Has someone you loved died in an accident that was not their fault?
In fatal car accidents, the victim is often not to blame. In fact, the
cause of the accident sometimes goes beyond a simple mishap or failure
to follow traffic rules and regulations. Fortunately, those who were
close to someone who died in an accident such as this have a way that
they can seek retribution and justice for the wrongful death of a loved
one. Survivors have the option to sue for wrongful death in any case
where negligence or unsafe conditions caused the death of a person they
loved. Often, the wrongful death lawsuit is brought against a company or
government entity, but it can also be brought against an individual
If someone suffers financially from the death of the victim in an
accident, a representative may file a wrongful death claim on his or her
behalf. Many different people may find themselves in this situation.
Immediate family members such as husbands, wives, or children, life
partners and other financial dependents, and distant family members all
may sue for wrongful death. In fact, in some jurisdictions, nearly
anyone who suffers financially from the death of the victim, even if
they are not a relative, can file a claim.
When heirs file a suit for wrongful death, the damages they are
eligible for will depend on the circumstances involved. For minor
children or surviving spouses, lost wages may be sought equal to the
amount the deceased person would have made if they had survived and
continued to work the same job until retirement. In states where medical
debt is not discharged after death, heirs may be able to sue to cover
outstanding medical costs. When it comes to non-economic damages, heirs
may be able to seek redress for loss of companionship. In some states,
there is no limit to the amount of non-economic damages awarded, while
in others, there are caps on what a jury may award to the plaintiff.
One of the most common types of entities against which wrongful death
claims are made is the driver at fault in fatal car accidents. However,
in cases where the accident was caused by a physical defect in the
surrounding environment or vehicle, the construction company who built
the road, or the manufacturer of the vehicle can be sued. If the driver
was under the influence of alcohol, the person who sold or served them
the alcohol can also be at fault.
If you are filing a case such as this after the death of a loved one,
a wrongful death attorney will help guide you through the legal
process. The lawyer will help you file for the appropriate damages in
your particular case. You may be suing for loss of the victim’s expected
earnings, damages from pain and suffering, funeral and burial expenses,
loss of benefits from the victim’s medical coverage, or a variety of
Filing a wrongful death claim is a complicated legal process that
requires navigating precise and complex areas of the law. It is highly
recommended that you hire a lawyer in cases such as these to ensure that
you get the compensation that you deserve. No one should suffer more
than they already have to after the death of a loved one, especially if
that death was the legal fault of another.