Fatal Car Accidents: Pursuing Wrongful Death Claims and Justice

October 7, 2023

The grief and trauma caused by the loss of a loved one in a fatal car accident is unimaginable. While no amount of money can ever compensate for such a profound loss, pursuing a wrongful death claim can provide some sense of justice and closure. This guide covers the key aspects of wrongful death cases in the context of fatal auto collisions.

Consulting a knowledgeable fatal car accident lawyer early on can help you understand your legal rights and options.

A wrongful death lawsuit is a civil case brought by the victim's family and survivors, not a criminal case pursued by the state. The goal is to hold the negligent party financially accountable through monetary compensation.

The burden of proof is also lower than in criminal cases. The plaintiffs must demonstrate the defendant's liability only "by a preponderance of the evidence," meaning it's more likely than not that the defendant's actions caused the death.

Understanding Wrongful Death Cases


A wrongful death lawsuit is a civil case brought by family members or the estate of someone killed due to another party’s negligence or misconduct. The goal is to recover financial damages to compensate mourning loved ones for their loss. This differs fundamentally from a criminal homicide case initiated by the state against an individual or corporation. Wrongful death claims arise when preventable mortality is caused by intentional battery, reckless behavior, negligence in a car accident, medical malpractice, a dangerous product, or other forms of neglect or misconduct that result in loss of life.

To succeed in a wrongful death suit, the plaintiffs must be able to conclusively demonstrate that the defendant's negligent, reckless, or intentionally harmful actions caused the death of their loved one. Meeting this burden of proof in civil court requires showing only that the defendant's legal fault more likely than not caused the death, rather than the much higher "beyond reasonable doubt" standard used in criminal cases.

Who Can Sue for Wrongful Death?

Wrongful death lawsuits are usually filed by the following parties:

  • Surviving legal spouses and children. A spouse who is separated but not legally divorced may also have standing.
  • Parents of the deceased, if there is no surviving spouse or children at the time the claim is made.
  • Financial dependents who relied on the decedent's support, such as a girlfriend, boyfriend, or fiancé(e) in some states.
  • Distant family members such as grandparents, siblings, or nieces/nephews in some situations.
  • Estate representatives or executors filing on behalf of the decedent's heirs.

The deceased victim is termed the “decedent” in these proceedings. While the decedent's estate is not technically an involved party, the wrongful death suit stems from their untimely death. Any damages successfully recovered may be distributed amongst heirs and family members according to that state's wrongful death statutes.

Potential at-fault defendants in wrongful death cases can run the gamut from individuals to large corporations. Some common entities sued for wrongful death include negligent motorists, intoxicated drivers, businesses, property owners, vehicle manufacturers, medical professionals, nursing homes and care facilities, insurance companies that deny valid claims, and even government entities in some circumstances. Essentially any person, organization, or corporation whose intentional or negligent conduct caused the death may be named as a defendant.

Elements for a Successful Claim

In a wrongful death suit stemming from a fatal car accident, the plaintiff must prove:

  • The defendant owed a duty of care to the victim
  • The defendant breached this duty through negligence
  • Breach of duty directly and proximately caused the victim's death
  • Survivors experienced compensable injuries

To prevail, the plaintiff must show it's more likely than not that the defendant's negligent driving or other misconduct caused the collision resulting in death. Police reports, accident reconstructions, eyewitnesses, and expert testimony help establish liability.

Damages in Wrongful Death Cases

There are two primary categories of damages that can be claimed and recovered in a wrongful death suit:

Economic damages refer to tangible financial losses survivors experience due to the death of a provider, caregiver, or income earner. These can include:

  • Loss of financial contributions the deceased would have reasonably been expected to make over the course of their life to survivors.
  • Funeral and burial costs.
  • Loss of employment wages, health insurance, retirement benefits, and other compensation.
  • Loss of domestic services the decedent would have provided such as childcare, transportation, grocery shopping, household chores, errands, and other invaluable forms of help.
  • Loss of anticipated inheritance funds.
  • Loss of business profits and investment income.

Non-economic damages refer to more intangible yet still devastating losses like:

  • Loss of companionship, guidance, nurturing, love, affection, protection and advice.
  • Mental anguish, pain, and suffering experienced by the decedent themselves prior to their death which surviving loved ones must cope with.
  • Loss of intimacy between spouses.
  • Loss of parental training and guidance of minor children during their formative years.

In egregious cases where gross negligence or intentional misconduct was involved, punitive damages may also be sought to punish the defendant as an example to others.

The total value of a wrongful death claim depends on many case-specific factors, including but not limited to the deceased’s age, income-earning potential, life expectancy at the time of death, degree of comparative negligence if any, and the nature and closeness of relationships shared with survivors seeking damages.

Why Legal Representation Matters

Filing a wrongful death lawsuit comes with a host of legal complexities, strict procedural requirements, and case investigation needs. Navigating the justice system alone can place already grieving families at an extreme disadvantage. Some key reasons it pays to have an experienced personal injury or wrongful death attorney include:

  • Meeting strict statutes of limitations and filing deadlines that govern these cases. Missing deadlines risks forfeiting the right to recovery completely.
  • In-depth investigation and gathering of evidence to conclusively prove liability and damages. Using legal discovery tools not available to non-lawyers.
  • Understanding which family members qualify as plaintiffs, which parties may be named as defendants, and what damages loved ones are entitled to claim under that state's specific wrongful death statutes.
  • Adhering to special evidentiary rules, damage caps, and procedural requirements applicable to wrongful death claims.
  • Offering compassionate legal guidance during the emotionally difficult time following a tragic loss.

With so much at stake both financially and emotionally, retaining specialized legal counsel is an essential step in seeking justice after losing someone dear.


Fatal car accidents inflict devastating losses on families. Legal action cannot replace loved ones, but it provides a means of pursuing justice and accountability. By understanding key distinctions around wrongful death claims, families can make informed decisions about protecting their rights and honoring those they have lost. With the guidance of caring legal professionals, the civil justice system lends order and compensation for even the most grievous harm.

Frequently Asked Questions

What is the deadline to file a wrongful death claim?

Wrongful death claims have strict statutes of limitations that differ by state, ranging from 1-4 years in most cases. An attorney can advise on specific filing deadlines.

What if the at-fault driver dies in the accident?

You can name the at-fault driver's estate as a defendant and potentially recover damages via their insurance policy. Their death does not preclude wrongful death action.

Can I recover punitive damages in a wrongful death case?

Punitive damages may be awarded in situations involving gross negligence, willful misconduct, malice, or reckless disregard for life. Experienced counsel can advise if seeking punitive damages is advisable.

Retaining a knowledgeable wrongful death attorney is critical for understanding your rights and successfully recovering damages to help your family transition financially after a heartbreaking loss. With compassion and legal experience, they can help guide you on the path toward justice.



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Carlos Diaz
I believe in making the impossible possible because there’s no fun in giving up. Travel, design, fashion and current trends in the field of industrial construction are topics that I enjoy writing about.

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