Losing a loved one in a car crash can be confusing and overwhelming for the affected friends and families. This shatters their lives and leaves them with more questions than answers. At this point, the assistance of a qualified fatal car accident attorney is vital.
Besides serving as compassionate allies during the grieving period, our Santa Fe fatal car accident lawyers meticulously dissect every detail of the accident. We leave no stone unturned in pursuing justice for you and your loved one.
At Lone Star Injury Attorneys, we aim to provide The Gold Standard in Personal Injury™. To speak with our Santa Fe car accident lawyers about your case, don’t hesitate to fill out our contact form.
Filing a Wrongful Death Claim After a Fatal Crash
Filing a wrongful death case following a fatal car accident in Santa Fe is typically similar to pursuing a personal injury case. The claim process is hinged on liability, and as the plaintiff, it is your absolute duty to prove your case.
Essentially, filing a wrongful death claim could help you recover compensation for the damages owed to the deceased, as well as the losses you suffer directly as a result. Hiring a skilled Santa Fe personal injury lawyer is an excellent step toward getting justice for you and your loved one.
Filing a Claim with Insurance Companies
Just as it is with other personal injury cases, you may choose to deal with insurance companies before filing a lawsuit in court. In many scenarios, most people settle with insurance companies to avoid the long, tedious, and often expensive court process.
However, this does not mean you should accept the terms and settlement offer provided by insurance adjusters. Sometimes, insurance companies are in a hurry to settle claims even before the true extent of damages is determined.
This helps maximize their profits and avoid going to court. But to protect your rights, you should let a tenacious wrongful death lawyer negotiate with insurance companies.
Going to Court
Although car accident cases rarely go to court, you still have a chance to pursue compensation through this channel. Your attorney can file a lawsuit directly without giving insurance companies an opportunity for negotiations or wait until all settlement avenues are exhausted.
While the claim process in a lawsuit is time-consuming, expensive, and often tedious, you stand a chance to recover more compensation than you would through insurance companies. For example, you may be eligible for punitive damages if your case goes to trial.
However, you should consult a qualified car accident attorney to determine the best legal avenue for maximum compensation.
How Do I Establish the Other Driver Was Negligent?
Establishing negligence in a Santa Fe fatal car accident claim is vital. The only way you can be eligible for compensation is if you show, with the preponderance of the evidence, that another party was mainly at fault for the crash. Determining this liability is hinged on the broad concept of negligence, which consists of the following four elements:
Duty of Care
The duty of care refers to individuals’ legal and moral obligation, especially drivers, to observe standard care while driving. This enhances road safety and helps prevent foreseeable harm. The duty of care also stretches beyond individual drivers to other parties, such as vehicle manufacturers, road construction companies, vehicle owners, road users, and state agencies.
Breach of Duty
If any party fails to observe the duty of care (i.e., prevent foreseeable harm from happening through an act of commission or omission), a breach of duty occurs. Depending on the circumstances and consequences of the accident, the party or persons at fault may face criminal or civil charges.
Breach of duty in fatal car accidents often involves drunk driving, aggressive driving, inexperienced driving, speeding, improper vehicle maintenance, and bad roads, among others.
Causation
Causation in personal injury law refers to the direct link between the at-fault party’s actions and the resulting harm. In a fatal car crash, causation will seek to show the link between the other party’s negligence and the resulting death.
It must be demonstrated how their actions or inactions caused the crash. Accident reconstruction, eyewitness statements, and surveillance footage are critical tools that can be used to prove causation in a fatal car accident case.
Damages
Damages in a fatal car accident case refer to the losses suffered by the deceased as well as their surviving estate. Essentially, there are two significant ways damages can be recovered.
One, you may file a wrongful death claim, compensating for the losses the deceased would have been eligible for if they survived. They may include medical expenses, lost wages, rehabilitation costs, and emotional trauma.
Secondly, you can also pursue a survival action, which compensates for burial/funeral expenses, loss of consortium, loss of companionship, loss of dependency, and emotional distress, among others.
Act Now; Our Santa Fe Fatal Car Accident Attorneys are Here to Help
Our Santa Fe fatal car accident lawyers are committed to helping you get the justice you rightfully deserve. Call the dedicated team at Lone Star Injury Attorneys today to schedule a free case evaluation.
Call or text (832) 346-9585 or complete a Free Case Evaluation form
