In 2021, 39,508 people lost their lives due to car accidents. Losing nearly 40,000 people to negligence is not acceptable. The loved ones of the victims will suffer a lot because of this.
Some of the common causes of fatal car accidents include:
- Driving under the influence
- Distracted driving
- Violating traffic rules
- Defective parts
The reasons above occur because someone breached the duty of care they owed to others. It is important to get help from a car accident lawyer if you have lost a loved one in a car accident.
These lawyers can help the surviving family get justice for their loved one’s death, along with some compensation for their losses.
Dealing with a fatal car crash
The surviving victim will be very confused about what to do after a fatal crash. Losing a loved one can be devastating and cause mental distress. Overcoming that and thinking about legal action is very difficult.
However, the actions a surviving victim takes after a fatal crash are very crucial. Their actions will have a huge impact on the aftermath of the crash. The following are some actions the surviving victim must take:
File a police report
Filing a police report after a fatal car crash is a necessity. The police will make a detailed report of the accident. This report will contain crucial information, like the date and time of the accident and witness statements.
They will also take pictures of the accident scene. This police report is a great piece of evidence that can prove the negligence of the at-fault party.
Document the losses
The surviving victims must document all the losses they incurred as a result of the accident. The following are some economic losses the victim must document:
- Medical expenses when the person was alive
- Expenses incurred to repair the damage to the victim’s car
- Funeral expenses
- Loss of income as a result of the death
These are just economic losses. In wrongful death cases, the surviving family will sustain more non-economic losses than economic losses. The following are some of the non-economic losses the surviving victim will sustain:
- Mental distress
- Loss of companionship
- Loss of enjoyment of life
- Loss of quality of life
The victim can prove these losses by maintaining a journal.
Speak with a lawyer
Consulting a lawyer after a fatal car crash is crucial. A car accident attorney can help victims in the following ways:
- Investigating and gathering evidence
- Determining liability
- Accurate calculation of the losses
- Negotiating with the insurance company
- Representation in court, if needed
The lawyer’s contribution to a car accident case is invaluable. The victims must speak with multiple lawyers and choose the one they are comfortable with.
File a claim
The best way to punish the at-fault party for their negligence is by filing a claim. Note that it is the claimant’s responsibility to prove their claim. They should prove the following:
- The at-fault party owed a duty of care to the deceased person
- The at-fault party breached that duty of care
- The breach of duty is the direct cause of the accident
- The surviving victim suffered damages due to the accident.
The above four are known as the elements of personal injury law. It is necessary to prove all these elements to win a case.
Get emotional support
It is a difficult time for the surviving family. The loved one will be in a state of depression. They must seek the help of a good psychiatrist to overcome their grief.
It is hard to accept the death of a loved one, but it should be done. Overcoming this grief is possible only if the person accepts reality. They should try to be with their friends and family as much as possible.
Wrapping up
Losing a loved one is hard. It is even more difficult when the death is a result of negligence. The at-fault party must be severely punished. It is the only way to deter them from engaging in such behavior. The victim can do this with the help of a good car accident attorney.
