Is My Spouse Entitled to My Personal Injury Settlement if I Die?

April 21, 2019 | Wrongful Death

If someone’s carelessness caused a person’s death, the immediate family members of the victim are eligible to file a wrongful death claim. A wrongful death claim can recover damages that the victim could have claimed from the accident in addition to compensation for the surviving spouse’s loss of consortium and loss of income that stemmed from the victim’s death. If you have recently lost your spouse in a tragic accident that was caused by someone else, you could be entitled to recover your spouse’s personal injury settlement by discussing the accident with an experienced lawyer.

How Can I Recover a Personal Injury Settlement for My Spouse’s Death?

If someone’s negligence has caused or contributed to another person’s death, the victim’s surviving family members can file a claim against the negligent party on behalf of the victim. Typically, wrongful death claims are filed by the victim’s spouse or life partner, but in some states, it could be appropriate for the victim’s children, parents, or grandparents to file a claim depending on its wrongful death laws. For example, in Missouri, a victim’s spouse, children, or parents have the opportunity to file a wrongful death claim as long as it’s within the state’s Wrongful Death Statute, but in Colorado, only the victim’s spouse is eligible to file a claim during the first year after the victim’s death. If the victim doesn’t have a spouse, their surviving children can file a claim within the second year.

How Can I Recover a Personal Injury Settlement For My Spouse’s Death?

If a person is killed by someone else’s negligence and the victim’s surviving spouse wishes to recover compensation for their spouse’s harm and losses, an experienced wrongful death lawyer can help them file a compelling claim against the negligent party. Typically, a wrongful death claim includes evidence from the accident, proof of death, evidence that the victim’s surviving family members have suffered a loss of income or loss of consortium since their death, and evidence that the negligent party’s carelessness directly caused or contributed to the victim’s death.

Once a wrongful death claim is submitted to the negligent party’s insurance company, the other party’s insurer can choose to accept or deny a claim. If the spouse’s claim to recover damages on behalf of their deceased spouse is accepted, an experienced lawyer can mediate and negotiate to recover the highest possible settlement. However, if a claim is denied, a lawyer can determine an alternative method for obtaining compensation on behalf of the individual’s spouse that was killed by another person’s negligence.

What Damages is a Spouse Entitled to Recover If Their Spouse Dies?

Generally, when a person is killed by another person’s carelessness, their spouse is eligible to recover damages that the victim could have recovered with a personal injury claim if they hadn’t died. Most of the time, recoverable wrongful death damages include:

  • Medical expenses that the victim faced before their death
  • Lost wages that the victim experienced because of their injuries
  • The physical, mental, or emotional distress that the victim suffered before their death
  • Property damage that occurred in the accident
  • Loss of income that surviving family members experienced because of the victim’s death
  • Funeral and burial experiences the victim’s surviving spouse faced

If you have recently lost your spouse in a fatal accident and need help determining what damages you are eligible to recover, it’s crucial to hire a wrongful death lawyer as soon as possible to represent your case. A lawyer can assess your case and provide insight on the personal injury settlement that you could be entitled to for your spouse’s harm and losses.

Speak with a Personal Injury Lawyer Today

Losing a spouse can be a traumatic experience in and of itself, but when a spouse’s death is caused by another person’s negligence, this can be even more devastating to deal with. The best way to get justice for your spouse’s wrongful death and recover compensation for their harm and losses is to consult an experienced lawyer as soon as possible. If you are ready to file a wrongful death claim against the negligent party that caused your spouse’s death, contact the Dixon Injury Firm today to discuss your case. Our Personal Injury Lawyers understand how difficult it can be to lose a spouse and are committed to doing everything in their power to recover the maximum amount of compensation for your spouse’s pain and suffering.