How To File A No Fault Car Accident Wrongful Death Claim


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Losing a loved one in a no fault car accident is devastating. When the life of someone you love is cut short all of a sudden due to the negligence and carelessness of another party, the feelings of loss and grief can become overwhelming. If something like this has happened to your family, you may be experiencing some complicated emotions, such as anger, denial, hopelessness and sadness. It is impossible to be prepared for such a tragic occurrence.

Who Pays?

Determining who is at fault in an automobile accident generally depends on the state in which the accident took place. Laws vary greatly from one state to the next, so it is recommended that you consult an experienced attorney who understands the no fault system.

Because the system for battling over fault in an automobile accident led to long costly court sessions, policymakers in a number of states made the decision to implement a no fault system. With the no fault laws, the driver does not have to prove that the accident was someone else’s fault in order to receive compensation. The insurance company will pay lost wages, rehabilitation costs and medical bill up to the amount purchased.

However, the person injured in an accident is not able to sue the other driver for inconvenience, emotional distress or pain and suffering. For individuals who live in a state that supports the no fault system, you should have portion on your insurance policy to pay for personal injury protection.

No fault states include:

  • Florida
  • Kansas
  • Massachusetts
  • Minnesota
  • New York
  • Pennsylvania
  • Hawaii
  • Kentucky
  • Michigan
  • New Jersey
  • North Dakota
  • Utah

The Value of Family

The majority of the time with a no fault car accident claim involving a wrongful death, the estate or certain members of the family are able to gain compensation. Typically, the estate can file a claim for the deceased person’s lost wages, funeral expenses, medical bills as well as any pain and suffering endured prior to death. In addition, certain family members may be able to file a claim for damages such as emotional stress or loss of consortium.

In most states, only certain family members, including the spouse or children of the deceased, to file a no fault car accident claim. However, in some cases, the parents or siblings of the deceased may be able to file separate claims fi they were financially dependent on the deceased at the time of the accident.

Asking for Help

A wrongful death claim is one of the most difficult types of cases that a personal injury lawyer can pursue. To handle this type of case properly, an attorney must have thorough knowledge and a solid understanding of complex no fault and wrongful death laws.

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