rights is the first step toward getting the justice your family deserves.
Every claim is different. The facts of the accident, the insurance policies involved, and the laws in your state all shape the outcome. That’s why working with a knowledgeable car accident lawyer is so important—they can assess the specifics of your situation and guide you toward the best possible outcome.
If you’ve recently lost a loved one in a car accident, don’t wait. Reach out to a legal professional as soon as possible to understand your options and protect your right to compensation.
