Who Can File a Wrongful Death Lawsuit After a Car Accident?

A wrongful death lawsuit can be filed if someone dies due to the negligence of another person. If a loved one passes away in a car accident caused by another driver’s actions, their family may have the right to file a wrongful death suit.

BAM Personal Injury Lawyers helps surviving family members understand how to file a wrongful death claim. We guide you through the process and work to get you the financial compensation you deserve. Our experienced team will help you deal with insurance companies, gather evidence, and protect your rights. If you've lost a loved one in a fatal car accident, we’re here to support you in this difficult time.

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Who Can File a Wrongful Death Lawsuit?

In general, the family members of the deceased person can file a wrongful death lawsuit. This is typically done to seek justice and compensation for their loss. However, not everyone may have the legal right to file. The specific people who can file a claim depends on their relationship with the deceased.

Immediate Family Members

Immediate family members, such as a surviving spouse, children, or parents, are typically the first to have the right to file a wrongful death suit. If the deceased person had a spouse, they can file a wrongful death claim. Similarly, children or parents of the deceased person may also file if there is no surviving spouse.

These family members are usually entitled to compensation for their emotional and financial losses. This includes loss of companionship, support, and the financial contribution the deceased person made to the household. Each state may have different rules about who can file, but immediate family members are the first to be considered.

Legal Representative of the Estate

The legal representative of the deceased person's estate can also file a wrongful death lawsuit. This could be a person chosen by the deceased in their will or someone appointed by the court, such as an executor or administrator.

The legal representative may file the lawsuit on behalf of surviving family members. They work to get compensation for the estate, which may be distributed to the family. The estate can seek compensation for the deceased person’s medical bills, funeral expenses, and any lost wages the deceased would have earned.

Siblings and Other Relatives (in Limited Cases)

In some situations, siblings or other relatives may have the right to file a wrongful death suit. This typically occurs if there are no surviving immediate family members or if the surviving family members are unable or unwilling to file.

In these limited cases, the court may allow extended family members, such as brothers, sisters, or other close relatives, to file a wrongful death claim. The specifics depend on state law and the relationship between the deceased person and the relatives involved.

Common-law Partners or Unmarried Partners

• Common-law partners: In some states, common-law partners who live with the deceased may be eligible to file a wrongful death claim. These partners must meet specific requirements to prove their relationship.
• Unmarried partners: Unmarried partners may also file in certain circumstances, though this is less common. The courts often consider the emotional and financial relationship they had with the deceased.

When Can a Wrongful Death Lawsuit Be Filed?

A wrongful death lawsuit can only be filed under certain conditions. Understand when you can file, as there are time limits involved. The following factors determine when you can pursue a wrongful death claim.

The Death Must Have Been Caused by Negligence

For a wrongful death lawsuit to be filed, the death must have been caused by someone else’s negligence. This means the death was the result of an accident or action that could have been avoided. In car accidents, negligence could be due to a driver running a red light, driving under the influence, or texting while driving.

If the at-fault party acted carelessly or failed to follow traffic laws, this could support a wrongful death claim. Proving that the death was caused by negligence is crucial to the case. A wrongful death lawyer can help gather evidence and build a strong case to prove negligence.

Time Limits (Statute of Limitations)

Each state has a time limit for filing a wrongful death lawsuit, known as the statute of limitations. This time limit varies depending on where the accident occurred, but it’s usually between two to three years. If you do not file within this time frame, you may lose your right to claim compensation.

The statute of limitations begins from the date of the deceased person’s death. If you’re considering filing a wrongful death lawsuit, act quickly. A wrongful death lawyer can help ensure your case is filed within the legal time limits.

In Utah and Idaho, the statutes of limitations for filing a wrongful death lawsuit are as follows:

Utah:

• Time limit: A wrongful death lawsuit must be filed within two years from the date of the deceased person's death.
• Relevant statute: Utah Code § 78B-2-304(2) specifies that an action may be brought within two years for "an action for wrongful death."

Idaho:

• Time limit: A wrongful death lawsuit must be filed within two years from the date of the deceased person's death.
• Relevant statute: Idaho Code § 5-219(4) states that an action for personal injury or wrongful death must be filed within two years after the cause of action accrues.

Note that these time limits are strictly enforced. Failing to file a wrongful death lawsuit within the specified period may result in losing the right to seek compensation. Consulting with a qualified attorney promptly can help ensure that your case is filed within the appropriate time frame.

What If Criminal Charges Are Also Filed?

In some cases, criminal charges may be filed against the person responsible for the fatal car accident. This often happens if the driver is under the influence of drugs or alcohol or if the accident is caused by reckless driving.

Even if criminal charges are filed, this does not affect your right to file a wrongful death lawsuit. Criminal cases focus on punishing the wrongdoer, while a wrongful death claim seeks compensation for the family. Both cases can proceed at the same time, and the outcome of the criminal case may even help your wrongful death claim.

What Compensation Can Be Claimed in a Wrongful Death Lawsuit?

If you file a wrongful death lawsuit, you may be entitled to several types of compensation. The amount you can claim depends on your relationship with the deceased and the specific circumstances of the accident.

Economic Damages (Financial Losses)

• Medical expenses: This covers the medical costs the deceased person incurred before passing, including hospital stays, surgeries, and treatments related to the accident.
• Funeral and burial costs: Compensation for funeral and burial expenses can be a significant financial burden for surviving family members.
• Lost wages: Compensation for the income the deceased would have earned if they had not passed away. This also includes the loss of future earnings.
• Loss of financial support: If the deceased provided financial support to the family, this compensation can help replace that loss. It includes contributions to daily living expenses or other financial obligations.

Non-Economic Damages (Emotional & Personal Losses)

• Pain and suffering: Compensation for the pain and suffering the deceased person endured before death. This also covers the emotional suffering endured by surviving family members.
• Loss of companionship: Compensation for the loss of the deceased person’s emotional support and companionship. This includes the impact of losing the deceased as a spouse, parent, or family member.
• Loss of consortium: This refers to the loss of a close personal relationship. A surviving spouse may claim compensation for the loss of intimacy, affection, and other elements of their marriage.

Punitive Damages (For Extreme Negligence)

Punitive damages are meant to punish the at-fault party for extremely negligent or reckless behavior. These damages go beyond compensation and are designed to deter others from engaging in similar actions. Punitive damages are often awarded in cases where the responsible party’s actions were particularly harmful, such as driving under the influence or committing a criminal act that directly caused the death.

These damages are not common but can be significant when awarded. A wrongful death lawyer can help prove that the defendant’s behavior was extreme enough to justify punitive damages, which can increase the total compensation awarded in a wrongful death lawsuit.

How to Prove Liability in a Wrongful Death Car Accident Case

Proving liability in a wrongful death car accident case is essential for getting compensation. You need to show that someone else’s negligence or intentional actions caused the fatal accident. Here’s how this can be done.

Evidence Needed to Prove Negligence

To prove negligence, you need strong evidence that shows the at-fault party’s actions led to the fatal accident. This includes things like:

• Accident reports: Police reports help show who was at fault and what happened during the crash.
• Witness testimonies: Statements from people who saw the accident can help support your claim.
• Medical records: These show the injuries the deceased person sustained and the medical care they received.
• Expert opinions: Sometimes, experts may be needed to analyze the cause of the accident or explain how the driver’s actions caused the death.

Gathering this evidence is critical. A wrongful death lawyer can help collect the right documents and build a solid case for you.

Common Defenses Used by the At-Fault Party

• Contributory negligence: The at-fault party might argue that the deceased person was partially responsible for the accident. If this is proven, it could reduce the compensation or even dismiss the case.
• Accident was unavoidable: The defendant might claim that the accident was unavoidable due to road conditions or another factor beyond their control.
• No direct cause of death: Sometimes, the defense might argue that the death wasn’t caused directly by the accident but by other health issues or pre-existing conditions.

Role of a Wrongful Death Attorney

A wrongful death attorney plays an essential role in building and managing your case. They will:

• Investigate the case: They will gather evidence, talk to witnesses, and consult experts if needed.
• Negotiate with insurance companies: They will deal with the insurance company to make sure you get a fair settlement.
• File the lawsuit: If a fair settlement can’t be reached, they will file a wrongful death suit on your behalf and represent you in court.

A lawyer’s experience and knowledge can make a huge difference in the outcome of your case.

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Contact Our Utah Wrongful Death Lawyer for a Free Consultation

If you have lost a loved one in a fatal car accident, BAM Personal Injury Lawyers is here to help. We understand the emotional and financial toll a wrongful death can cause, and we are committed to helping you get the compensation you deserve. Our experienced wrongful death lawyers will guide you through the legal process and ensure that your family’s rights are protected.

Whether you need help with a wrongful death claim, negotiating a wrongful death settlement, or filing a lawsuit, we’re here for you. We offer a free consultation to discuss your case and provide the legal support you need. Let us fight for justice and financial support for your family. Contact us today to start your wrongful death case.