4 Tips For Dealing With A Wrongful Death Lawsuit After A Car Accident
Each year approximately 37,000 Americans lose their lives in auto accidents. Dealing with the loss of a family member due to a fatal car accident can be horrific, especially if the accident was caused by another driver. While you can't put a price on the loss of a life, and money won't bring your family member back, you can file a wrongful death claim. Use the following tips to increase the chances of winning your wrongful death lawsuit:
Be Mindful of the Statute of Limitations
You will have a limited amount of time, called a statute of limitations, to file a wrongful death lawsuit after your family member dies in a car accident. The statute of limitations varies from state to state, so look into your state's laws to ensure that you don't miss the window to file the claim.
Hire an Experienced Attorney
Having an experienced lawyer working on your behalf is essential to win a wrongful death suit. Look for a lawyer that specializes in car accident wrongful death cases. One of the challenges of winning a wrongful death claim is proving that the other driver was at fault; since your deceased family member can't give an account of what happened, you will need to rely on your lawyer to do a full accident reconstruction report that will show that the other driver caused the fatal accident.
Collect Documentation As Soon as Possible
When you are in mourning it is hard to think about anything else, but collecting documentation relating to the accident as soon as possible will help strengthen your case. Call the police department to order a full accident report and make copies of the contact information of any one who witnessed the accident. Your lawyer will also likely want to interview witnesses and it is best to do this as soon as possible while memories are still fresh.
Be Prepared for the Insurance Company to Be Difficult to Work With
Wrongful death claims can cost insurance companies a substantial amount of money, so many insurance companies will do anything possible to deny this responsibility. This can be very frustrating, especially when you are still reeling from your family member's death. When you file your wrongful death claim, you should go into the process not expecting help or cooperation from the other driver's insurance company. If possible, you should save yourself the stress and have your attorney handle all correspondence with the insurance company.
Talk to a personal injury attorney like those at Burke Schultz Harman & Jenkinson Attorneys at Law as soon as possible to discuss your options for filing a wrongful death claim.