Understanding Wrongful Death in a Car Accident
Explore the legal pathways of wrongful death in a car accident. Discover steps, rights, and how to pursue a case. Protect your legal interests today.
A wrongful death in a car accident can be caused by negligence, recklessness, or intentional misconduct, and the parties responsible can be an individual, company, or entity.
According to the IIHS-HLDI, in 2023, 40,901 people died in motor vehicle crashes. Road and health conditions may not always be ideal, and unfortunately, yet commonly, fatal accidents happen. Some may occur as true accidents, but others may come from irresponsibility, in which case you can pursue legal action.
In a wrongful death in a car accident, you can’t bring back the deceased. But you can receive fair compensation for all the suffering and hardships you and your loved ones have to endure.
What Happens if Someone Gets Killed in a Car Accident?
If someone’s killed in a car accident, there are several legal and investigative steps that happen.
First, the police will investigate the crash. This involves:
- Gathering evidence
- Interviewing witnesses
- Determining whether traffic laws were violated
From there, the at-fault driver may face criminal charges, especially if drugs, alcohol, or reckless behavior were involved.
As for family rights after a car accident, the deceased’s loved ones can file a wrongful death claim. This allows them to recover damages, and they can receive compensation for:
- Funeral expenses
- Medical bills
- Lost future earnings
- Pain and suffering
- Loss of companionship
The insurance companies may also conduct their own investigations. Then, negotiations may happen between the insurer and the family’s attorney. This can either resolve the wrongful death claim or prepare everyone for trial.
Our Team Is Here To Assist You Every Step Of The Way.
SPEAK TO AN ATTORNEY TODAYWhat Does It Mean To Be Liable for Wrongful Death?
Being liable for wrongful death means that a party (person, company, or entity) is legally responsible for causing someone’s death through:
- Negligence
- Recklessness
- Intentional misconduct
Car accident fatality claims allow family members of the deceased to get compensation for both the financial and emotional impact of the person’s death.
Someone may be liable if death occurs from actions like:
- Careless driving
- Violating traffic laws
- Selling a defective vehicle part
- Failing to maintain safe road conditions
Your Rights as a Surviving Family Member
Surviving family members (spouse, children, or parents) in Oklahoma have specific legal rights that ensure accountability and financial protection. You can seek compensation for:
- Emotional losses
- Lost financial support
- Value of the deceased’s contributions to the household
Your other rights include:
- Obtaining accident reports
- Requesting evidence from insurers
- Consulting an attorney before speaking with anyone representing the at-fault party
Key Steps to Take After a Fatal Car Accident
We understand that taking action after a fatal crash can be overwhelming and emotional. However, doing so promptly and efficiently can significantly affect the outcome of your claim. Plus, you must act fast because of the statute of limitations.
First, get the police report and preserve any available evidence if possible, such as:
- photos
- Witness contact information
- Medical records
Next, inform the insurance companies involved. Try to avoid using detailed statements until you get legal guidance, as these words can be used against you.
Enlisting the help of a wrongful death attorney can be hugely beneficial. Not only can they help make sure that deadlines are met, but they can also build a strong case and manage communications on your behalf.
How to Pursue a Wrongful Death Case
To pursue a wrongful death case, you must first appoint a personal representative. This can be done either through the deceased’s will or by the court. Either way, the representative can then officially file the lawsuit on behalf of the estate and the surviving family members.
During the case, both sides will exchange information, including:
- Evidence
Expert reports - Accident reconstructions
- Financial documentation
In many cases, they’ll settle through negotiation or mediation. However, some may proceed to trial if liability or damages are disputed.
Frequently Asked Questions (FAQs)
What Is the Maximum Payout for Wrongful Death?
There is no maximum payout for wrongful death in Oklahoma. The compensation will depend on things such as:
- Victim’s age
- Victim’s income
- Victim’s level of suffering before death
- Emotional and financial impact on surviving family members
The state doesn’t cap economic damages, so you can fully recover:
- Medical bills
- Funeral costs
- Lost income
Non-economic damages aren’t capped either, so you can get full compensation for grief and loss of companionship as well. However, punitive damages can be subject to certain limits.
Ultimately, the payout you can get for wrongful death will range from tens of thousands to several million dollars.
Is Wrongful Death the Same as Manslaughter?
No, wrongful death isn’t the same as manslaughter. Wrongful death is a civil claim, while manslaughter is a criminal charge.
With the former, the main focus is compensation for the surviving family members. On the other hand, the main focus for the latter is prosecution by the state, and this can result in:
- Imprisonment
- Fines
- Permanent record
Do note that a person can face both actions at the same time.
Is Wrongful Death the Same as Negligence?
Wrongful death is related to negligence, but they’re not exactly the same thing. Negligence refers to careless or reckless behavior that violates a duty of care, and examples include:
- Speeding
- Distracted driving
- Failing to yield
Wrongful death can arise if negligence results in a fatality. So negligence is the behavior that can cause harm, while wrongful death is the legal action taken when that negligence causes death.
Get Justice for a Wrongful Death in a Car Accident
It’s always horrible to have to go through a wrongful death in a car accident, as you can never replace your loved one. However, there are ways to lessen the blow, such as through a wrongful death claim.
With the aid of a solid car accident lawyer, you’ll be able to get through the process smoothly. As a result, you and your family can focus on healing while the lawyer takes care of the more difficult things.
Would you like assistance filing a wrongful death lawsuit? Then contact us now for a free case consultation. BDIW Law is available for you 24/7, and we have a wealth of experience litigating cases in the courtroom for our clients.
