How You Can File A Wrongful Death Claim For An Auto Accident

Posted on: 17 March 2020

Do you have a loved one that died during an auto accident? If so, you may be able to receive compensation in the form of a wrongful death case. Here is what you need to know about if you can win your case in court and receive compensation.

Look At the Cause of the Accident

The nature of how the accident happened can play a huge role in if you can file a wrongful death claim. There will need to be another driver responsible for the accident, and that caused it due to an avoidable behavior on their part.

A common reason that it would be considered a wrongful death is if the driver was driving while under the influence of drugs or alcohol. If the driver was caught right after the accident, hopefully the police took the steps to record the driver's blood alcohol levels or made them take a roadside sobriety test to prove if they were under the influence. 

It is also important to look at if the other driver obeyed all traffic laws. Did they run a red light or stop sign? Were they speeding? These are all clear behaviors that could have easily prevented an accident from happening. Reckless driving can also be the cause, even if traffic laws were being followed. Aggressive driving, merging between lanes quickly, not checking blind spots, and other reckless behavior can be the cause. Distracted driving is another possibility, with the driver using their cell phone or performing another task that caused them to get into a car accident.

Look At the Losses That You Suffered

A wrongful death lawyer can help look at the losses you suffered as a result of the wrongful death, and what would be valid in a wrongful death claim. A common reason is if you lost someone that you were depending on financially and will struggle to get by without their support. This is common when the person was the head of your household or the sole income earner. 

Other losses are not as clear cut though, such as pain and suffering. Losing a loved one in a tragic accident can make life very difficult, and it is even harder to put a dollar amount on how much it will take to make things right. Your lawyer will help determine what is a fair amount to ask for in your wrongful death claim. 


Personal Injury Law Explained for You!

No one wants to consider that they may be in an accident that requires a personal injury claim, but it can happen to anyone. Our blog is here to break down the most common questions and concerns about personal injury cases so that you're prepared if the time ever comes. If you are dealing with medical expenses and lost income, you likely won't have time to research personal injury law in detail. Here we will explain some of the intricacies of accident and personal injury law in common language. We hope that our posts will help you get the best outcome possible for your personal injury claim!


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