Filing a Wrongful Death Claim After a Car Wreck
December 6, 2024
Car accidents can come with tragic consequences — even fatalities. In Pennsylvania, many car accident fatalities arise from negligence, which can compound the grief and pain of the victim’s loved ones. Fortunately, there is some comfort in legal action for survivors. By filing a wrongful death claim after a car wreck, a victim’s loved ones can seek the compensation and justice they need to move forward.
To learn more about wrongful death claims, turn to the compassionate team at Wapner Newman. Our wrongful death lawyers can help you get the relief and recompense you deserve. Call us at (215) 569-0900 today.
Wrongful Death and Car Accidents in Pennsylvania
When a fatal car accident occurs, the victim’s family members may potentially benefit from damages recovered in a wrongful death lawsuit. However, this compensation is not automatic. The circumstances of the incident must show that one or more parties were at fault.
According to Pennsylvania law, filing a wrongful death claim is allowed when one party causes the death of another through any of the following:
- Wrongful act
- Neglect
- Unlawful violence
- Negligence.
On the road, there is ample opportunity for any of these situations to play out. Speeding, distracted driving, and other traffic violations are all examples of negligence that can lead to a fatal traffic accident.
Wrongful Death Damages
Wrongful death claims can provide access to damages meant to provide relief to grieving and suffering family members of decedents. These damages can cover losses such as:
- Funeral and burial costs
- Medical expenses leading up to the death
- Loss of retirement benefits
- Loss of inheritance
- Loss of expected future earnings
- Loss of companionship and care
- The emotional distress of survivors.
To avoid leaving any damages on the table, surviving family members need an experienced wrongful death lawyer who will aggressively pursue every dollar. Fortunately, there are no caps on wrongful death damages in Pennsylvania.
At Wapner Newman, we stand with you every step of the way.
Filing a Claim for Wrongful Death After a Car Wreck
Car accident crashes are usually handled by limited tort or full tort insurance. However, when a fatality is involved, the victim’s family may proceed in full tort, even if the deceased was covered by a limited tort policy. Full tort would involve a claim against the at-fault driver’s liability insurance policy.
In Pennsylvania, drivers are required to carry at least $15,000/$30,000 in bodily injury liability, meaning $15,000 per person and $30,000 per accident. However, many drivers carry more, owing to the high amount of damages they may have to pay in a car wreck.
When filing a claim against a driver’s liability insurance, proof of the driver’s liability must be present. Insurance companies will not typically pay without proof. Attorneys perform thorough investigations to gather proper evidence for such purposes. Victims’ family members can be quite instrumental in this process by contacting an attorney quickly, which can help preserve evidence that otherwise may be destroyed.
Uninsured/Underinsured Motorist Claim
As you can see, the minimum coverage amounts are quite low for cases involving wrongful death. As such, family members of those who have died in a car accident should not usually expect to have all of their losses covered by the at-fault driver’s liability insurance policy.
When losses exceed liability coverage, a claim may be made against the deceased driver’s uninsured/underinsured motorist policy. Although recommended, uninsured/underinsured motorist policies are not mandatory. They come with a minimum policy limit of $15,000/$30,000, but many people purchase higher limits, as with liability insurance.
Other Insurance Options
Other insurance options may be available as well, such as an employer’s insurance policy. If the at-fault driver is on the clock, the victim’s family may have a claim against the employer, whose policy will likely be much larger than the driver’s. Employers may be held vicariously liable for the negligent acts of their employees. They may also be held liable for their own negligent acts, such as negligent hiring.
Additionally, a defendant may have an umbrella insurance policy. Policies of this nature cover a policyholder’s general liability. When losses exceed insurance in auto cases, the umbrella policy may be tapped to pay the remaining damages.
Beyond Insurance
When all insurance has been exhausted, the only option left may be to sue the defendant directly. Suing a defendant directly may or may not be fruitful. It all depends on the financial situation of the defendant. If a defendant does not have many resources and assets, suing them may be an exercise in frustration or futility. On the other hand, it may also yield leftover damages.
When a victim’s family decides to sue for leftover damages, negotiations will usually begin, during which the defendant may try to convince the other side to settle for a particular sum. If the sum is not satisfactory and no agreement can be reached, the next step would be to file a lawsuit.
Filing a lawsuit to collect unpaid damages may not cause a case to end up in court. Instead, alternative dispute resolution may be called for, such as mediation or arbitration.
Statute of Limitations
In every Pennsylvania wrongful death case, there is a built-in time limit known as the statute of limitations. This statute gives a window of time of two years, during which filing a wrongful death claim must be initiated. The clock starts ticking on the date of passing of the deceased. Failure to comply with the time provisions of the statute of limitations can result in a loss of the right to pursue wrongful death damages.
Keep in mind that the two-year time limit does not require the case to be resolved within two years. The limit only requires that an official legal action be commenced against the at-fault party within two years. An insurance claim is not an official legal action and does not stop the two-year countdown.
For this reason, prompt action is necessary to preserve the right to compensation. Sadly, many surviving family members are unaware of the time limit and wait too long to seek damages. The result is a loss in compensation in most cases.
Apart from the statute of limitations, other reasons make filing a wrongful death claim promptly essential, including:
- Preservation of perishable evidence
- Potential for a faster payout
- Closure.
If you have lost someone close to you, don’t hesitate to seek the compensation you deserve.
Getting Justice for Your Loved One
Filing a wrongful death lawsuit is a way to get justice for a loved one lost in a car wreck and obtain resources for those who have survived. The seasoned team at Wapner Newman can provide the representation and support you need during this difficult time.
Let Wapner Newman seek the justice you deserve after losing a loved one in a Pennsylvania car accident. Call (215) 569-0900 for a free consultation with a wrongful death attorney who can fight for you.