No one ever expects to lose a loved one in a tragic car accident. In an instant, lives are shattered, and families are left reeling from an unimaginable loss. During this devastating time, survivors wonder if a car accident proves fatal, should you hire a Brockton wrongful death lawyer or a car accident lawyer? The answer may not be immediately clear, but examining the key differences between these two legal paths can help bring clarity and ensure you take the proper steps to seek justice on behalf of your departed family member. In this blog post, we will explore the distinct purposes of wrongful death and car accident lawyers and discuss how to determine which type of attorney is most appropriate for your tragic circumstances.
The Role of a Wrongful Death Lawyer
A wrongful death lawyer is a civil litigator who represents the surviving family members of an individual whose life was cut short due to the negligent, reckless, or intentional actions of another party. In the context of fatal car accidents, a wrongful death case may be pursued when there is evidence that the collision was caused by factors such as:
- Drunk, drugged, or distracted driving
- Excessive speeding or aggressive maneuvers
- Failure to obey traffic laws
- Defective vehicle components
- Hazardous road conditions
Under Massachusetts law, the personal representative of the decedent’s estate is responsible for filing a wrongful death claim on behalf of the surviving spouse, children, and other family members who suffered losses as a result of their loved one’s untimely passing. Damages pursued in a wrongful death case aim to compensate the family for losses such as:
- Funeral and burial expenses
- Loss of future income and benefits
- Loss of care, companionship, guidance and support
- Emotional distress of surviving family members
- Punitive damages (in cases of gross negligence or malicious intent)
A skilled wrongful death attorney will thoroughly investigate the circumstances of the fatal accident to uncover critical evidence, work with expert witnesses to substantiate liability and damages, negotiate with insurance companies, and tenaciously litigate the case in court if a fair settlement cannot be reached.
When to Hire a Car Accident Lawyer
In contrast, a car accident lawyer typically handles personal injury claims on behalf of crash survivors who have sustained physical harm, property damage, and other losses. While some car accident cases do tragically involve fatalities, the primary focus of a car accident lawyer is to help injured victims recover compensation for damages such as:
- Medical bills and rehabilitation costs
- Lost wages and diminished earning capacity
- Vehicle repair or replacement costs
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Determining Which Type of Lawyer You Need
In the heartbreaking aftermath of a fatal car accident, it is crucial for surviving family members to obtain legal counsel from an attorney who has the specific knowledge, skills, and experience to effectively handle their case. While there may be some overlap between wrongful death and car accident lawyers, the key factor in determining which type of attorney you need lies in the primary focus of your legal claim.
If you are primarily seeking to recover damages on behalf of the decedent’s estate and family members for their losses resulting from the death, a wrongful death lawyer is likely the most appropriate choice. These attorneys are well-versed in the complex legal and procedural requirements for pursuing a wrongful death claim, and they are adept at quantifying and advocating for the full range of damages that surviving family members are entitled to under Massachusetts law.
On the other hand, if you or other family members have also sustained injuries in the accident and your primary goal is to recover compensation for your damages, a car accident lawyer may be better suited to handle your case. These attorneys are skilled at navigating the personal injury claims process and fighting for the rights of crash survivors. In some cases, it may be advantageous to work with a law firm that has attorneys experienced in both wrongful death and personal injury matters, as they can provide comprehensive representation that addresses all aspects of your case.
Seek Legal Help
At Altman Nussbaum Shunnarah, we understand that no amount of financial recovery can ever truly compensate for the profound loss of a beloved family member. However, we also know that holding the responsible parties accountable and securing the resources you need to cope with the aftermath of your loss can provide a measure of solace and help you begin the healing process. Get in touch with us today.
