According to the National Highway Traffic and Safety Administration, more than 37,000 people are killed on American roads every year. These fatal road accidents involve pedestrians, motorcycles, trucks, or cars. In most car accidents, insurance companies are usually involved.
If you’ve lost a loved one in a fatal car accident in Plymouth, you deserve compensation from the other driver’s insurance company. However, the process of filing for a car accident claim in such a situation is not easy and the insurance company won’t just write you a check for the amount that you asked for. A Plymouth car accident lawyer, however, can help you with your car accident claim. It’s also crucial that know how to protect your wrongful death claim against the driver at fault and other parties involved in the accident.
Pursuing a wrongful death claim in Plymouth, MA
Following the death of your loved one in a car accident, the police will conduct an in-depth investigation into the accident. Once they establish that the cause of the fatal car accident was due to negligence by the other driver, you will have a basis for filing a wrongful death claim. Wrongful death is defined as death that occurs due to the wrongful act of another person.
You can file a wrongful death claim if your loved one was a family member or if you are the estate representative. You have three options for pursuing compensation
- If the driver who caused the accident was underinsured or uninsured, you can file a claim with your loved one’s insurance company
- If the at-fault driver was insured, you can file a claim with their insurance company
- You can file a wrongful death lawsuit against the driver who was at fault
Pursuing underinsured or uninsured coverage
If your loved one was a member of your household and the other driver was uninsured, you can turn to your family’s car insurance policy. Household members who are covered and live in the household include:
- Parents
- Grandchildren
- Stepchildren
- Adopted children
- Biological children
- Spouse
- The child’s spouse
Which damages can you claim in a wrongful death claim?
The law in Massachusetts states that you have three years from the date of the death of your loved one to bring a wrongful death case. You will be able to seek damages such as
- Funeral expenses
- Medical bills for the treatment they received
- Pain and suffering of your loved one before they passed away
- Loss of future income and benefits new line
- Loss of companionship suffered by the spouse the children parents siblings and family members
- Loss of Consortium for the spouse
- Loss of mentoring and guidance suffered by the children
The state of Massachusetts has a set of rules that govern wrongful death claims. You should consult a Plymouth wrongful death accident lawyer to help you navigate the process of filing for a wrongful death claim.
Proving a car accident wrongful death claim in Plymouth
The basis for your wrongful death claim is that your loved one died because of someone else’s negligence. In order to prove that they were negligent, you have to prove to the insurance company that:
- The driver owed you a duty of care. This means that the driver was legally obligated to avoid causing harm to others on the road.
- They breached their duty of care. This means that their actions or inactions caused harm
- Proximate cause. There is a direct link between the other driver’s actions and the injuries that led to your loved one’s death.
- Damages. Your loved one’s death resulted in damages such as medical bills, funeral expenses, etc.
How to protect your wrongful death claim compensation
The first step is to hire a skilled Plymouth car accident lawyer. Fatal car accident claims are time-sensitive, complex. Only an experienced lawyer can effectively pursue your car accident claim. It’s important that you file a wrongful death claim as soon as possible before the statute of limitations expires or you won’t be able to do it.
At Kevin P Landry Law Offices, we can handle your wrongful death claim by charging you a contingency fee. This means that we won’t be paid until we recover compensation for you. It’s also risk-free to schedule a consultation with us because we don’t charge for initial consultations. Schedule your free consultation with us today by calling 508-746-2700.
