The question of how much money do your family members get if you die in a car crash often haunts families who have lost loved ones in a crash. While the loss of a loved one is often devastating, the surviving family members can sometimes seek compensation from the insurance company of the at-fault driver. Although auto insurance death benefits can be complicated, an attorney can explain how they work.
The compensation you receive will depend on how much the other driver was at fault and the total damages caused by the accident. These damages could include funeral costs, medical bills, and property damage. If you die in the car accident, your family members are entitled to one-third of the total compensation. However, you should be aware that the insurance company may attempt to intimidate you and get personal information from your family in order to get your money.
Depending on the state, filing a wrongful death claim can be challenging. The surviving family members of the deceased will need to open an estate and appoint a personal representative to file a claim on the deceased’s behalf. The personal representative of the estate may also file a claim on behalf of the deceased’s estate. Alternatively, an individual from the deceased person’s family can file a wrongful death claim directly on behalf of the family.
In the United States alone, approximately 1.2 million people die in car accidents every year. Of these, most car accidents are the result of driver negligence. Many fatal accidents are caused by alcohol or drug impairment, as well as reckless driving. When this occurs, the injured party will be left with an uncertain amount of money. Those who are left behind may be able to collect compensation from the negligent party.
Auto insurance death benefits are different from state to state. Some states do not allow death benefits to be claimed in cases involving multiple drivers. Some states will not even cover the wrongful actions of the deceased driver, but they may allow surviving family members to seek compensation from the at-fault driver’s insurance company for the loss of a loved one. These cases can be complicated, but an attorney can help your family understand the process and help you receive the compensation you need.
Another consideration when filing a wrongful death claim is the income of your loved one. If you were the primary breadwinner of the family, for example, you would have been the one to earn the money that was necessary to support your family. Consequently, you may be entitled to compensation for lost income and future wages. If your loved one’s death was caused by another driver, the compensation you receive will cover any future losses in earning capacity.
In some instances, it is possible to file a wrongful death lawsuit against the person who caused the accident. If the driver had been negligent or reckless, the court may order the driver to pay damages to the family and estate. In these situations, criminal prosecution is often appropriate if the other party was at fault. However, if the negligent driver was aware that death would be inevitable, it would be a viable claim.