Losing a loved one due to someone else’s negligence is incredibly traumatic, and choosing the right accident lawyer is critical. At Munley Law Personal Injury Attorneys, we understand fatal car accident cases’ complex and sensitive nature.
Our team of experienced lawyers is committed to providing support, empathy, and compassion to grieving clients and their families. With over 60 years of experience, we have helped deliver legal aid to numerous clients and helped to identify and collect the compensation they deserve.
Our compassionate car accident lawyers will review your case for free and guide you on your next steps. We work on a contingency fee basis, so we do not get paid unless we win your case. Contact us today through our online form or phone for your free consultation.
What’s the Difference Between a Personal Injury and Wrongful Death Lawsuit?
If you have motor vehicle accident injuries or damages due to someone else’s negligence or wrongdoing, you may file a car accident lawsuit against the at-fault party. You, the injured victim, are the plaintiff and file to collect compensation for car accident injuries, medical expenses for serious injuries, property damage, and physical and non-economic damages, as appropriate.
However, if a loved one dies in a motor vehicle accident, the deceased’s family, beneficiaries, or executors can file a wrongful death lawsuit on behalf of their loved one. The lawsuit aims to hold the at-fault driver responsible for car accident victims’ physical damages, financial support, loss of companionship, and emotional damages.
The inherent difference between a personal injury lawsuit and a wrongful death lawsuit is that an individual lawsuit is filed by a living entity for car accident injuries and losses that are managed. In contrast, a wrongful death is filed on behalf of a deceased victim and their family’s financial losses and emotional distress.
How Does the Family Establish a Wrongful Death Claim in a Fatal Auto Accident?
Filing a fatal car accident lawsuit in Pennsylvania requires several critical legal and procedural steps. The personal representative of the deceased’s estate holds the initial right to begin filing on behalf of the surviving spouse, children, and parents. This action must start within six months following the death, after which any eligible family member can pursue the claim independently.
Proving fault in these cases is involved and demands collecting detailed evidence by:
- Conducting a thorough accident investigation, which includes the police report
- Collaborating with reconstruction experts and medical witnesses to determine liability.
- Assessing potential vehicle defects.
- Interviewing eyewitnesses.
- Thoroughly evaluating the deceased’s medical records.
This process is time-consuming, expensive, and emotionally taxing for grieving families. An experienced attorney can leverage these challenges and streamline all efforts head-on. The legal team at Munley Law, Personal Injury Attorneys, manages to gather evidence, allowing bereaved families to focus on grieving while ensuring they have the documentation to uphold their case effectively.
Fatal Car Accident Claims and Insurance Company Negotiations
When a loved one dies in a car accident, the family still must negotiate a wrongful death claim with the insurance company in an attempt at fair compensation for their losses. However, insurance companies aim to minimize payouts, especially for costly wrongful death claims.
Families need to watch for common tactics insurers use to push them into accepting less money:
- If they are recording conversations with you and your family about the accident, Never agree to be recorded because these recordings can manipulated and used against you.
- Don’t give out your loved one’s complete medical history to anyone. The only need records needed are directly related to the accident.
- If an insurance company sends you a check, don’t cash it unless you agree with it as a final settlement. Even if they promise more money later, cashing the check means you accept their offer, and anything outside of the offer you receive from the check is off the table.
When you are filing a wrongful death claim, call an auto accident attorney who specializes in fatal car accidents as soon as possible. A skilled car accident attorney will guide you through the process, negotiate on your behalf, and ensure you receive fair compensation for your loved one’s death.
What Compensation Is Available for Fatal Car Accident Claims and Lawsuits ?
If you’re filing a wrongful death claim after losing a loved one in a fatal car accident, you may seek financial compensation for various damages:
- Funeral and burial expenses (up to a specified limit)
- Outstanding medical bills
- Lost wages and income
- Loss of future earnings that your loved one would have contributed
- Pain and suffering endured by your loved one before passing
- Loss of companionship and consortium
- Loss of a caregiver’s support and services
- Emotional distress and trauma experienced due to the loss
In rare cases, punitive damages may be awarded in a wrongful death claim for a car accident when the defendant‘s actions are particularly reckless, malicious, or egregious. Unlike compensatory damages, which cover tangible losses like medical bills and lost income, punitive damages punish the wrongdoer and deter similar conduct in the future. In cases where a driver’s behavior involves extreme negligence—such as driving under the influence, excessive speeding, or intentional harm—courts across the country may deem it appropriate to award punitive damages to underscore the severity of such actions and discourage others from engaging in similar misconduct.
How a Munley Law Personal Injury Attorneys Fatal Car Accident Lawyer Can Help You
When a tragic car accident claims the life of a loved one, insurance may not provide the support you truly need. Before
agreeing to any settlement from an insurance company, consulting with an experienced lawyer specializing in fatal car accidents is crucial.
At Munley Law Personal Injury Attorneys, our wrongful death attorneys are here to help you and your family seek the financial compensation you deserve during this difficult time. We understand the immense pain and sorrow you’re experiencing. Dealing with insurance companies can be overwhelming, but our car accident lawyers will handle all legal matters so you can focus on what matters most.
Fatal Car Accident Statistics
- Between 2020-2022, there have been 114 fatal car crashes daily.
- The occurrences of deadly accidents in the United States increased by more than 16%: 36,835 fatal cars in 2018 to 42,795 fatal car crashes in 2022 (USA Today, 2023).
- Approximately 1.19 million people die each year as a result of road traffic crashes.
- Road traffic injuries are the leading cause of death for children and young adults aged 5–29 years.
- More than half of all road traffic deaths are among vulnerable road users, including pedestrians, cyclists and motorcyclists (World Health Organization (WHO), 2023).
Causes of Fatal Car Accidents
Common reasons for deadly car crashes include:
- Operating a vehicle while impaired by drugs or alcohol
- Distracted driving
- Not using seat belts
- Speeding and reckless driving
- Driving while fatigued
While no amount of money can replace your lost family member or spouse, a fair settlement can ease the financial strain, and seeking justice can offer some peace of mind.
Fatal Car Accident FAQ
Following a fatal car accident, it’s imperative to have experienced car accident attorneys who can assist the family of the victim in finding closure. If you’ve lost a loved one in such an accident, Munley Law is ready to support you. Some common questions we receive and answers include:
Who can file a wrongful death lawsuit after a fatal car accident?
In Pennsylvania, if someone dies due to negligence or misconduct, a wrongful death claim can be filed by the person responsible for managing the deceased’s estate. This representative is almost always the executor named in the will. The executor’s job is to file the claim on behalf of the deceased’s beneficiaries, usually including the spouse, children, and parents.
Under Pennsylvania law, only this designated representative can initiate the wrongful death claim. If the representative fails to do so within six months of the death, any beneficiary can file the claim on behalf of ALL beneficiaries.
Suppose you’re unsure who the estate’s representative is or have questions about this process, consult us at Munley Law Personal Injury Attorneys. In that case, we can provide clarity and guidance in this legal process.
How long do I have to take legal action?
In Pennsylvania, the statute of limitations declares that you have two years from the date of a loved one’s death to file a lawsuit. However, if the cause of death was not immediately apparent, this two-year period might start from when it was discovered or reasonably should have been known.
Stricter rules are placed on cases involving government entities. They usually include shorter deadlines for notifying them and taking legal action when applicable.
Understanding these timelines and regulations can be crucial, so consider the deadline and contact a reputable attorney for a free case evaluation. Seeking advice from a lawyer can provide clarity and guidance tailored to your situation.
Will my case go to trial?
In fatal car accident cases, settlements often resolve disputes between parties, including insurers for the at-fault driver and representatives of the deceased’s estate or surviving family. These agreements can happen before a lawsuit is filed or during any stage of the legal process.
The case may move on to a trial when negotiations fail to achieve a settlement. The decision to go to trial depends on the specifics of your case and the legal strategies both sides’ legal counsel use. A knowledgeable personal injury lawyer specializing in fatal car accidents can offer insight into the likelihood of your case proceeding to trial based on its unique circumstances.
What is the difference between a wrongful death claim vs. survival action?
While a wrongful death lawsuit seeks to compensate family members for their losses, a survival action seeks to pay the deceased’s estate for the losses and suffering the deceased experienced before their death. These actions are separate but can simultaneously be exercised in Pennsylvania.
Contact a Fatal Car Accident Lawyer
Contact a Fatal Car Accident LawyerDealing with the aftermath of a fatal car accident is incredibly difficult, and you shouldn’t have to face it alone. With over 60 years of experience, Munley Law has been dedicated to helping families recover maximum compensation from such tragedies. Our committed team of attorneys will advocate for your loved one’s case, ensuring it receives the attention and justice it deserves. At Munley Law Personal Injury Attorneys, you can trust that you’re in capable hands. If you have lost a loved one to a motorist’s negligence, contact us today for a free consultation. We’re here to support you every step of the way.
