Dealing with the loss of a loved one is never easy. Finding out they were killed due to the carelessness of someone else? Even more difficult.
The aftermath of a fatal accident can bring not only tragedy but also legal and financial complications. The last thing families should be worried about during such a trying time is whether they’ve met all the legal deadlines or not.
This is where Wrongful Death Attorneys come in.
You may have heard of wrongful death lawsuits before but might still be wondering why they matter.
Keep reading to find out why families should file a wrongful death lawsuit after a fatal accident. We’ll cover:
- The Role of Wrongful Death Attorneys
- Understanding Legal Deadlines
- Protection of Family Rights
- Compensation Pursuit
- Timing to Hire a Wrongful Death Attorney
The Role of Wrongful Death Attorneys
Wrongful death lawyers, as the name suggests, represent the rights of families who lost their loved ones in an accident. A wrongful death claim or lawsuit is filed in the case of a fatal accident, like a car crash, a fall, a trip or any other incident where the other party could have been held liable.
The process of filing a wrongful death claim is never straightforward for the grieving families. After the initial investigation, the next steps could include: gathering evidence, filing a lawsuit, negotiating with insurance companies and more.
The work of a wrongful death lawyer begins with getting all the evidence from the accident scene. They will then verify all the documentation, including medical and police records. Their job is to see the case through every detail so the family can get the best possible outcome.
It’s important to note that a wrongful death lawsuit will differ depending on your state of residence, so only a local attorney can advise you on the specifics. When families hire a car accident lawyer in Little Rock or anywhere else immediately after the accident, it not only shortens the process but also gives them the assurance that they won’t miss any deadlines and will receive proper post-fatal accident guidance.
Understanding Legal Deadlines
As previously mentioned, each state has different time limits and rules for filing a wrongful death lawsuit. In some states, the time limit is only six months, while some states allow families to file a wrongful death claim up to 5 years after the incident.
The scale of fatal accidents in this country is staggering. According to the National Highway Traffic Safety Administration, 39,345 people died in traffic crashes in 2024 alone. Each of those deaths represents a family that may need to navigate the wrongful death process.
The clock usually starts ticking from the date of the fatality. However, there are some exceptions to this rule, which is why it’s important to know your state’s specific laws when it comes to filing a wrongful death claim.
This is not the only timeline families should be aware of after a fatal accident. Each state has its own statute of limitations for personal injury claims, medical malpractice and other relevant lawsuits. If not filed within the time specified by the state, these claims cannot be renewed later.
To avoid missing any important deadlines, it’s vital to file a wrongful death lawsuit within the time frames set by your state. Keep in mind that the time begins to run immediately after the fatal accident and the deceased family member’s death.
Protection of Family Rights
When families file a wrongful death lawsuit after a fatal accident, they have the right to:
- Present their claim in a state court
- Receive adequate compensation
- Move on with their lives and not worry about potential threats and liabilities
The protection of a family’s rights is the reason it’s of vital importance to file a wrongful death lawsuit after a fatal accident. In addition to making sure the family gets the compensation it is entitled to, a wrongful death lawsuit also helps to ensure that no one else is affected in a similar way.
A wrongful death lawsuit helps provide for financial security of the family in question. Filing a wrongful death lawsuit will protect the family from further liability and the possibility of having to pay additional compensation.
On top of that, the entire process of filing a wrongful death lawsuit after a fatal accident will make sure the family’s rights are not violated by the other party.
In addition, if a person was responsible for the fatality in any way, they may be held liable and required to pay compensation to the family of the victim.
It’s important to note that wrongful death lawsuits aren’t limited to filing in the case of a fatal accident. They can also be used when someone is killed by another person.
Compensation Pursuit
In addition to protecting the rights of families after a fatal accident, a wrongful death lawsuit is also used to pursue compensation. Families who file a wrongful death lawsuit are entitled to compensation for the pain and suffering they have been through. The exact amount of compensation will vary depending on the state and circumstances of the case.
The numbers can be significant. An analysis of 956 wrongful death cases from 2019-2024 showed the average settlement is around $973,054. The median is about $294,728, which better reflects typical outcomes for most families.
It’s important to note that families are only eligible for compensation if they file a wrongful death lawsuit within the specified time frame. After that, they can start receiving monthly benefits from the state. The amount of monthly benefits will also vary, but they should be enough for the family to move on with their lives.
It’s important to keep in mind that wrongful death lawsuits are different from other lawsuits, like medical malpractice or personal injury claims. In the case of a wrongful death lawsuit, the court will only consider the victim’s pain and suffering.
The bottom line is, a wrongful death lawsuit is there to help families of the victim move on with their lives, while ensuring that no one else is hurt in the same way. In addition, a wrongful death lawsuit will also protect the family’s rights and ensure that they are properly compensated.
Timing to Hire a Wrongful Death Attorney
It’s important to know that hiring a wrongful death attorney right after a fatal accident is the best possible thing a family can do. By acting immediately after a fatal accident, the families will be able to:
- File a wrongful death lawsuit within the specified time frame
- Get the best possible outcome from the case
- Avoid paying additional compensation in the future
- Move on with their lives without any further problems
Hiring an attorney immediately after a fatal accident is vital for the family’s future. In addition to helping to file a wrongful death lawsuit within the specified time frame, the attorney will also be able to help with other things that may arise after the accident.
The attorney can also assist with the filing of a wrongful death lawsuit in the state court. In addition to this, a wrongful death attorney will also be able to help the family with their financial security. The attorney will be able to help them get the benefits they are entitled to from the state.
The best possible timing to hire a wrongful death attorney is immediately after a fatal accident. This way, the attorney will be able to take care of everything that may arise after the accident.
Final Words
Accidents that result in death can be devastating for families. On top of the emotional turmoil, families also have to deal with the legal and financial complications that arise after a fatal accident.
That’s why wrongful death lawsuits are so important. They are the only way to make sure that the families are properly compensated and protected from further liabilities.
Hiring a wrongful death attorney is vital for the family’s future. The sooner the attorney is hired, the better the outcome of the case will be. In addition, the earlier the attorney is hired, the less the family will have to worry about in the future.
So, if you or a loved one has been involved in a fatal accident, it’s important to contact a wrongful death attorney immediately after the accident.
