My Husband Died In A Car Accident?
If my husband died in a car accident, my legal options matter. When your husband died in a car accident, there are some important things you should know. I am top wrongful death attorney Jimmy Hanaie, esq and I have prepared this article specifically for you.
Generally, my husband died in a car accident is litigated through a wrongful death lawsuit. The main remedy available to a wife in a wrongful death lawsuit is in the form of financial compensation for the wife due to the husband’s accidental death.
My Husband Died?
As a wrongful death attorney, I have been there for many people who have unfortunately lost a husband or loved one due to a car accident collision. I know how tough a time it can be to be mourning and grieving the loss of a husband or loved one who died unexpectedly and suddenly in a tragic car accident.
I want to begin by offering my most sincere condolences and prayers for you if you have lost a husband, spouse, or other loved one. We are truly here on your side to present helpful information to you in this article.
In this day and age, you would think that cars would be safe and would not result in tragic accidental death car accidents and fatal injuries. There are things such as automatic driving vehicles, automatic start and stop features, and collision avoidance systems, but unfortunately catastrophic wrongful death accidents still happen.
If your husband was killed while in the course and scope of working on the job, the car accident may have aspects of a workers compensation claim as well. This can be the case, even if your husband was on the way to work, coming back from work, or on the road due to a work event or meeting.
Example of Workers Compensation
For example, he may have been a truck driver or been driving a cdl commercial vehicle for work or other work vehicle when the accident happened. There are many ways in which the car accident in which your husband was killed, could also be related to workers compensation.
Wrongful death claims generally have a higher potential of obtaining a higher compensation settlement than a workers compensation claim when your husband was killed in an automobile accident. There are usually specific limitations and caps in workers compensation cases that wrongful death cases do not have.
In the law, we can never bring a husband or loved one back, but use financial compensation to try to remedy negligence and wrongdoing that has resulted in a wrongful death. Unfortunately, insurance companies place maximum policy limits on insurance policy plans. These insurance policy limits are often way too low and cannot really be a fair compensation for losing a husband or loved one.
Multiple Avenues of Recovery
A good and experienced wrongful death lawyer handling a case where a husband was killed in a car crash, will always research to see if there are any other available avenues of financial recovery available. For example, it may be necessary to do an asset search on the person who caused the accident to see if they have any financial assets or resources which can help to compensate the now widowed wife.
Sometimes, a city or government agency might have in some way contributed to the fatal car accident and might be held liable as well. There are special rules for government tort claims with even tighter and more strict statute of limitations deadlines that you must watch out for at all times.
Example: Dangerous Road Design
However, if the city was aware of a dangerous road design defect or other problem with the city that could cause such an accident and they did nothing to fix the problem, they in some cases can be held liable for your husband’s death. In addition, the city could end up paying a lot more compensation than many limited insurance policies can.
There are many situations in which an employer or business can be held responsible for your husband dying in a car accident wrongfully. For example, if your husband was in a business vehicle or the other cars were company cars it can end up that the employing businesses can be held liable.
Commercial Vehicle Accident
Generally, car accidents involving commercial vehicles tend to have much higher insurance policy limits available for accident victims and their families. For example, commercial vehicles like semi trucks, 18 wheelers, dump trucks, cement trucks, limousines, taxis, and other commercial vehicle car accident cases.
Uber Accidents & Lyft Accidents
Similar to commercial vehicles, rideshare vehicles such as Uber and Lyft also tend to have much higher insurance policy coverage available for car accidents and fatal accident cases. This could also apply to many delivery vehicles such as Grubhub, Postmates, Uber eats, Doordash, Amazon Fresh, and other delivery commercial vehicles.
Bus accidents can also cause very severe injuries resulting in wrongful death or your husband being killed in a bus accident. With people coming in and out of the bus constantly, the bus pulling over at bus stops, and poor seatbelts and seating, lots of injuries happen involving buses. Buses crashes involving all kinds of buses like school buses, tour buses, charter buses, TMZ starmap buses, and others usually also have higher insurance policies associated with them.
Pedestrian Death Car Accidents
Many car accidents involve people that are outside of the car, pedestrians. One moment the pedestrian may be crossing the street sidewalk or crosswalk and the next moment a car accident may happen and hit the pedestrian. Getting hit by cars can often lead to very serious injuries and wrongful death.
Traffic Collision & Police Reports
Traffic collision reports and police reports are very helpful in wrongful death cases where a husband may have passed away or died in a car accident. They discuss many of the views of the police officers, the witnesses present at the scene of the accident, the people involved in the accident, insurance information, and more.
Face Cover Sheet Report
However, after a car accident wrongful death it generally takes a little bit longer for the police detectives to finalize their investigation and release the police report. Sometimes, asking for the face cover sheet of the police report can be a lot faster while they are preparing the entire police report to send you later.
An autopsy report can also provide a lot of helpful information after a car accident. Many times, insurance companies may need a copy of the autopsy report in order to make sure that the deceased person or husband was not intoxicated, under the influence, or on medications during the car accident. It can severely hurt or destroy a case if the victim was intoxicated during the automobile accident.
There may also be all kinds of news reports both on the internet and on the television regarding the fatal car accident today. For example, they may discuss car accidents due to police car chases or any other type of car accident that the news publishers found to be newsworthy or a good news story for their publication.
Videos & Photographs
Any available videos or photographs related to the car accident can also serve to be very helpful. There are many types of videos and photographs to look out for. For example, street light cameras, footage taken by witnesses, ATM footage, general family photos showing your relationship together, photo of injuries, and more from before or after the accidental death took place.
Burial Expenses & Funeral Costs
Many times, when a loved one was killed in a car accident, family members might be able to obtain compensation to help with burial expenses and funeral costs for their deceased husband or loved one. This is determined on a case by case basis and there are limitations regarding how much the burial costs they will cover.
Medical Bills After Death
Even after death, a wife who has lost their husband who was killed in a car accident, may still be required to pay for medical bills associated with the emergency hospital, ambulance, and other costs. The type of medical insurance your husband had becomes very important whether it was Medicare, Medi-Cal, Blueshield, BlueCross, Anthem, Kaiser, or any other. Many of these insurance companies will require you to pay their costs, bills, or medical lien. Some of them will wait till you get compensation through a wrongful death case before you are required to pay and satisfy their lien.
Loss Of Consortium
After losing a husband, loss of consortium becomes an important part of your wrongful death claim. This is regarding the loss of love, companionship, affection, and other aspects of your relationship as husband and wife that you lost when your husband was killed in a car accident.
Statute of Limitations Deadline
There is a statute of limitations deadline for wrongful death and other types of legal claims. Missing the statute of limitations filing date, can forever bar you from ever being able to make a legal claim for the loss of your husband or loved one. So, it is important to take legal action as soon as possible. Workers compensation and Government tort claims generally have even shorter statute of limitations deadlines. Be careful.
Trust, Experience, Success.
Car accident wrongful death attorney Jimmy Hanaie, esq. has been a lawyer since 2013 and has had a long career of representing wrongful death victims. We have had the great honor of achieving success for many families when it mattered most.
No Fee Until We Win
We have the great privilege of being able to represent you on a contingency basis which means that we only get paid when our client wins their case. If we do not win, we simply do not charge any legal fees for our legal services associated with that claim.
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We can come to your home or office to meet with you if you prefer. We also have offices that you can visit. Please be sure to call and make an appointment first so that we can be fully prepared for your arrival.
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It’s free to call 24/7. Call (800) 400-5050 for a completely free consultation and free case evaluation. We are truly here on your side, the consultation is completely free 24/7, and there is no fee unless we win.