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Motor Vehicle Wrongful Death Lawsuit: What You Should Know

Motor Vehicle Wrongful Death Lawsuit: What You Should Know

Shapiro Law Team November 14, 2022 Car Accidents,Wrongful Death

When a car ride turns deadly due to another party’s negligence, it’s hard to move on or know what to do. Between the grief, injuries, and damages, you could be left wondering how you’re going to get through it. One path you should at least consider taking is a wrongful death lawsuit. This could help you recover compensation and justice. Here’s what you should know about wrongful death lawsuits.

What is the Wrongful Death Act?

If someone is killed or dies due to the dereliction or recklessness of another, the surviving beneficiaries can sue for wrongful death. Compensation for these claims can be collected regarding pain and suffering, lost wages, and funeral expenses. Wrongful death claims vary between states. Some states may even allow a romantic partner (not married) to file a lawsuit.

Vehicle Collisions that Can Cause Life-Threatening Injuries

What some people may not fully understand is that a wrongful death doesn’t have to have happened immediately following an accident. Several injuries can turn fatal quickly.

Common injuries in a car crash that may turn fatal include:

  1. Traumatic brain injury
  2. Spinal cord injury
  3. Internal bleeding
  4. Broken bones

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What Makes a Fatal Auto Accident a Wrongful Death?

The key difference between a fatal auto accident and a wrongful death claim is the cause. A wrongful death occurs when a person dies due to the negligence of someone else.

Despite a death still occurring, if it wasn’t due to negligent driving acts like drunk or distracted driving, it’s not likely to be counted as wrongful death.

How To Pursue Wrongful Death Claim in a Motor Vehicle Accident

What Must Be Proven?

The victim’s family, who is pursuing the wrongful death lawsuit on their behalf, must present the same burden of proof the victim would have had they lived. This means the victim’s family (plaintiff) must prove that the negligent party (defendant) owed the victim a duty of care, which the defendant breached, directly resulting in the death of the victim.

It’s a burden of proof and a burden to put yourself through on your own. That’s why most families reach out to an auto injury attorney they can trust.

Time Limits for a Wrongful Death Lawsuit

We don’t advise taking immediate action following a loved one’s wrongful death. However, there is a statute of limitations for wrongful death claims. In many states, including Arizona, it’s two years. Take some time to grieve, and then consider hiring a wrongful death lawyer.


If you were recently in an out-of-state car accident and can’t agree on a settlement or think you’re not getting fairly compensated, it’s time to lawyer up.
Learn more about What To Do If You Are In An Out-Of-State Car Accident.


Shapiro Law Team Can Help You With Your Wrongful Death Claim

A wrongful death lawsuit is never easy on the victim’s loved ones, but it’s an important part of your healing and recovery process. It’s also important to hold negligent parties accountable for their actions.

When it comes to holding wrongdoers accountable and winning victims the compensation they deserve, you can rely on Shapiro Law Team. We have a proven track record of success and our mission is to help families get through the toughest of situations. Contact us today.

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