Those affected by motor vehicle collisions who are not at fault may incur financial losses. They typically have two options for recovering those losses.
People who are not at fault for car crashes can file insurance claims or personal injury lawsuits. Wrongful death lawsuits can provide financial compensation to survivors after a tragedy occurs.
Fatal car crashes frequently lead to survivors pursuing wrongful death compensation in civil court. Why is litigation often necessary following a fatal wreck?
Losses may go beyond applicable policy limits
Drivers in New Jersey generally need to carry insurance policies in case they cause a crash or get hurt in a collision. After a fatal collision, it may quickly become apparent that the driver at fault has insufficient coverage based on the impact the collision generated.
Every driver’s policy usually includes at least $15,000 of no-fault personal injury protection. Any losses beyond that require a claim against the at-fault motorist’s policy.
People with basic policies, for example, may not even carry bodily injury liability coverage. Even those who invest in a standard policy have relatively low coverage limits. They may carry as little as $25,000 in bodily injury coverage, which is far lower than the losses generated when a person dies.
Bodily injury coverage provides compensation for medical costs and also lost wages. Emergency trauma care alone could exceed $25,000 after a fatal car crash. Families seeking to recover years of future wages and employment benefits find that litigation is their only option for addressing losses beyond the minimum coverage carried by the driver at fault.
Those grieving a fatal car crash often need assistance as they pursue justice. Reviewing crash reports and insurance paperwork with a skilled legal team can help grieving survivors determine if they should pursue a wrongful death lawsuit.
