An automobile accident resulting in the death of a person can cause deep sorrow and pain for family members. It is even worse when it is determined that another party was responsible for said fatal car accident. In such cases, the surviving loved ones may choose to pursue legal action against those liable by filing a wrongful death claim. This article will discuss liability in fatal car accidents as well as steps taken during wrongful death actions.
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Definition Of Wrongful Death
Wrongful death is a legal term used to describe the death of an individual due to another person’s negligence. It’s considered civil wrongdoing and usually requires filing a lawsuit in order to pursue damages. Wrongful death cases can involve criminal or negligent acts, such as:
- Medical malpractice
- Vehicular manslaughter
- Auto accidents
- Defective products
- Workplace hazardous conditions
Cases involving wrongful deaths are complicated because they must be proven in court using evidence that shows someone else was responsible for the deceased’s death. Families of victims may seek compensation for loss of companionship, funeral expenses, lost wages from the decedent, and other economic losses suffered as a result of their loved one’s passing. The best way to ensure justice is served is by consulting with an experienced attorney immediately after learning about the death of your loved one.
Understanding Liability In Fatal Car Accidents
When a fatal car accident occurs, it is important to understand who may be liable for the wrongful death. Establishing liability can help victims’ families move forward with filing a wrongful death claim in order to receive compensation for their loss.
In general, any driver or entity that was negligent and contributed to the cause of the fatal accident can be held responsible for damages. A skilled attorney will take into account all contributing factors such as speed, distracted driving, road conditions, and more, when determining who should be held accountable. Additionally, they must also prove that these factors directly caused the victim’s untimely death.
Taking legal action against those at fault can provide closure and justice for the family members of the deceased, allowing them to focus on processing their grief instead of worrying about medical bills and other financial burdens associated with their loss.
Legal Remedies For Wrongful Death Actions
In wrongful death cases, there are legal remedies available to help family members seek justice and financial compensation for their losses. One such remedy is a civil lawsuit brought by surviving family members against those responsible for the death.
A wrongful death suit can be filed in either state or federal court, depending on the facts of the case. Generally speaking, damages that may be awarded include:
- Medical expenses prior to death
- Burial costs
- Lost wages from the deceased’s job
- Pain and suffering endured by survivors
- Punitive damages if warranted by particularly egregious conduct
- Other associated economic losses
In addition to awarding monetary damages, courts may also award injunctive relief, which requires certain actions or behavior to be taken or prohibited by defendants. This type of remedy might require an individual or company to cease engaging in dangerous activities that caused the death or take steps to prevent similar deaths in the future. These awards exist not only to provide families with closure but also to protect society at large from dangerous practices going forward.
Steps Involved In A Wrongful Death Action
When a loved one is lost due to a fatal car accident, the family may take legal action against those responsible. A wrongful death action can be taken against persons or entities whose negligence led to the untimely loss of life.
First, an attorney must be hired who understands wrongful death cases and can represent your interests. They will evaluate any evidence of liability and explain what type of damages you may pursue based on applicable state laws. Additionally, they will work with experts, such as medical professionals, to determine the cause of death and to establish fault for the accident. Your lawyer will also need access to all relevant documents related to the incident, including eyewitness accounts, police reports, photos/videos, and medical records.
Once these pieces are gathered and assessed by your attorney, they will begin building a case that supports your claim for compensation from liable parties. This could involve filing paperwork in court and negotiating settlements with insurance companies or defendants. During this process, it’s important to remain patient during negotiations since some cases require multiple rounds before reaching an agreement that both sides find acceptable. With experienced representation at every point along the way toward the resolution, you have a greater chance of obtaining the desired outcome for your claim.
Contact Injury.io Today
In order to pursue a wrongful death action, it is essential that victims’ family members consult with an experienced attorney as soon as possible. An attorney can review any evidence that exists and begin building a case so that those responsible can be held accountable. Additionally, they will advise you on what remedies may be available under your state’s law and help guide you through the process of filing a lawsuit.
If you have more questions or need help finding a lawyer, contact Injury.io today.
Emily Wilson is a writer who graduated with a bachelor’s degree in English studies from Ball State University in 2021. Since graduating, Emily has started her career in content writing, and she hopes to continue helping her audience learn and grow from her works.