Car accident deaths are some of the most challenging for the family to deal with since they are unexpected and often include very difficult medical decisions. Civil law does provide options for compensation for those that have to deal with the death of a loved one. Speaking with a personal injury attorney is the first step in getting the specifics for your case as well as discussing the options available.
Wrongful Death
In most cases wrongful death cases can be filed for car accident deaths as well as motorcycle deaths where the liability did not fall on the deceased. In situations where the accident was caused by the individual that died a lawsuit will not occur. Wrongful death from car accidents can also be filed in cases where there was a defect in the vehicle that caused the accident, in these cases the automobile manufacture would be sued rather than another driver.
Liability and Duty
When car accident deaths occur there is usually a determination of liability, also commonly known as fault. A driver that acted intentionally to cause the accident through either his or her actions or lack of attention to the road and the road conditions can be named in a lawsuit. Each driver on the road has a duty to both drive safely and watch for possible accident situations and take action to prevent the accident from occurring. Failure to signal, stop or follow acceptable safe driving methods is considered a breach of duty and will result in liability. Text message, talking on the phone or otherwise being distracted are good examples of breach in duty for a driver.
Who can File Suit?
The individual that files a civil lawsuit due to a wrongful death is someone that is either an immediate family member or a spouse. In the event of the death of a single parent with minor children the named guardian or the executor of the deceased estate may initiate the lawsuit on behalf of the minor child or children. Different states may also allow life partners, parents or siblings of the deceased to initiate a lawsuit.
Legal Representation is Essential
Car accident deaths all for compensation for expenses such as funeral costs, pain and suffering, lost wages for the surviving spouse and in some states loss of companionship for a spouse can also be compensated. Speaking with an attorney to determine your options for proceeding with a lawsuit needs to be done as soon as possible as there are restrictions as to when the lawsuit can be filed under the state statute of limitations.
