The legal term for a situation where someone is killed through the negligent behavior of someone else, is called “Wrongful Death”. There are thousands of these kinds of law suits taking place every day, around the country. Most of them are the result of a bad car accident.
While alcohol is usually plays a large part of these accidents, if a jury believes that the driver was driving aggressively, let himself be distracted, of just failed to obey traffic signs, then that driver can be held accountable for any or all of the resulting damage. Contrary to popular belief, many of those who have suffered the death of a family member are often so traumatized by it; they never get around to filing a lawsuit or claim. With everything else they are facing in their lives, the pursuit of a lengthy court case is not high on their list of priorities. After all, nothing will bring back their loved one.
While this is easy to understand, it is really not that simple. The survivors may have completely depended on the financial contributions of the deceased, and are now facing economic problems in addition to their grief. They are not only loosing an income, but perhaps a certain justice and emotional closure for such large, impacting event in their lives.
Often time’s family members will decide to speak with a lawyer several months or even years after the death, only to find that much of the evidence is lost, and insurance adjusters refuse to re-open an old claim. There are also ‘statutes of limitation’, that limit the time someone has to file suit. No matter what you plan to do, it is always advisable to contact an attorney right away to at least learn what options you have. He may be able to put a foot in the door, and gather some preliminary evidence to allow you to come back to this when you are ready.
Every State has their own laws concerning these things, but here are some that are fairly consistent;
1. In the case of a death, there will be extensive police records that an attorney can gain access to right away, and hold on to for further reference.
2. 99% of the time, one of those involved with an accident will be found at fault, and the cause of the accident will be determined justly.
3. Because the loss was so severe, most insurance companies will try to protect themselves from any further liability, so retaining a lawyer will help keep these doors open.
4. If you do decide to pursue legal action, you will need an attorney to recreate what happened, prove the cause of death, and then help come up with a reasonable compensation for it. This will not only help calm the waves of stress, but bring the much needed closure that people in this situation often experience.
In order to succeed, a wrongful death case must have 2 elements;
1. The accident must be caused by someone who acted in a negligent manner.
a. Poor driving habits, or
b. A defective piece of equipment such as bad design or parts that needed replacement.
2. There must be a recoverable source of income. Most cars are under insured, and there fore only cover part of the potential legal claim.
a. The average policy only offers between $10,000 to $30,000 in coverage. It takes an experienced lawyer to find out other sources of income that will adequately compensate you for your losses.
b. Trucking insurances, homeowner’s policies, business insurance and savings account are often a good source, but can be hard to find.
Don’t settle for less. Loosing a loved one is a life altering event, and you will need lots of help for many reasons. You don’t have to go through it alone. Contact Ledger Law Firm to find out what they can do for you. Call 800-300-0001 today. They will be able to provide professional representation for the family of the deceased, deal with insurance recovery, and any potential lawsuits that might come up in the future.
The legal term for a situation where someone is killed through the negligent behavior of someone else, is called “Wrongful Death”. There are thousands of these kinds of law suits taking place every day, around the country. Most of them are the result of a bad car accident.
