Every year, thousands of Americans are killed in car accidents. If you have lost a loved one in a car crash, you could be entitled to damages from suing for wrongful death after a car accident. These lawsuits involve consulting with a wrongful death car accident attorney to find out if you have a valid legal claim.
Wrongful Death Defined
When someone is in a car accident and is injured due to the negligence of another, they can sue for compensation for their injuries. If a person is killed in a car accident, family members can file a lawsuit against the at-fault driver on the decedent’s behalf. They can also file a claim on their own behalf for any medical expenses or funeral costs they incurred during their loved one’s last care or burial. The family members can also sue for compensation of their pain and suffering at the loss of their loved one.
A wrongful death is a death that is caused by another person or business’ intentional, negligent, reckless, or criminal actions. Not all deaths will fall into this category, which is why legal assistance for a fatal car crash is necessary. Your attorney will analyze your wrongful death claim and the circumstances that surround it.
Who is Liable?
Every case is different, but generally speaking, a driver can be held responsible and liable for damages if they were driving while intoxicated or on drugs, made a careless error, was driving under distraction, recklessly, with excessive speed, aggressively, or passing illegally on the right.
It is not always an individual that is found to be responsible for wrongful death in a car accident. In the event that the car accident is caused by a car defect such as malfunctioning seat belts or brakes, a car manufacturer can be sued and found liable for the wrongful death.
Who is Allowed to File a Wrongful Death Lawsuit?
Of course, the decedent is incapable of filing their own lawsuit, so family members like a spouse, and in the case of no spouse, the decedent’s children can bring a lawsuit against the at-fault driver or manufacturer. If the decedent does not leave behind a spouse or children, the decedent’s estate representative or heir can carry out the lawsuit. They can also file for claims like medical expenses, burial costs, or compensation for pain and suffering.
While no one wants to be in the position of suing for wrongful death after a car accident, the help of an experienced car accident wrongful death lawyer can make the process as smooth and stress-free as possible.