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Fatal Auto Accident Claims

Fatal Auto Accident Claims

Fatal auto accidents leave families grieving and overwhelmed. An experienced lawyer could help you get the compensation you deserve.

Although no money can make up for a lost family member, it can help ease financial strain. Auto Accident Attorney Duluth could start by determining the value of your losses.

Damages in a Wrongful Death Case

The loss of a loved one is a traumatic experience, even when the death was unavoidable. Those who suffered losses as a result of the wrongful death of a family member can pursue financial compensation through a wrongful death claim. The legal process is similar to a personal injury case, and victims’ families can recover damages for both economic and non-economic losses.

The type of damages awarded depends on the individual’s specific situation and varies from state to state. For example, some states allow for a special form of damages called “general damages,” which are meant to cover the intangible impact that the death has had on the plaintiff’s life. These can include everything from pain and suffering to lost love, friendship, and companionship.

Economic damages are typically defined as any financial expenses that the victim’s family has incurred as a direct consequence of their loved one’s death. This can include things like medical bills, funeral and burial costs, and payment of the decedent’s lost wages (when applicable).

Many wrongful death cases are settled, with an insurance company agreeing to pay an appropriate amount for the claimant’s loss. However, some wrongful death lawsuits go to trial and are decided by a judge and jury. In either scenario, the party determining how much a family should receive will follow certain processes when calculating an appropriate award.

In wrongful death cases, the victims’ family members are often entitled to recover pain and suffering compensation as well. The amount of this compensation will vary depending on the circumstances, but it can be significant. Victims’ lawyers will fight to ensure that their clients receive fair compensation for the emotional trauma they have suffered in the wake of their loved ones’ deaths.

Wrongful death claims can also involve punitive damages, which are intended to punish the defendant and deter others from engaging in similar negligent behavior. The amount of these awards will depend on the extent to which the defendant’s conduct was egregious, with evidence showing that they engaged in reckless or gross negligence.


A car accident can be a terrible experience for those who survive it, but if a loved one dies, the grief and heartbreak are intense. A successful wrongful death lawsuit can allow family members to receive compensation that can ease financial stress and provide closure to an awful chapter in their lives.

A lawyer can help families determine the value of their losses and make a solid case for maximum compensation. This includes medical bills for treatments, pain and suffering, funeral costs, lost income, loss of companionship, and more. A legal professional can also investigate factors such as the cause of the crash, which parties may be liable for contributing to it, and how damages will be calculated.

Depending on the cause of a fatal auto accident, there may be several possible claims for negligence. A lawyer can review evidence such as witness testimony, medical records, police reports, traffic camera video footage, photos of the scene, skid marks, debris, and weather conditions. A lawyer can also interview survivors, examine the vehicle damage and talk to experts such as a crash reconstructionist.

The surviving family’s legal representatives must prove that the other driver or other parties were negligent or careless while driving and that this caused the crash and injuries. For example, it could be that a driver was speeding or intoxicated and crossed over the center line into oncoming traffic. The other driver might have been driving distracted, using a hand-held cell phone or texting while driving, failing to check blind spots or turn signals, or breaking traffic laws.

It could also be that the victim’s death was caused by an equipment failure such as a defective tire or faulty airbag, a manufacturing error, or the improper repair of a vehicle part. In addition, in no-fault insurance states, where drivers must pay for their own injury expenses first before pursuing an at-fault party, it’s important to have adequate insurance coverage.

It’s not uncommon for criminal charges to be filed against a party involved in a fatal car accident, particularly if the driver was drunk, reckless or engaged in other unsafe practices on the road. These are separate from a civil suit, however, and will only lead to a conviction or a not guilty verdict and do not affect the amount of compensation that a victim’s family can recover.

Damages in a Fatal Injury Case

In cases where a fatal accident occurred due to the negligent actions of a third party, such as a car driver, it is possible for an experienced team of solicitors to make a Fatal Injury Claim. These claims are often referred to as wrongful death cases, and the aim of these types of cases is to recover compensation for your losses, suffering, and the loss of a loved one.

A lawyer can work with you to establish the fault and liability for a fatal crash, and they will help you pursue the most comprehensive settlement possible. This will be based on the severity of your injuries, the cost of your medical bills, and the value of lost income or future earning capacity.

It is also important to hire an accident reconstruction expert, who can assist with the investigation of your crash and build a case for the damages that you deserve. This is because people’s recollections of the accident can vary. In addition, they may not want to admit anything that could be damaging to themselves or their loved ones. A crash reconstruction specialist will use various methods to reconstruct the scene of the crash, and this can include using video footage, black box data and photographs.

You should always seek legal advice as soon as you can after a fatal accident, as the 3 year time limit to make a claim starts from the date of your injury or discovery of your injury. In the case of a fatal car crash, this means that you should contact a solicitor immediately to ensure that you do not miss out on the maximum compensation that you are entitled to.

If the deceased person’s accident was caused by another individual, it is not uncommon for that party to be charged with criminal vehicular manslaughter. While this will not increase the amount of compensation that you receive, it will help to bring closure for your family and serve as a deterrent to others.

The lawyers at Cohen & Riechelson have decades of experience in fatal car accident lawsuits. They will fight for accountability and compensation from the other driver(s), a government entity, product manufacturers, or any other party that was responsible for your loved one’s death.

Insurance Coverage

It can be overwhelming to think about insurance claims following a fatal accident. However, you should make a claim immediately to ensure that your rights are protected. Do not delay, since it will give the other driver’s insurer a chance to investigate and try to blame you for the crash or even refuse to pay.

State law will govern how quickly you must file a claim, but it is wise to do so even sooner than that. This is because the more time passes, the more the evidence may deteriorate or witnesses could disappear. Additionally, the more details of the crash that you miss or forget, the more difficult it will be to prove your case.

You should take notes after the accident and document everything you can remember. This will help you provide clear, concise statements to the insurance company. In addition, it will be useful if you have photographs of the scene of the crash and your damaged vehicle. In addition, if you can, get the names and contact information of witnesses. You should also make a list of the other person’s involved in the crash, including their insurance policy number.

New York is a no-fault state, which means that your auto insurance will primarily cover your medical expenses and lost income after an accident. Other types of coverage are typically optional, such as property liability, which covers the cost of damage to other people’s vehicles and property. Medical payment coverage, which is required in some states, pays your medical bills regardless of who is at fault. Collision coverage, which is also optional, covers your car’s repairs after a collision. Finally, comprehensive insurance, which is optional as well, pays for non-collision claims such as weather damage and theft.

If the at-fault driver had no insurance or his or her policy limits were exhausted, you could recover additional compensation through your own auto insurance policies, such as uninsured motorist coverage. You might also pursue a claim against other parties, such as the bar or liquor store that served the at-fault driver, if he or she was intoxicated.