Did You Know?
An average of 115 people die each day in motor vehicle accidents in the US - one every 13 minutes
Legal Rights in a Fatal Accident
Wrongful Death is a legal term that refers to situations in which someone is killed through the negligent behavior of someone else. The goal of a wrongful death case is to compensate the survivors and beneficiaries for their loss. Thousands of car accident deaths are attributable to negligent conduct such as aggressive driving, inattention, failure to obey traffic lights and signs as well as poor driving skills.
The following types of damages are considered in a wrongful death case:
- Sorrow, mental anguish which includes loss of companionship, comfort and guidance;
- The expected loss in income of the person who died;
- The expected loss of services, protection, care, and/or assistance which the person who died provided to the survivors/beneficiaries;
- Expenses for the care, treatment, and hospitalization of the person who died related to the injury
Every state has different laws, fatal auto accident claims all share several common features:
- Expenses for the care, treatment, and hospitalization of the person who died related to the injury Death in an auto accident means that there will be police involvement and records that need to be secured right away.
- In all likelihood one of the operators will be found at fault; an accident cause will be found.
- The severity of the loss will trigger an aggressive response by insurers to protect themselves from any liability.
- The case will, as with any claim over one million dollars, require the help of an attorney experienced with complex injury litigation. The attorney will need to hire an independent expert in accident reconstruction to establish the cause of the death.
Who is responsible for the accident?
Generally, people who operate automobiles must exercise "reasonable care under the circumstances." Failure to use reasonable care is the basis in most lawsuits for damages caused by an automobile accident. A lawsuit may be brought against:
- A driver who hits an individual (who has automobile insurance), while the individual is a passenger in another vehicle or a pedestrian.
- A driver may also be liable for an accident caused by intentional conduct or reckless conduct. (A driver who is reckless is one who drives with willful and wanton disregard for the probability that the driving may cause an accident.)
Your insurance company will need information to grant you your personal injury protection benefits. Additionally, often your own insurance policy may cover an accident, which did not even involve your vehicle. Attorneys are often necessary to get the highest possible compensation from your insurance company, or in the event another party is negligent.
Contact an experienced Wrongful Death Attorney
Experienced wrongful death attorneys understand the complex legal issues and emotional trauma involved in handling these claims. A lawyer can help survivors by providing representation to the estate of the deceased, dealing with insurance recovery and any potential lawsuits.
YOU MAY BE ENTITLED TO MONETARY COMPENSATION.
If you are in need of legal advice or services, or simply wish to speak to an attorney who has successfully handled a wrongful death case in your state, you may use this Free Online Consultation Form.
There is NO COST or obligation for this service. |
