Wrongful Death in Traffic Crashes: Steps Families Should Take
Posted September 2nd, 2025 by Anthony Carbone, PC.
Categories: Personal Injury.
Losing someone you love in a car accident is one of the most painful experiences a family can face. The shock and grief can feel overwhelming. Along with the emotional pain, families often struggle with unexpected medical bills, funeral costs, and the loss of income their loved one provided.
When someone else’s careless or reckless driving caused the crash, families may have legal rights that can help them get compensation for their losses. Understanding what to do after a tragic accident can make a big difference in protecting these rights.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal case that families can file when their loved one dies because of someone else’s negligence or dangerous actions. In car accidents, this often happens when drivers make poor choices that put others at risk.
Common causes include drivers who were speeding, texting while driving, or driving after drinking alcohol. Sometimes truck drivers or their companies fail to follow safety rules. In other cases, defective car parts or unsafe road conditions contribute to fatal crashes.
The purpose of a wrongful death claim is to get financial compensation for the family members left behind. While no amount of money can bring back your loved one, this compensation can help families deal with the financial problems that often follow these tragedies.
What Compensation Might Be Available
Families who file wrongful death claims may be able to recover several types of damages. These can include the medical expenses that built up before their loved one died, even if it was just emergency room treatment or ambulance costs.
Funeral and burial expenses are often significant and unexpected costs that families struggle to pay. A wrongful death claim can help recover these expenses so families don’t have to worry about how to afford a proper farewell for their loved one.
The loss of income and benefits is often the biggest financial impact on families. If the person who died was the main breadwinner, the family may face serious money problems. Wrongful death claims can provide compensation for the income and benefits the family would have received.
Families also suffer from losing the love, guidance, and companionship their family member provided. While it’s hard to put a dollar amount on these losses, the law recognizes that they are real and significant.
Important Steps to Take Right Away
The actions families take immediately after a fatal car accident can affect their legal rights later. Make sure everyone at the accident scene is safe and call 911 right away. The police will investigate the crash and create an official report that becomes very important evidence later.
Try to preserve any evidence you can from the accident scene. Take photos of the vehicles, the road conditions, and any damage you can see. Get copies of the police report, medical records, and insurance information as soon as they become available.
Contact your insurance company to report the accident, but be careful about giving detailed statements to other insurance companies. They may try to use your words against you later, so it’s often better to wait until you have legal help.
Keep track of all the expenses related to your loved one’s death. This includes medical bills, funeral costs, and any income your family has lost. Also document the emotional impact on your family, as this can be important for your case.
Who Might Be Responsible
In car accident cases, responsibility often goes beyond just the driver who caused the crash. If a commercial truck was involved, the trucking company might be responsible for hiring unsafe drivers or failing to maintain their vehicles properly.
Sometimes car manufacturers can be held responsible if defective parts like faulty brakes or airbags contributed to the accident. Government agencies might be liable if dangerous road conditions or poor road design played a role in the crash.
An experienced lawyer can investigate your case thoroughly to identify everyone who might be legally responsible for your family’s loss.
Why You Need Legal Help
Wrongful death cases are complicated and have strict time limits. Insurance companies often try to settle quickly for much less money than families deserve. They know that grieving families are vulnerable and may accept the first offer just to avoid dealing with legal issues.
The Law Offices of Anthony Carbone understands how difficult this time is for families and can help protect your legal rights while you focus on grieving and healing.
Having an experienced lawyer means someone will handle the legal details, negotiate with insurance companies, and fight for the compensation your family deserves. This allows you to concentrate on taking care of each other during this incredibly difficult time.
Moving Forward After Tragedy
Losing a family member in a car accident changes everything. The grief process takes time, and everyone handles it differently. Don’t hesitate to seek support from counselors, support groups, or trusted friends and family members.
You may also need to make difficult decisions about your family’s financial future. If your loved one was the primary income earner, you might need help figuring out how to pay bills and maintain your household.
Taking the Next Step
No legal case can undo the tragedy your family has experienced, but pursuing a wrongful death claim can help ensure that those responsible are held accountable. It can also provide the financial resources your family needs to rebuild and move forward.
If you’ve lost a loved one in a car accident that wasn’t their fault, don’t wait to seek legal help. The sooner you act, the better your chances of preserving important evidence and protecting your family’s rights.