Fatal Car Accident Claim Information
When a fatal car accident has occurred due to the negligence of another, the family is entitled to file a claim to recover monetary damages for the fatal car accident death (wrongful death).
Wrongful death claims are complex and must be brought to court by a court-appointed trustee chosen to represent the spouse and closest relatives of the deceased. Usually, a wrongful death claim must be brought to court within 3 years of the death. Any monetary compensation recovered is dispersed to the spouse and next of kin according to the agreement approved by the court.
Damages are limited to financial loss resulting from the death, including:
- Medical expenses
- Funeral expenses
- Potential earnings
- Loss of advice, assistance, protection, counsel, and companionship
Punitive damages may be awarded in a fatal car accident death with clear and convincing evidence that the acts or omissions of the defendant demonstrated deliberate disregard for the rights or safety of others.
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