Motor vehicles are convenient. Unfortunately, they are also relatively dangerous. Drivers never know when they might encounter a drunk motorist or someone who can’t put their phone down while driving. Car crashes are a leading source of severe injury and premature mortality. When people die unexpectedly in car wrecks, their families may be left facing challenging circumstances.
Those grieving the recent death of a loved one in a car crash may hope to seek justice by taking legal action. In some cases, the criminal courts offer families closure and justice by prosecuting drunk or reckless drivers. Other times, families have to pursue justice on their own behalf by initiating a wrongful death lawsuit. Wrongful death lawsuits allow those negatively affected by fatal collisions to hold another person or a business accountable for the collision.
What do grieving family members need to know about seeking justice through the civil courts?
Only certain crashes qualify
Not every fatal collision technically involves a wrongful death. Typically, wrongful death lawsuits require evidence of either negligence or misconduct. Texting while driving or driving after drinking are examples of scenarios in which families may be able to file a wrongful death lawsuit after a fatal crash. A wrongful death lawsuit may be possible even in cases where the courts declined to prosecute a driver, as the standard for evidence is lower in the civil courts than in the criminal courts.
Specific people have the right to file
State law very clearly outlines who has the necessary legal standing to file a wrongful death lawsuit. Frequently, litigation begins with a claim made by a surviving spouse or child of the deceased individual. However, other family members can potentially pursue wrongful death lawsuits in cases involving unmarried individuals who do not have children. In fact, the personal representative of the deceased person’s estate might even be able to file a wrongful death lawsuit if there are no surviving family members to take legal action.
Typically, litigation needs to begin relatively quickly after the tragedy. There is a two-year statute of limitations that applies to wrongful death lawsuits. Plaintiffs have to request a specific amount of compensation based on the impact of the decedent’s passing.
Understanding the legal requirements for wrongful death litigation can help grieving families obtain a sense of closure and justice after a tragic fatal crash. Those who understand that the civil courts can offer justice may be able to hold the right party accountable for a deadly car wreck.
