Any car accident is stressful, but one that ends with a fatality is nothing short of a tragedy. No one wants to think about money when a loved one has died, but you could be deserving of a life-changing cash payout.
For that reason, despite it being for the most horrendous of reasons, it can be a good idea to know how much to expect from a car accident settlement or at least understand how a car accident settlement works.
Here, we explain car accident settlements when a death is involved and how much you can expect to receive in that unfortunate event. Payments in the cases of a car accident can work in similar ways to a personal injury case, but there are important ways that they differ too.
How Much Is The Average Payout For Car Accident Death?
There is no official average for the amount of a payout in the unfortunate event of a death that happened as a result of a car accident. Every accident is different, and the details of each have a significant bearing on what equates to an appropriate payment.
Variables can include how much the deceased person earned before they died. The award a survivor receives should make up for the reduced household income. It is often the beneficiary of a person’s estate who makes a claim against the negligent party.
Other factors in a payout for a car accident death would be the cause of the accident. The severity of any negligence usually results in a higher payout received by the claimant.
A payout will also consider any expenses that a person incurs because their loved one passed away. For example, settlements may weigh funeral costs or any medical treatment that the person needed due to the accident until their untimely death.
Finally, the amount awarded can be significant due to the pain, suffering, and mental anguish experienced by a spouse or family member following the death of a loved one.
How Are Fatal Car Accident Settlements Decided?
Fatal car accident settlements are cases of wrongful death. Wrongful death is when a person dies due to another’s unlawful act or negligence. According to the law, you can claim wrongful death if the person who died could have made a personal injury claim had they survived.
The person who makes a claim is often the executor of the deceased’s estate or a representative for the beneficiaries of that estate. They must make a claim within two years of the victim passing away.
However, before making any claims or accusations, it’s necessary to collect all the evidence that makes your lawsuit as strong as possible. An attorney will be able to do that for you and can be hired as the representative to make your claim.
Your lawyer will then serve your claim against the negligent party and start negotiations with their legal representative. It could be that the negligent party has insurance that covers such an unfortunate event, so it will be up to your lawyer to negotiate with the insurance company’s representatives.
Negotiations can result in a settlement that you are happy to accept, but it is possible to take the matter to court if you cannot resolve it this way. Court proceedings will determine what compensation you are eligible for with the help of a judge and jury.
Final Thoughts
While it is understandable to want to know what type of compensation you might receive at this challenging time, knowing what other people received in the past will not help much.
It is crucial to seek legal advice from a qualified attorney to defend your every interest. Using an attorney who is working solely on your behalf means that they will argue for what you are entitled to, which will hopefully make your life a little easier now and in the future as you mourn your loss.
