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Could I File a Wrongful Death Claim If My Spouse Died in an Auto Accident?

Losing your spouse due to a senseless car accident is extremely devastating. Other than having to deal with grief, you need to secure your family’s financial future. If your spouse died due to another driver’s negligent actions that led to the auto accident, you might have a claim of wrongful death.

To be successful, your wrongful death claim should have two crucial elements:

Another Individual Caused the Auto Accident

Basically, another individual other than your spouse should have caused the auto accident. This other party could be another driver, the manufacturer of the vehicle your spouse was driving, or the driver of the vehicle your spouse was a passenger of, adds a top auto accident attorney in Lynnwood.

Sufficient Insurance

Unfortunately, some wrongful death claims involving auto accidents fail simply because the responsible party had insufficient insurance coverage or assets to cover the compensation for the claimants. However, even if the responsible party is uninsured, you could still recover money that your family is legally entitled to from other sources, which include the following:

  1. Uninsured or Underinsured Insurance – Check if your spouse has an insurance plan that covers him or her for injury or death from underinsured or uninsured drivers.
  2. The Vehicle’s Manufacturer – If your spouse’s vehicle failed to sufficiently protect him or her from the accident or if the vehicle had a defect that directly caused or contributed to the accident, you could demand compensation from the vehicle’s manufacturer.
  3. Dram Shop Insurance – In the event that your spouse died due to a drunk driving incident, you could recover damages from the home or bar where the liable party last drank alcohol.
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Wrongful death claims resulting from auto accidents are complex cases that require extensive fact-finding and evidence of fault. That said, having an experienced auto accident lawyer could mean the difference between recovering the damages that’s rightfully yours and getting your claim thrown out of court.

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