Spouses provide each other with numerous kinds of support. They share their financial resources and obligations to achieve a better standard of living than either could maintain on their own. They share household management responsibilities and family obligations. They provide one another with emotional support and intimacy. Most people marry with the expectation that they should spend their entire lives together and eventually pass of natural causes in their golden years.
Sadly, some spouses lose their partners far earlier than they anticipate. Car crashes are a leading cause of premature mortality in the United States. Every year, thousands of people lose their spouses in preventable motor vehicle collisions. Widows who may have depended on their spouses for financial and practical support may feel devastated by their loss and anxious about the future.
Does the law protect widows by allowing them to sue after a fatal car crash?
Wrongful death lawsuits can protect survivors
State statutes allow those harmed by others to take legal action. Wrongful death lawsuits provide an opportunity for closure and financial compensation to those impacted by a tragedy. A wrongful death lawsuit generally requires evidence that either negligent behavior or wrongful acts, such as clear violations of traffic statutes, caused a fatal crash.
The party at fault could either be an individual driver or even a business. The grieving widow does not file the lawsuit directly. Instead, state law requires that the personal representative of the deceased individual’s estate initiate the legal process.
They file a lawsuit on behalf of the estate, seeking compensation for losses sustained by the decedent and surviving family members. Surviving spouses can request compensation for economic losses. They can ask for reimbursement for funeral and medical expenses. They can file a claim for the lost future earning potential of the deceased spouse.
They also have the right to request non-economic damages. Non-economic damages relate to the personal losses generated by a sudden passing. Grieving widows could request damages based on the pain and suffering of the deceased before their passing. They could also request damages for the loss of spousal companionship.
Pursuing financial compensation and closure through a wrongful death lawsuit can be beneficial for grieving widows and widowers. A successful lawsuit can help defray financial losses and can provide a sense of vindication for those left behind after a tragic but preventable fatal car crash.