Skip to main content

Filing Wrongful Death Lawsuits over Car Accidents

Posted by attorney Jeffrey Rasansky

Many car accident claims are rather straightforward. For example, someone slams their car into another driver, damages the other driver’s car and the driver who was hit files a lawsuit to get compensation for their loss of property. There are lawsuits that are filed over car accidents that are much more involved than this, however, and many of them involve the wrongful death of someone who was in the accident.

Who Files Them?

Wrongful death lawsuits are filed by the survivors of the deceased. These may be family members or others closely attached to the individual who were made to suffer by the loss of their loved one.

Civil lawsuits are about monetary compensation, but filing a wrongful death lawsuit is not an attempt to exploit the loss of a loved one for financial gain. In fact, the lawsuits are usually filed because the family affected suffers a tremendous financial blow, in addition to all the emotional trauma that goes along with losing a loved one unexpectedly.

The family may find themselves without one of their main means of financial support, which means that they could face bankruptcy and other hardships due to the death. It also means that they may have a much decreased quality of life, due to not being able to afford their home any longer and for other reasons. The lawyers involved in these lawsuits will generally work with the family to determine how much they have been affected and what might be done to remedy the situation.

Hiring a Lawyer

A wrongful death car accident lawyer will usually take their cases on contingency. This means that the family does not have to pay upfront legal fees, but it also means that the family has to have a very strong case, as the attorney gets no compensation for their services if they do not win the claim.

Once the lawsuit is filed, it may take a while for it to come to trial. In the intervening time, the defendant may offer a settlement so that they can avoid going to court and paying to be represented in a claim that they’re certain they’re going to lose.

If you’ve lost a loved one in a car wreck because another driver was negligent, talk to an attorney about your options for seeking compensation. There may be a chance for you to win compensation.

RASANSKY LAW FIRM 2525 McKinnon Street Dallas, Texas 75201 (855) 833-3707

Additional resources provided by the author

Author of this guide:

Was this guide helpful?

Get Avvo’s 3-part personal injury email series

A roundup of the best tips and legal advice.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer