Auto Accidents and Wrongful Death
The loss of a loved one involved in an automobile accident can be devastating. The grieving process can last for months or years, and so can the calamity of losing the family’s financial security as a result of the death. Many surviving family members will file a wrongful death lawsuit to hold the responsible parties accountable for their negligent action.
Wrongful death is a recognized legal term involving fatalities caused by negligence, aggressive behavior, willful misconduct, recklessness or carelessness. The term used in automobile accidents might describe aggressive or distracted driving, poor driving skills, or the motorist’s failure to obey the rules of the road.
Filing a Claim
Often times, surviving family members are unaware that they can sue to obtain financial recompense from any responsible party that caused the death of their loved one. Other times, insurance lobbies have made surviving family members feel guilty whenever seeking legal advice to “make money” from the fatal accident. The sad truth is there is no amount of compensation that can bring a loved one back. However, filing a lawsuit often rectifies a wrongdoing and allows the grieving family to end the horrible matter.
The loss the family suffers when losing a loved one is both financial and emotional. Skilled attorneys can obtain funds to compensate the pain, grief and suffering of the family, and recoup lost wages and extensive medical bills, along with the loss of future earnings and inheritance.
To win a successful auto accident wrongful death lawsuit in court means the plaintiff, or their legal representative, must prove the death was caused through negligence. The neglectful action might be the reckless driving of another motorist, manufacturer defect of faulty tires or brakes, poor road maintenance or other factor. A reputable attorney skilled in wrongful death cases will ensure that every responsible party is included in the suit. Building a solid case to include every responsible party ensures the plaintiffs (the surviving family members) receive adequate recompense for their losses.
The Duties of the Attorney
A personal injury attorney that handles automobile accident wrongful death cases will provide a variety of duties to the surviving family members, which include:
- Secure Records – The attorney will secure every record in regards to the accident to ensure that invaluable evidence is not lost. This includes preserving witness statements and medical documents.
- Determine Fault – Often times, law enforcement officers blame the deceased victim for the fatal accident. An attorney serves to protect the rights of the decedent who no longer has the ability to speak for themselves. The lawyer will use a variety of methods for determining fault including reconstructing the accident. This will ensure that the decedent’s story of his or her role in the accident is told accurately and truthfully.
- Deal with the Insurance Company – Insurance companies will go to great lengths to protect themselves when dealing with fatality claims. They often attempt to deny their responsibility in providing coverage through the insurance policy to pay on the accident. Skilled attorneys can work directly with the insurance company by showing proof of their responsibility to obtain financial recompense.
- Take Witness Statements – A skilled attorney will know how to depose witnesses to ensure every detail is recorded accurately and clearly. A lawyer will follow-up immediately after the accident to interview witnesses. This will ensure that their memory remains fresh to preserve an accurate eyewitness account that can be used to support the plaintiff’s case during the trial or in an out-of-court settlement.
Skilled attorneys know how to achieve the highest amount of recompense in an auto accident wrongful death claim. The lawyer can show that the death was caused through negligence of another person or entity that needs to be held legally accountable for their actions.
When a loved one dies from a fatal auto accident, hiring the best lawyer can help ensure the family secures their financial future. Even though compensation does nothing at all to bring the deceased back, it can remove much of the financial burden caused by the accident.