When a loved one dies in an automobile accident, your grief can be nearly insurmountable. While you might not be thinking about a wrongful death case right away, you may discover that the driver of the vehicle that caused the accident was at fault. Anyone that loses out financially because of the wrongful death of an individual can sue when a wrongful death occurs, but the case is generally brought forward by the estate of the deceased on behalf of heirs that are left behind. When the deceased was the breadwinner of the family and a spouse or children are left behind, it becomes clear that a personal injury case for wrongful death will protect the family who remains.
Wrongful Death Claims and Who Can File
A wrongful death claim is a type of personal injury claim that looks at losses in order to determine compensation. In a regular personal injury case, the injured party is the claimant. When a death occurs, it is the family or those who are dependent on the individual who have the right to file to get justice for the death. While close family members, such as children and a spouse, are the usual people who file a personal injury claim, siblings or individuals who are cared for by the deceased may have a right to file a claim.
Proving the Fault of an Accident
If your loved one is killed in an auto accident and they are at fault for causing the accident, there's no wrongful death claim to file. When the accident is the fault of another driver or due to a malfunction of the vehicle, there can be more than one party that can be held liable for the death of a loved one. Once you establish why the accident occurred, your wrongful death attorney can decide who to name in a wrongful death lawsuit.
The Losses in a Wrongful Death Case
Loss of life is the ultimate injury. When a loved one dies because of the fault of someone else, your loss is the loss of companionship. Your financial future may now be unstable because of the loss, and your grief can be substantial. Losses are looked at when considering compensation and you have the right to file a wrongful death case on behalf of your loved one's estate when a wrongful death occurs.
Talk to a wrongful death attorney services provider when you suspect the death of your loved one could have been prevented, and get the compensation you need to protect your financial future.Share