Is a Car Accident Cause For Wrongful Death?
It is one of the most dangerous activities known to man, yet something that we all do on a daily basis: driving a vehicle. According to national death statistics, car accidents are one of the most common causes of deaths in the United States, falling behind heart disease and cancer.
If you have a loved one who was involved in a motor vehicle accident and unfortunately lost their lives, you may be entitled to press a wrongful death suit and claim compensation against the other driver. Wrongful death suits in car accidents rely on a variety of factors, factors which need to be proved prior to winning the case.
The first thing that needs to be proven in order to win the suit is whether the offending driver was driving negligently. Driving negligently means that the other driver was driving in such a way as to be deemed careless. This is particularly difficult to prove in court, because unless it is blatant—they were driving forty miles over the speed limit, they disregarded numerous stop signs or red lights, etc.—there is always a chance you won’t be able to substantially prove it. However, what this means is that you have to prove that the other driver was at fault and the accident was just the run-of-the-mill accident.
The next thing that you have to prove is that there are monetary damages that have to be covered. Oftentimes this also means that the victim had a family they left behind after they passed away, a family who will fall under a burden to cover the costs accrued after the accident.
Those factors will ultimately help prove that the accident was a wrongful death. When this is proven, compensation can be rewarded to the plaintiff.
Before you move forward with a wrongful death suit to win compensation, there is one last thing that needs to be considered. Many state laws put a limitation on who can file the claim for a wrongful death suit. More often than not, states require that an immediate family member, particularly a spouse, child, or parent be the one that files the suit.
Accidents that result in deaths are always a tragedy, a tragedy that can be quite costly for the family of the victim. State law looks out for the victim’s families in these situations, so if you think that you have a possible claim, consult an attorney to find out your options.