Most wrongful deaths result from fatal car accidents but not all fatal car accidents end up with wrongful deaths, I read about this statement from a certain site and could not easily apprehend it. What about you? Well, save your time and energy for another day, let us dive and navigate the truth When Does a Fatal Car Accident Qualify for a Wrongful Death Lawsuit?
We all know that almost 95% of wrongful death result from personal injuries. According to Statistics of Personal Injury Cases, 31 million people across the USA sustain injuries that require medical treatment every year. In the USA, car accidents account for the largest causes of wrongful death of drivers, pedestrians, bicyclists, and motorcyclists.
According to the same data source above, more than 51% of personal injuries can be attributed to car accidents, 15% are due to medical malpractice, and 5% are as a result of product liability.
If you still love data, here are other facts reported by valuePenguin. According to a study done by ValuePenguin in 2020, there were 35,766 fatal car accidents in the year 2020 in which there were more than 38,824 deaths. Doing simple maths shows that, these fatal accidents caused 106 death every day.
In my own view, a wrongful death is a civil case brought up by family members of the deceased against a party or entity that is believed negligently or knowingly caused the unexpected death of a loved one.
A fatal car accident qualifies for a wrongful death lawsuit if the death of the person in the dispute was negligently or knowingly caused by another party. The person or driver who negligently caused the car accident is usually held liable.
This is not over yet. There are lots of questions you guys have been asking on this site I need to address concerning wrongful death lawsuits and how to file claims. what people get paid for the settlements? Are any family members allowed to file a wrongful death lawsuit? How about step-children or distant families? How do you calculate your payout?
Want to know more? please go through the contents of this article below, and look at only sections that are of your interest. Alright, let’s dive in more!
Page Contents
Chances of winning a wrongful death suit
In every lawsuit, be criminal or civil, the complainant needs to provide concrete evidence to stand a chance of winning the lawsuit against the defendant. Winning a wrongful death lawsuit is no different.
To win a wrongful death lawsuit, you or your lawyer will need to:
1. Prove that the accused person had a duty of care towards you. For instance, the responsible driver should not have failed to yield, or should not have run a red light, or a no DUI.
2. You should also prove that the accused person breached this duty of care. For instance, the driver violated traffic laws that bar drivers from drunken driving. You or your lawyer needs to gather all concrete pieces of evidence to pin the accused.
3. You also need to prove to the jury that breaching the said duty of care caused the accident. You may blame the driver for distracted driving yet the driver (defendant) proves that physical road conditions caused him to swerve and crash into your vehicle.
4. You must also prove to the judge or courts of law that the car accident in which the accused driver acted unreasonably caused your accident and any other financial losses as stated in the suit. For instance, the defendant could successfully urge that your back injuries could be due to recent illnesses or slip and fall accidents you had in your bathroom.
5. You must also show proof of injuries and financial losses. This is a reason you need to seek medical treatment immediately after the accident. You should also keep any evidence of expenditure you incurred, and document any physical pain or incapacitation in your daily log.
A person (plaintiff) who systematically assembles the necessary proofs as outlined above usually stands the highest chance of winning not only a wrongful death lawsuit but also any other civil or criminal case.
You will have at least more than a 95% chance of winning a wrongful death suit if you or your personal injury attorney present concrete pieces of evidence against the defendant.
Wrongful death statute
Well, this varies from place to place so you should consult an attorney in your area of Jurisdiction. But to my understanding, the wrongful statute goes as follows:
“When the death of one person is caused by any wrongful act of another or neglect or fault of another person, his or her family members or representatives are free to file a claim against the at-fault person for both economic and non-economic damages incurred by the beneficiaries”
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who gets the money in a wrongful death lawsuit?
Usually, family members, relatives, spouses, step or biological children, parents, or the estate of the deceased get money in the wrongful death lawsuit. The person who qualifies to file a wrongful death lawsuit usually qualifies to receive the money.
Any proceeds of wrongful death are shared as follows. Usually, the spouses take the largest portion followed by children and then parents. The rest of the money is shared according to losses suffered by other beneficiaries.
Wrongful death examples
There are hundreds or more examples of wrongful death cases. Below are handpicked 5 wrongful death examples.
1. Car (automobile) accidents. Almost more than 95% of all car accidents that occur daily are caused by traffic violations and or careless driving. Unreasonable driving habits increase the risks of causing car accidents which in turn causes personal injuries and deaths at large.
2. Bicycle and pedestrian accidents. Many people are knocked to death while enjoying their bikes or walking in busy traffic areas. According to Fatality Facts 2020, more than 6,516 pedestrian deaths occurred in the USA alone.
3. Medical malpractice. According to current data, 15% of personal injuries are due to medical malpractice. You won’t believe this but, according to statistics, it is estimated that more than 250,000 Americans each year die due to medical errors.
4. Premises liability accidents. Property owners have a responsibility of keeping their premises hazard free. Did you know that more than 540,000 Americans yearly suffer from slip and fall accidents requiring medical treatment? In other studies, it is estimated that in the USA, slip and fall accidents account for at least 30% of all reported injuries.
5. Workplace illnesses and accidents. An accident or fatal illness gotten while at your workplace could qualify as a wrongful death suit if the employers did not put up measures to protect you the employee. It is estimated that more than 4,764 workers in the USA died on their jobs in 2020.
Wrongful death car accident settlement
According to my research, the largest wrongful death settlement is $160,000,000 awarded in Decedent Worker’s Estate v. General Contractor, et al in Massachusetts.
A recent study survey on Reddit personal injury thread reveals that the average settlement for wrongful death in the USA lies somewhere between $500,000 to millions of Dollars. Results from the survey are further in agreement with a report that showed that the average settlement for wrongful death in Florida is between $500,000 to $1 million.
Wrongful death criminal charges
Hey, there is a clear distinction between criminal and civil law. Yes, there are cases where the plaintiff can choose to file a lawsuit in criminal or civil courts of law. By a large proportion, civil cases are usually disputes between people or other entities while criminal cases occur when a person violates criminal law.
There is nothing like wrongful death criminal charges because almost all personal injury cases are filed with civil courts of law. This is a reason why just like other personal injury cases, the disputing parties are free to end wrongful death cases out of court.
Wrongful death negligence
In law, negligence refers to the failure to act or show the care that should be exhibited by a normal person. Negligence constitutes the largest number of claims regarding car accidents and personal injuries, medical malpractice, and other causes of personal injuries.
The plaintiff is required to prove liability to qualify for the damages. Examples of wrongful death negligence include driving recklessly or traffic violations, hazardous premises, lack of protective gear or equipment from employers, defective products like medicines, etc.
Wrongful death suit payouts
Wrongful death suit payouts are made to the party whose loved one died out of the negligence or bad acts of another party. I actually analyzed 100 wrongful death settlement payouts and below are the findings.
Of the 100 wrongful death settlement payouts, the highest settlement ever recorded is $160,000,000 in a case that was handled by over 12 attorneys. It was a wrongful death case (personal injury) where the disputing parties were Galdamez, et al. v. U-Haul Co. of Pennsylvania.
On the other hand, the lowest wrongful death settlement payout is $350,000 awarded in the case- Estate of Cooper v. Correct Care Solutions L.L.C., et al, in Virginia.
Who can bring a wrongful death claim in Georgia?
If you are living in Georgia, only 3 groups of people can bring a wrongful death claim in Georgia. These are the parents of the deceased, surviving spouse, and the children.
Who can sue for wrongful death in Indiana?
The statute of limitation for a wrongful death claim or lawsuit in Indiana is 2 years. Beyond 2 years, the family or relatives of the deceased loses the right to sue for wrongful death.
In Indiana, the following people can sue for wrongful death;
- Parents of the deceased child and
- Personal representatives of the deceased
Who can file a wrongful death suit in Maryland?
Unlike Indiana, the statute of limitations for wrongful death in Maryland is 3 years. You, family members, or representatives, have up to 3 years to file a wrongful death lawsuit.
People who have a right to file a wrongful death suit in Maryland include the parents of the deceased, surviving spouse, and children. If none of the named people exist, any deceased relative is free to file a suit.
Who can file a wrongful death suit in Missouri?
The law in Missouri allows the parents, spouses, children, and any other relatives to bring a wrongful death lawsuit. Adopted children are allowed to file lawsuits but only for their adopted parents.
How much is wrongful death worth in Texas?
In Texas, the law permits any surviving spouse, parents, spouse, or estate to bring a wrongful death lawsuit against the at-fault party. Possible settlement offers vary from case to case, and also depend on many factors like the jurors handling the case, your attorney, and other circumstances that led to death.
The average settlement for wrongful death in Texas is somewhere between $500,000 to $1 million. Depending on the circumstance surrounding the death of your loved one, your case could fetch higher or lower amounts of money.
Wrongful death settlement calculator
The wrongful death settlement calculator helps to determine the amount of money you should expect in your case depending on the deceased’s information provided. What will be awarded will be calculated based on historical data, and the person’s age and financial status before death.
For instance, the death of a young person who earned $20,000 should attract more money compared to a senior person that was earning the same pay. Other factors come into the equation while determining the final wrongful death final payout.
While computing a wrongful death settlement, the jury will pay attention to the damages suffered by the family. These damages include pain and suffering of both the deceased and his family, medical bills, funeral costs, burial expenses, loss of protection, lost income, mental anguish, lost consortium, and so many others.
What are the elements of a wrongful death claim?
Earlier in this article, I touched on the proof needed to win any civil lawsuit. The deceased’s family will need to provide “clear and convincing evidence” that the accused is truly responsible for the unlawful death of their loved one.
There are a few instances where wrongful death lawsuits are filed with criminal courts of law. In this situation, the burden of proof required is higher. The person who brought up the case against the defendant will need to prove beyond doubt that the defendant is responsible for the unlawful death.
In the civil case, you still need to prove the duty of care the defendant had towards the deceased, how that duty of care was breached and how it caused injuries or death of your loved ones.
Conclusion.
1. According to Forbes, the National Highway Traffic Safety Administration estimated that there were more than 42,915 fatal accidents in the USA in the year 2021.
2. Though the average settlement for wrongful death varies from one to another, data has shown that the average settlement for most wrongful death is between $500,000 to $1 million. The highest settlement I know is $160,000,000 million.
3. A car accident qualifies to be wrongful death if there are any death involved in the accident and the cause of the car crash was either unlawful acts, negligence or intentional.
