|Wrongful Death is a legal term that refers to situations in which a person is killed through the negligent behavior of someone else. Many car accident deaths are attributable to negligent conduct. Some types of negligent behavior are aggressive driving, inattention, failure to obey traffic lights and signs as well as poor driving skills.Fatal Car Accident LawWhen wrongful death lawsuits come up due to reckless, careless or negligent driving the family may often be so traumatized that they fail to pursue any legal action. Many people who suffer the death of a family member in an auto accident never file a claim or lawsuit. While understandable, the decision against legal action means that the family and survivors are deprived of the income lost and a sense of closure, or justice. Sometimes a family member will seek out a lawyer many months or years after the loss, only to learn that the evidence is no longer available. One of the most common causes of our lawyers rejecting a claim is that it is too old. Because of the time sensitive nature of these cases, families who have suffered a loss due to reckless or negligent driving should contact counsel as soon as possible after a fatal accident.Even though every state has different laws, fatal auto accident claims all share several common features:
Claims and CausesA wrongful death claim must have two main components in order to succeed.
- A death means that there will be police involvement and records that need to be secured immediately.
- Most likely, one of the operators will be found at fault and a cause for the accident could possibly be found.
- The gravity of the loss may trigger an aggressive response by insurers to protect themselves from any liability.
- The case will require the help of an attorney experienced with injury cases. The attorney will need to hire an expert in accident reconstruction to establish cause of the death.
Experienced wrongful death attorneys are able to understand the complex legal issues and emotional trauma involved in handling these claims. A lawyer can help survivors by providing representation for the estate of the deceased, dealing with insurance recovery and any potential lawsuits.
- The accident must have been caused by another party (driver of another vehicle etc) who acted negligently, commonly through bad driving, although in some claims this will mean the auto maker who designed a vehicle poorly, such as an vehicle with a defective design.
- There must be adequate insurance or assets to provide the basis of a recoverable legal claim. Many fatal car accidents that are the result of bad driving remain uncompensated because the at-fault party is unable to compensate the victim's family. Many cars are under insured with small policies ranging from $10,000 to $30,000. An attorney will know how and where to look for available insurance or assets using investigators and asset searches. Often times trucking insurance, homeowners policies, business insurance may be available to compensate the family millions of dollars.