What Are Your Rights After a Deadly Car Accident?

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Practice Areas: Auto Accident, Trucking Accident, Workers Compensation

Car accidents can cause safety and health risks and in some cases, serious accidents can result to fatalities. The last thing in your mind after a loved one succumbs to death after an auto accident is following the legal channels to get justice. But if the accident was caused by another driver, then it is possible to recover for all the medical bills, suffering, pain, and funeral costs. Doing it alone at this time can be very time consuming and painful. However, a knowledgeable, and experienced personal injury attorney can help you in all the legal proceedings.

There is no price that can be placed on the life of a human being. Mere dollars cannot replace the pain you are experiencing due to the loss of your mother, father, daughter, or son. However, it is your right to get compensated by the other party to cover for any financial losses. Remember that the deceased would also have contributed greatly through earned income if he or she would have survived. Therefore, to ensure that you are compensated, contact a reputable accident attorney today to help safeguard your rights.

Legal Rights After a Deadly Car Accident

Claims after a wrongful death

After a loved one gets killed in an auto accident, you can be able to file for wrongful death. Wrongful death cases are handled in a similar manner like personal injury suits. This is because the wrongful death was caused by the negligence, intentional actions, or recklessness of others.

In a wrongful death, there are two types of damages: punitive damages where the defendant is punished for negligence and pecuniary damages to cater for any incurred financial costs including medical bills and lost wages among others. However, in some states, punitive damages are prohibited during claims for wrongful death. In other states, there are caps on the number of damages you can be able to recover while others allow for the recovery of suffering and pain damages. One common law in all states is the time limit to file for a wrongful death claim.

Claims after a car accident

After a fatal accident, you can file for claims against the other driver who caused the accident, the car manufacturer if the car was faulty, or any other entities that are found liable. There is no accident that is similar to another, but for you to get compensated, you will be required to prove that the person who died is not to be blamed for the accident. Proof can be in the form of photos of the accident scene, police reports, and the testimonies of eyewitnesses.

The insurance firm of the victim can offer a settlement or cover for the damages. However, if the insurance firm fails to offer any compensation, you will need to file a lawsuit against the other party for you to get compensated.

Auto accidents especially those that involve wrongful death claims are complicated both emotionally and legally. This is because the death of a loved one is the most devastating experience that anyone can ever go through. Although there is nothing you or anyone else can do to bring back your loved one back to life, the law has created channels that can help you obtain compensation. To get fair compensation, ensure that you get sound legal advice from an experienced auto accident lawyer. Most attorneys work on a contingency mode of payment and they will be more than happy to give you a free review of your case and guide you on what to do next.

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