Various factors can affect the value of a wrongful death claim your family has after losing a loved one in a fatal car accident.
Understanding Wrongful Death Claims
A wrongful death claim allows the surviving family members of an individual killed due to the negligence or fault of another party to pursue financial compensation from that party. Wrongful death claims can arise from many of the same accidents that lead to personal injury claims, such as car crashes. However, when a car accident turns fatal, a deceased accident victim’s family can pursue a wrongful death claim against a driver or other parties at fault for the crash.
Wrongful death claims do not require an at-fault party to have committed any criminal act. Instead, a party may bear liability in a wrongful death claim for negligent or reckless conduct.
Who Can File a Wrongful Death Claim?
In Pennsylvania, the personal representative of the decedent’s estate must file a wrongful death claim on behalf of certain family members entitled to recover compensation from a wrongful death claim, including the decedent’s spouse, children, and parents. However, suppose the personal representative does not file a wrongful death claim within six months of the decedent’s passing. In that case, the decedent’s surviving spouse, adult children, or parents may file the claim instead.
Common Causes of Fatal Car Accidents
Fatal car accidents typically occur due to extremely dangerous or reckless driving. Some of the most frequent causes of fatal car accidents include:
- Intoxicated driving
- Distracted driving, including driving while texting on a cell phone
- Running red lights or stop signs
- Unsafe lane changes on the highway
- Excessive speeding
- Reckless driving, such as swerving through traffic or crossing the double yellow line
- Street racing
- Inadequate vehicle maintenance
Other factors that can cause or contribute to fatal car accidents include design or manufacturing defects in vehicles, poor road conditions (such as potholes), or adverse weather conditions.
What Compensation Can You Recover?
In a wrongful death case arising from a fatal car accident, your family may have the right to recover compensation for various losses caused by the decedent’s passing, including for:
- Costs of medical treatment for your loved one’s fatal accident injuries
- Funeral and burial expenses
- Loss of your loved one’s income and benefits, including money the decedent would have earned had they lived
- Loss of your loved one’s household services, society, guidance, and comfort
A wrongful death action can also accompany a survival claim filed on behalf of a fatal car accident victim’s estate to recover compensation for losses the decedent incurred, such as lost wages between the date of the accident and their death, medical expenses incurred by the decedent, and conscious pain and suffering endured by the decedent before their death.
Time Limits for Filing Claims
Under Pennsylvania’s statute of limitations, your family typically has two years after a loved one’s death in a fatal car accident to file a wrongful death lawsuit against the party or parties at fault for the crash. However, suppose your loved one died in a car accident caused by a state or local government vehicle. In that case, your family must submit notice of your wrongful death claim to the appropriate government entity within six months of the accident before filing a lawsuit.
These deadlines make it critical to seek legal counsel promptly after a loved one dies in a car accident. If you wait too long to file a wrongful death claim, you may lose the right to seek financial recovery and accountability for your family.
Contact a Fatal Car Accident Attorney Today
After losing a loved one in a fatal car accident, your family may have the right to seek financial compensation and justice in a wrongful death claim. Contact Jason Javie Law Office today for a free, no-obligation consultation with a car accident attorney to learn more about pursuing wrongful death claims after fatal car accidents.