If a loved one has died in a car accident you are sure to be devastated. This is a life-shattering event for all family and friends, and it may seem that there is nothing that can help to ease the pain. Although, getting monetary restitution won't necessarily take away the pain of losing your loved one, it can help with the stress associated with the death of someone you care for. This is why many people file a car accident death lawsuit where you sue the guilty party for the pain and suffering they have caused. Here are some things you should know.
Won't The Criminal Courts Take Care Of Any Charges For The Guilty Party?
First of all, criminal courts and civil courts are completely different. Criminal courts are where the person is tried by a judge and the state files the suit. The police and attorney general's office determine if there has been a crime committed and even if there is a criminal case against them, you will not get anything out of it besides peace of mind knowing the guilty party was punished. In criminal courts there is no award given to the innocent party.
In civil court, it is different in that the state doesn't have anything to do with it. Instead, the wronged party will find their own attorney for car accident death and file a lawsuit against the guilty party for damages. This means getting money for the pain and suffering they have caused. You can have both a criminal and civil case going on at the same time or at separate times, but for the same incident.
How Much Money Do You Get Out Of A Car Accident Death Lawsuit?
It is hard to say how much you will get because each case is so different. But there are some things that will be included in the lawsuit. First, you can include any property damage: if the car was totaled or if it happened on your property and your property was hurt, then you can include that in the lawsuit. Additionally, you will include medical bills for the deceased as well as funeral expenses. Any expenses that you can prove were caused by the accident are very helpful. Second, you can also include pain and suffering. The family can get extra money because of the undue emotional stress they have been put under.
These are just a couple things you need to know about filing a car accident death lawsuit.