Losing a loved one in an auto accident in one of the most devastating experiences anyone can go through. If the accident was preventable and only happened because of someone else's carelessness, then you will probably want to seek compensation for the loss of your loved one. The following article examines wrongful death lawsuits resulting from car accidents in more detail.
Filing the Suit
One of the key legal questions about wrongful death suits from auto accidents concerns who may file this type of suit. Generally, immediate family members of the deceased, such as spouse and children, or a representative acting on their behalf, are always allowed to file wrongful death lawsuits. Depending on state law, grandchildren, siblings, and others who had a very close relationship with decedent may file also file or have someone file on their behalf.
To win a lawsuit involving a car accident you must show that someone else was at fault for that accident. This will typically be the driver of the other vehicle, although certain exceptions exist. You will need to show that the other person was negligent in some way and did not show the same amount of care that the average individual would have shown in the same situation.
In some instances, a person loses their life in an auto accident not because of the negligence of another driver, but because of a defect in the vehicle on the part of the manufacturer. In this case, you should look into joining a class action lawsuit against the auto manufacturer if one already exists. A class action suit is one that is filed against a large corporation by many people instead of just one person or a few people. It has various advantages and disadvantages compared to filing an individual wrongful death suit, so consult a car accident lawyer before making any decision.
The amount of compensation you might receive from a favorable court verdict or a settlement with the insurance company of the plaintiff depends on a range of factors. This includes things like the health, age, income of the deceased person, any medical bills that were incurred by the deceased as a result of the accident, and the financial circumstances of the deceased dependents.
Pursuing a wrongful death lawsuit after losing a family member in a car accident is a complex process that cannot be done successfully without qualified legal assistance. If you decide to go ahead with a lawsuit, talk with an experienced wrongful death accident attorney.