Losing a loved one in a car crash is painful, and for many individuals, it is hard to know how to move forward. The loss of a family member can leave survivors with mental trauma, a loss of companionship and support, and financial difficulties. If your loved one provided all or part of the household income, you have financial stress to deal with on top of the mental trauma you’re experiencing.
While we know that no amount of money can make up for your loved one’s death, compensation is the primary way to hold the offending party accountable through the legal system. A wrongful death claim can help you make up for a loved one’s lost income, cover final expenses, and start planning for the future. Working with a fatal car accident attorney can help you make the strongest case possible. Call Davis Injury Lawyers, PLLC. today at (313) 462-7979 to start your claim.
Why You Need Legal Assistance After a Fatal Car Accident
In the wake of deadly car accidents, it may seem that legal assistance is not necessary. If it’s completely clear that the other party was in the wrong and caused the accident, you might expect their insurance company to do the right thing, pay out a fair settlement, and move on.
This is often not how it goes. Insurance companies often initially appear to have your best interests in mind. They may even seem sympathetic. Their only goal, though, is to improve their company’s bottom line, get them out of legal trouble, and close a claim as quickly as possible. This means that you could be offered much less than you stand to lose after an accident. They might even try to find a way to pin the accident on your loved one, adding insult to injury.
Communicating with the liable party’s insurance company is a fruitless task. It’s unlikely that anything you say will cause them to offer more, but it’s easy for them to use something you’ve said to reduce your settlement offer or refuse compensation entirely. Hiring a fatal car accident attorney can significantly reduce your stress and give you a fighting chance at justice.
Attorney Maurice Davis will take over communication with the insurance company and begin investigating your loved one’s car accident. As they begin to build a timeline and uncover what happened before, during, and after the accident, they will use the evidence they gather to figure out how much compensation you deserve. If the insurance company is not open to negotiating a fair settlement, your attorney will prepare for court. Whether justice can be found at the negotiating table or in the courtroom, your attorney will advocate aggressively on your behalf.
Causes of Fatal Car Crashes
Car accidents are extremely common in the United States. Many accidents can be traced back to a specific negligent action by the liable driver. Common causes of fatal car accidents include:
- Reckless driving
- Speeding
- Hit and run accidents
- Driving under the influence
- Driving too fast for weather conditions
- Aggressive driving
- Distracted driving
- Unsafe road conditions
Fatal Car Accident Statistics in Michigan
Through the Traffic Crash Reporting System, the Michigan State Police collects and maintains data on car crashes throughout the state. Across all age ranges and genders, there were 974 car crash fatalities in Michigan in 2018.
The most common hazardous actions linked to traffic fatalities include driving too fast, failing to yield, driving carelessly, or driving recklessly. In a substantial amount of fatal crashes, no hazardous action could be uncovered. Fatal car crashes occurred more often on city roads and streets than on interstate routes, U.S. routes, or M routes.
Some types of car accidents are more likely to lead to fatalities than others. Many fatal car accidents involved a single motor vehicle. The most common types of multi-car accidents that led to fatalities include head-on crashes, angled crashes, and rear end car collisions. Some crashes involved a pedestrian hit by a car.
Wrongful Death Cases and Claims in Michigan
If another driver caused the crash that killed your loved one, you may be able to seek compensation with a wrongful death case. In Michigan, the personal representative of the estate must be the one to file a wrongful death suit. A case must be filed within three years of the date of death, and within 30 days of filing, the personal representative must notify the decedent’s family members in writing.
While you do technically have three years to file a wrongful death suit against the responsible party, it is not recommended that you wait that long. The longer you wait to start a case, the more likely it is that evidence will be lost or destroyed. This makes it difficult to pursue a lawsuit. You should reach out to a car accident attorney as soon as possible after a crash.
There are several types of damages that may be available in this type of case. Much depends on how much medical care the decedent received prior to their death, how the other driver contributed to or caused the accident, and the decedent’s contributions to their family.
Damages that may be available in a fatal car crash case include:
- Funeral and burial expenses
- Crash-related medical care
- Lost wages and income, including what the decedent would have likely earned in the future had they lived
- Pain and suffering caused to the decedent prior to their death
- Property damage
- Family members’ pain and suffering
- Loss of companionship
Seek Justice With the Help of a Detroit Fatal Car Accident Attorney
When your loved one is killed in a car accident, it’s hard to think about how you’ll get through the next day, much less the rest of your life. However, with the help of a fatal car accident attorney, you can seek justice. Let the team at Davis Injury Lawyers handle the legal side of your loss while you focus on healing and moving forward. Set up a consultation now by calling us at (313) 462-7979 or filling out our online contact form. We are here to help during this painful and difficult time.