When a person is killed in a crash, two distinct legal paths typically emerge: criminal proceedings to address the driver’s conduct and civil litigation to address the family's losses. While the state may file charges like vehicular manslaughter to punish a reckless driver, the victim’s family must separately pursue a wrongful death or survival action to secure compensation for medical bills, funeral costs, and lost future income.
Navigating these overlapping systems, while dealing with insurance companies and accident investigations, requires a clear understanding of your rights under Pennsylvania law.
When the unthinkable happens, and a loved one is killed in a car crash, a Philadelphia car accident lawyer can guide you through the complex legal landscape that follows.
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Determining Liability in a Fatal Car Accident
When someone’s negligence, recklessness, or illegal actions cause a fatal car accident, the at-fault driver may face criminal charges. Common causes of fatal crashes—like drunk driving, aggressive driving, or blatant disregard of traffic laws—often lead to criminal consequences, such as charges of vehicular manslaughter or homicide by vehicle.
However, not every fatal accident results in criminal prosecution. Whether criminal charges are filed depends on the circumstances surrounding the crash. Prosecutors may consider factors such as:
- The accident resulted from driving under the influence of drugs or alcohol. Driving while impaired by drugs or alcohol is illegal in Pennsylvania. A fatal drunk driving accident frequently leads to criminal charges against the driver.
- The driver was reckless, aggressive, or violated traffic laws. Everyone who gets behind the wheel of a vehicle has a legal duty to follow traffic laws and drive with a reasonable standard of care. When an auto accident causes the death of another person because of gross negligence, the negligent driver will often face criminal prosecution with charges such as homicide by vehicle. Other examples of negligence include hit-and-run, speeding, texting while driving, and “road rage.”
- Whether factors out of the driver’s control played a role in causing the accident. Criminal charges are less likely to result from a fatal accident if the accident happened due to something out of a driver’s control, For example, poor road conditions, unpredictable mechanical failure, or an “Act of God” will be taken into account when deciding to charge someone with crime for killing another person in a car accident in Pennsylvania.
While criminal charges can help establish justice, they don’t always provide closure or address the financial and emotional toll left behind. That’s where a civil legal process, such as a wrongful death claim, may come in.
Filing a Wrongful Death Claim After Someone Dies in a Car Accident
In Pennsylvania, the family of someone killed in a car accident has the right to bring a wrongful death lawsuit. A designated personal representative can initiate legal action if the deceased's surviving spouse, child, or parent is not eligible to claim damages. This type of claim allows families to seek compensation for the devastating financial and emotional losses that follow a loved one’s death.
Generally, these claims may be filed by close family members, such as a spouse, children, or parents. If none of these individuals are available, a designated personal representative might take action on behalf of the estate. The purpose of a wrongful death claim is often to recover costs related to:
- Medical expenses before death. In some cases, the injuries from the car accident delay your loved one’s death by hours, days, or even weeks after the accident. Compensation for medical bills and related costs is included as part of a wrongful death claim.
- Funeral costs are expenses arising from your loved one’s death. They include the burial or cremation of the deceased, including the service, casket, or urn, and other related ceremonial costs. Other costs, such as managing and settling the deceased's estate, are generally included as well.
- Pain and suffering before death. Many injuries cause a substantial amount of pain before they result in the death of the individual injured in the accident. If your loved one lived for some time after the accident, then a wrongful death claim may seek damages for this pain and suffering.
- Loss of your loved one’s income. The income your loved one was not able to earn in the period between the accident and the date of death, as well as the future income they would have earned, had the death not occurred.
- Loss of the services your loved one provided to the family. Even if your loved one did not work, their loss could cause substantial financial difficulty for the family. Often, the value of services provided exceeds the value of a loved one’s income, such as for child care, yard or home maintenance, home cleaning, and other services.
- Loss of your loved one’s presence, support, and companionship. For minor children, this could mean the loss of a parent’s guidance and advice. For the spouse of the deceased, this could mean the loss of consortium and a partner and companion.
The damages awarded in these cases depend on numerous factors, including the financial and emotional impact on the family. While no amount of money can replace your loved one, this compensation can ease the financial burden and help your family rebuild.
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Compensation and Financial Burden in Car Accidents Involving Death
After a fatal accident, pursuing fair compensation can become a critical factor in helping your family move forward. However, the reality is that the amount you recover often depends on the financial resources of those legally responsible. For instance, if only the at-fault driver is liable, your settlement may be limited by their insurance policy coverage.
This is why identifying multiple liable parties can be so essential. Employers, manufacturers, and other entities often hold larger policies or financial reserves, which can significantly affect the compensation you’re able to recover.
A knowledgeable legal representative can investigate thoroughly to ensure no liable party is overlooked, providing you with the best possible chance to secure the settlement or verdict needed to safeguard your family’s future.
Why You Need Legal Guidance After a Car Accident Resulting in Death
Dealing with the repercussions of a fatal car accident is overwhelming. During such a painful time, legal complexities should not add to your burden. Here’s how working with a knowledgeable and compassionate attorney can make all the difference:
Handling Insurance Companies on Your Behalf
Insurance companies often approach grieving families with quick settlement offers, but these are rarely fair or sufficient. A skilled lawyer understands the tactics insurers use to minimize payouts. They will negotiate on your behalf, ensuring that you aren’t shortchanged or pressured into accepting less than what you deserve. You can focus on healing while your attorney fights for a fair settlement.
Identifying All Liable Parties
Determining who is responsible for your loved one’s death can go beyond the at-fault driver. A thorough investigation may reveal multiple parties, such as a negligent employer, a manufacturer of faulty car parts, or a bar that overserved alcohol. Your attorney will leave no stone unturned in identifying all individuals or entities who contributed to the crash, increasing the chances of securing full compensation for your family.
Maximizing the Compensation You Receive
Recovering damages after a fatal accident isn’t just about medical bills or funeral costs. Emotional and financial losses like pain and suffering, lost income, and loss of companionship should also be accounted for. An experienced attorney will ensure the complete impact of your loved one’s loss is addressed, working tirelessly to maximize the compensation awarded to your family.
Managing Legal Procedures with Care
The legal process involved in a wrongful death claim can be complex, especially when grief is fresh. Filing paperwork, meeting deadlines, collecting evidence, and dealing with court proceedings can be overwhelming. A compassionate lawyer will handle these details carefully and efficiently, providing you with peace of mind and allowing you to focus on what matters most—your family and healing.
Standing By You as a Strong Advocate
When the stakes are as high as they are in wrongful death cases, you need a dedicated advocate by your side—someone who will fight aggressively for justice. Whether it’s negotiating with insurance companies or presenting your case in court, a seasoned lawyer can provide the support and determination needed to protect your rights and secure the outcome you deserve.
Having legal guidance during this challenging time doesn’t just help alleviate financial stress; it ensures you have someone in your corner advocating for your family every step of the way.
Contact an Experienced Car Accident Attorney for Legal Help Today
If you’ve lost someone in a car accident, the path ahead may seem daunting and unclear. You deserve a compassionate, determined advocate ready to guide you through this painful time.
At The Levin Firm, Our Philadelphia personal injury lawyers have the experience and resources to pursue justice on your behalf. Contact us today at (215) 825-5183 or through our online form for a free and confidential consultation. We’re here to listen, support you, and fight for the compensation your family needs.
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Gabriel Levin – Owner/Founder
Gabriel Levin is a highly experienced and award-winning attorney with over 10 years of practice in Pennsylvania. Known for his tenacity, he has represented clients in a wide range of civil matters and tried hundreds of cases. He prepares each case as if it will go to trial, ensuring meticulous attention to detail.
Unlike many firms that delegate tasks, Attorney Levin personally handles every aspect of each case and maintains open communication with his clients throughout. He has secured millions in compensation, making him a smart choice for those seeking legal representation.
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