Victims of accidents have the right to file a personal injury claim and seek compensation for their losses. But what happens if the accident is fatal? In such terrible circumstances, a wrongful death lawsuit can assist surviving family members in recovering compensation from those responsible. You can hire a lawyer for further guidance.
Causes of fatal car accidents
Unfortunately, many vehicle accidents are caused by drivers who are irresponsible, reckless, or just negligent. The following are some of the most prevalent causes of fatal vehicle accidents:
- Failure to yield the right of way
- Drunk driving
- Distracted driving
- Unsafe lane changes
- Reckless driving
A negligent driver’s moment of lack of attention may leave a family reeling from the unexpected loss of a loved one.
Wrongful death – what is it?
Wrongful death is defined in law as death caused by the wrongful conduct, negligence, or default of another party. Although purposeful acts such as assault are grounds for a wrongful death claim, others are based on negligence. Typically, wrongful death cases based on negligence arise from occurrences such as fatal vehicle accidents and other mishaps.
Who can file a wrongful death claim following a fatal automobile accident?
After a fatal vehicle accident, any surviving family member may bring a wrongful death action, but only the deceased’s representative may do so, according to the law. In most cases, the personal representative is also the executor of the dead person’s estate, as specified in their will.
When a person dies without a will, a court will choose someone to be their representative.
The different kinds of damages available in a wrongful death claim
Wrongful death cases are a subcategory of personal injury litigation. A personal injury claim permits someone who has been gravely wounded in an automobile accident caused by another person to seek compensation from that person to cover the financial and non-financial consequences of the accident.
Similarly, the personal representative of someone murdered in an automobile accident caused by another person can hold that person liable for the fatal event’s repercussions. This may involve funds for:
- Loss of income provided by the deceased
- Loss of care or support provided by the deceased
- Burial and funeral expenses
- Medical costs incurred by the deceased before passing
- Loss of support and guidance the deceased would have provided
- Loss of inheritance
Although only a personal representative can submit a wrongful death claim, the deceased’s beneficiaries are the ones who get the compensation. A wrongful death case’s worth varies based on a number of factors, including the expenditures involved and how the tragedy happened. An expert wrongful death attorney can assess the potential worth of your case.