When a car accident is fatal, the family members of the deceased can file a wrongful death lawsuit against the at-fault party. This legal action provides a source of compensation for the emotional and financial damages caused by the accident. A car accident attorney specializing in wrongful death cases offers valuable assistance to help you gather and present compelling evidence. Here are some of the factors that turn a fatal car accident case into a wrongful death case:
Understanding Wrongful Death
Wrongful death is a legal claim filed by the survivors of a deceased person against the responsible party. These claims are effective when the responsible party’s negligence, recklessness, or intentional actions caused the death. You can file a lawsuit against the at-fault driver and potentially settle the claim outside of court. This lawsuit covers damages such as medical expenses, burial costs, loss of income, pain and suffering, and loss of companionship. Consult a car accident attorney for help filing the claim and defending your rights throughout the case proceedings.
Establishing Liability
The liable party is determined based on which driver displayed negligent behavior that caused the fatal accident. Negligence includes various actions such as speeding, reckless driving, drunk driving, distracted driving, or ignoring traffic signals. Liability can be placed on the driver of the at-fault vehicle or the vehicle manufacturer. Your lawyer may also hold the government agency responsible for maintaining the roads liable for the accident.
Proving Negligence
After determining liability, your attorney starts gathering evidence to demonstrate that the at-fault party breached their duty of care and caused a death. This process includes obtaining police reports, eyewitness statements, medical reports, and hiring accident reconstruction specialists. Your attorney uses this evidence to prove that one or more parties were the reason for the victim’s death in the accident.
Fighting for Compensation
A wrongful death lawsuit provides a way for surviving family members and loved ones to recover financial compensation for their damages. These include funeral expenses, lost wages, loss of companionship, and pain and suffering. If the family members prove that the at-fault party’s negligence caused the death, they may receive compensation from the related insurance company. They receive further compensation if they prove that they suffered damages as a result of the wrongful death. A car accident attorney helps you gather evidence to calculate damages and set an appropriate amount. They negotiate with insurers and other legal representatives to fight for the compensation you deserve. If the at-fault party refuses to settle outside of court, your lawyer will guide you through the trial and court proceedings.
Schedule a Consultation with a Car Accident Attorney
If your loved one was involved in a fatal car accident, hire a lawyer for help navigating the legal proceedings. A qualified car accident lawyer understands the intricacies of insurance payments and the court system. They use their specialized legal knowledge to protect your rights and hold liable parties responsible for their actions. Contact a lawyer today to learn more about how they can help you obtain compensation for your wrongful death case.
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