Who is entitled to seek damages for demise in a car crash?

Who is entitled to seek damages for demise in a car crash?

It is quite understandable that you won't be thinking about money immediately after losing a loved one to death. But often, people have their insurance done to cover for the expenditures of cremation rituals and burial, as well as for any medical charges as a precautionary measure for unforeseen events.


However, when the collision has happened because of someone else's fault,  in those instances, the responsibility to pay for medical bills and burial expenditures and to compensate for the loss of a loved one’s family maintenance should not be endured by the family of the one who expired. You may be wondering “Can I get compensation for a car accident?” North Carolina law specifies that immediate family members have a right to compensation if a person’s death is caused by “a wrongful act, neglect or default of another.” A wrongful death lawsuit may be filed to recover compensation on behalf of the deceased’s estate.


In case, the person who passed away had left a written deed, the executor name mentioned in the will act as the personal agent of the property. If the person died without leaving any will, the court would then designate an executive of the estate, who will then be accountable for presenting the unfair demise claim. This is usually done by the surviving spouse, an adult child, or a parent.


An unjust death claim may demand reimbursement for the following expenses after death from a car accident-


  • Medical expenses which comprise emergency care of the expired, medication bills, surgery cost, and hospitalization
  • Lost services rendered by the deceased, in terms of safety, care, and support
  • Trauma and hurt suffered by the deceased person before demise
  • Losing access to earnings for which the survivors were dependent on the expired individual 
  • Rational cremation and funeral charges
  • Loss of amity, solace, advice, and suggestions offered by the presence of the deceased person 


Who can be held liable for a lethal car accident?


In the majority of the lethal car accidents, it is usually the fault of a negligent driver’s error or his carelessness that may include overspeeding, intoxicant effects, and exhausted driving. In that case, who is to be held liable or who has to compensate for damages for a car mishap. Many car collisions occur because of the reckless behavior of drivers themselves, however in some instances, multiple parties might be involved who can be held responsible for the car accident death insurance payment.


The driver who is responsible for the lethal mishap can be accused of the offense. If the collision implies a breach of any state traffic rules and regulations or local traffic ordinance, the driver may be charged with misdemeanor death by vehicle in North Carolina. This comes under a Class A1 misdemeanor, and for which a first-time lawbreaker could be punished with up to 60 days custody and fines as considered relevant by the judge. 


Also, in a drunk driving case, the driver may be held guilty with crime death by vehicle. This comes under a class D felony punishable by 51 to 64 months behind bars for a first-time offender and penalty as considered suitable by the judge.


Even though a criminal trial may be relevant, based on the factual details, the family of the deceased person will still have to file a different civil lawsuit to seek unjust death reimbursement after the demise of the family member. It is expected from car owners in North Carolina to possess auto liability insurance as it is normally the source of damages for a loved one’s death in an automobile collision.


In case of an unfair death claim, the personal agent of the estate would have to present evidence that the accused offender was responsible for the expired person’s demise, and could have predicted that the death was a probable result of his or her carelessness, failure to act, or misbehavior.


As your car accident attorney, Wilson Williams would examine proof and establish  the reason for the unjust death mishap while assessing responsibility for the death and file lawsuits with the concerned insurance companies. Dominique Wilson Williams is a competent and committed attorney who aims to deliver best services to clients through his experience and a history of successful negotiations in the courtroom. Contact us today to book a free consultation.