Friday, April 12, 2024

How to Deal with Wrongful Death After a Car Accident


Car accidents are unfortunate happenings on our roads and can lead to severe injuries and fatalities. Losing a loved one in an accident can be traumatizing and painful. Again, knowing that the death is attributed to another person’s negligence can be hard to bear. Nevertheless, filing a wrongful death lawsuit is the only way to get justice after losing a loved one in a car accident.

 What is a wrongful death lawsuit?

 This is a legal claim filed by family members or relatives to seek justice after losing a loved one in a auto accident, workplace, or due to medical malpractice. The death should be attributed to the carelessness of another party or violence. A personal representative is often appointed over the deceased estate in such cases.

However, not all deaths qualify as wrongful deaths; the matter is dealt with in a civil court. The burden of proof is a predominance of the evidence in such a case, hence the need to engage an injury lawyer or wrongful death attorney.

What is the best way to deal with a wrongful death?

  • Understand the elements of wrongful death cases

Understanding the elements of wrongful death cases is vital. These include; negligence, breach of duty, damages, and causation.

  • Negligence

In personal injury cases, you must prove beyond doubt that the injuries or death resulted from negligence or carelessness by another party.

  • Breach of duty

 To succeed in a wrongful death case, you must establish that the defendant owed a duty to the victim. For instance, it’s the duty of a motorist to drive safely and adhere to traffic rules to ensure the safety of passengers and other road users.

 Similarly, medical health providers must maintain a patient’s health. And they can be held accountable in case of mistakes leading to injuries or death of the patient. In a personal injury case, the victim’s family must establish how breach of duty existed due to negligent actions of another person.

  • Causation

I addition to proving that breach of duty existed, you must also prove that the defendant’s negligence resulted in injuries or death of your loved one. And this is why you need an attorney’s expertise to succeed in wrongful death lawsuits.

  • Damages

 You must prove quantifiable damages to prove a wrongful death case. These may include;

-Medical expenses


-Loss of income

– Burial costs

– Pain and suffering before the death of the victim

  • Hire an attorney

  Personal injury and wrongful death cases are complex, and you need legal expertise to deal with such lawsuits. An attorney will guide you in the process of filing a lawsuit and guide you in the entire process. The professional will defend you in court and present proper evidence to show that you qualify for compensation. Additionally, they will negotiate with the insurance company to ensure that you get justice for your loved one.

 The bottom line

 Wrongful death aces happen each day. To ease the lengthy process, you need an attorney to guide you and prove negligence by the other party. They will gather adequate evidence to help you succeed in the case and get the right compensation.

As a Brisbane Car Accident Lawyers leading law firm in the area of personal injury, medical malpractice, and wrongful death. We are committed to providing our clients with aggressive representation that always puts their interests first.

Eric Lilly
the authorEric Lilly