Legal Rights in Fatal Car Accidents
Wrongful Death is a legal term that refers to situations where a person dies due to the negligence of another. The goal of a wrongful death case is to compensate the survivors and beneficiaries for their loss.
The following types of damages are considered in a wrongful death case:
- Sorrow, mental anguish which includes loss of companionship, comfort and guidance;
- The expected loss in income of the person who died;
- The expected loss of services, protection, care, and/or assistance which the person who died provided to the survivors/beneficiaries;
- Expenses for the care, treatment, and hospitalization of the person who died related to the injury
Who is responsible for the accident?
Generally, people who operate automobiles must exercise "reasonable care under the circumstances." Failure to use reasonable care is the basis in most lawsuits for damages caused by an automobile accident. A lawsuit may be brought against:
- A driver who hits an individual (who has automobile insurance), while the individual is a passenger in another vehicle or a pedestrian.
- A driver may also be liable for an accident caused by intentional conduct or reckless conduct. (A driver who is reckless is one who drives with willful and wanton disregard for the probability that the driving may cause an accident.)
Your insurance company will need information to grant you your personal injury protection benefits. Additionally, often your own insurance policy may cover an accident which did not even involve your vehicle. Attorneys are often necessary to get the highest possible compensation from your insurance company, or in the event another party is negligent.
Sensitive and Reputable Attorneys
In times of grief, it is obviously difficult for family members to understand the importance of a prompt investigation of the circumstances of the death, preservation of evidence and identification of responsible parties. However, a rapid legal response is necessary for lawyers to secure evidence, testimony and make sure legal action is taken before your rights expire.
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