Obtaining a Guardrail Accident Settlement After a Loved One's Death

Posted by Gale Freeman on October 8th, 2023

Obtaining a guardrail accident settlement after the death of a loved one is a challenging and emotionally draining process. Guardrail accidents can be particularly devastating, often resulting in fatalities. When pursuing a settlement in such tragic circumstances there are numerous factors to consider.

Prioritize Family and Grief Counseling

The loss of a loved one is a deeply emotional and traumatic experience. It's crucial to prioritize your family's emotional well-being during this difficult time. Grief counseling or therapy can help you cope with the loss and provide valuable support. This should be started even before speaking with a lawyer like Butler Kahn and should continue as long as needed.

Gather Evidence

Your wrongful death attorney will work with you to gather evidence related to the accident. This may include the accident report, photographs, witness statements, and any other relevant documentation that can help establish liability.

Determine Liability

It's crucial to determine who is liable for the accident. Liability can vary and may involve the driver of the vehicle, the entity responsible for road maintenance, or even the manufacturer of the guardrail if a design or maintenance defect is identified.

Notify Insurance Companies

Notify your loved one's insurance company and the insurance company of the at-fault party (if applicable) about the accident and the resulting fatality. Your attorney can assist with these communications.

Document Expenses and Losses

Keep records of all expenses and losses associated with your loved one's death. This includes funeral and burial expenses, medical bills, lost income, and any other financial burdens.

File a Wrongful Death Claim

Your attorney will help you file a wrongful death claim against the responsible party's insurance company. This claim seeks compensation for the losses suffered by surviving family members due to the death.

Negotiate with the Insurance Company

Expect negotiations with the insurance company. Insurance adjusters may initially offer a settlement, but it may not fully compensate for your losses. Your attorney will advocate on your behalf to secure a fair settlement.

Consider Legal Action

If negotiations with the insurance company do not lead to a satisfactory resolution, your attorney may recommend taking legal action. This could involve filing a wrongful death lawsuit in civil court.

Distribution of Settlement or Judgment

If you reach a settlement or win a judgment in court, the compensation will be distributed among surviving family members according to the legal guidelines in your jurisdiction.

Remember that pursuing a Guardrail Accident Settlement after a loved one's death is a complex and emotional process. Having an experienced attorney by your side can provide guidance and support throughout this difficult journey, helping you seek justice and fair compensation for your family's losses.