Losing a family member in a car accident is terrible. It’s particularly disheartening if you lost a loved one due to an avoidable accident. If a person passes away due to the negligence of another, the survivors and the estate of the deceased can file a wrongful death claim. Before pursuing legal action, it’s important to familiarize yourself with key factors surrounding this type of case. Here is everything you need to know.
What Is a Wrongful Death?
There are a variety of instances that could lead to bringing a case like this forward. A death caused by a negligent party is considered a wrongful death. The surviving family members can pursue legal action against the responsible party.
If a motorist was driving recklessly and caused a fatality by hitting a pedestrian, bicyclist, or motor vehicle like another car or motorcyclist, a wrongful death suit can be pursued. Wrongful death is the death of a person that resulted from another individual’s negligence, intentional wrongdoing, or reckless behavior. It must be proven that the accused party was, in fact, liable and acted recklessly.
Compensation can vary case by case. For instance, if the deceased with the main financial support, the plaintiff can collect for the loss of wages and income. The family can also receive compensation for the pain and suffering the accident brought forth.
An experienced wrongful death attorney will help by looking into the specifics of a case and determine what a proper compensation package might look like. This can be difficult to do without a good amount of experience.
Who Can File a Claim?
A wrongful death lawsuit is generally pursued by the relatives of the deceased. However, in most states, anyone that has suffered damages due to the loss of this individual could bring this type of case forward. Generally speaking, that means anyone who was financially dependent on the deceased could file a lawsuit against the negligent party.
In some states, qualifying “family members” do not have to be direct kin. However, that type of relationship must be proven. The laws surrounding wrongful death do vary from state to state. Therefore, it is important to be familiar with the laws in your area to determine if you are eligible to bring this kind of lawsuit forward.
Some states also limit how much compensation someone can seek in this kind of case. Those limits might depend on the specifics of the death in question and the level of negligence involved. State-specific deadlines to file will also vary.
Challenges in Winning Your Case
What does the road forward look like for someone pursuing compensation in a wrongful death case? The gathering of proper evidence to prove this kind of case can be difficult and costly. On top of all this, this will be an incredibly emotional time, which can make the process of going through each step even more difficult.
Also, eye-witness statements and medical specialists’ professional opinions strengthen your claim. If you’re up against a skilled team of attorneys, it will be more of a challenge to win your case. It’s important to ensure that you have the proper legal aid on your side. This increases your chances of recovering the compensation that you and your family are entitled to.
Understanding Wrongful Death Cases
If you’re looking to file a wrongful death claim against another party, it’s essential that you take the time to understand how these kinds of cases work.
Alpha Accident Lawyers specializes in wrongful death cases related to auto accidents. If you have any questions regarding your potential claim, please contact our offices today. Our team can help you and your family. We offer a 100% free case evaluation and around-the-clock service, available to you 24/7.START YOUR FREE CONSULTATION