Each year hundreds of car accident victims die. This is usually an unexplainable feeling to the family members.
Suppose your loved one was involved in a car accident but succumbed to death immediately or after some time. In that case, it’s vital to understand what legal rights may be available to the decedent?s family members.
Death After A Car Accident
A fatal car accident is more likely to cause deaths. This leaves the decedent family with questions of why did it happen and whether it was preventable or not. Such questions all boil down to one major question of who was responsible for the accident. These questions matter as far as claiming damages for wrongful death is concerned.?
The sad reality is that victims are not aware of what legal process to follow and how to seek compensation. Usually, car accident victims succumb to death due to injuries suffered; others may die from traumatic shock. Some of these injuries include:
- Traumatic brain injuries
- Fractures or broken bones
- Spinal injuries
- Internal bleeding
?If your loved one died to someone else negligence, you might file a wrongful death claim. Filings such a claim needs one to have the correct information from?Bakersfield personal injury lawyer. Such a lawyer will help you understand:
- Who is responsible for filing the wrongful death claim.
- Whether to negotiate or file a claim.
- Any deadline to the filing the claim.
- What to receive if the case is successful.
Filing A Wrongful Death Claim
Every state has its own rules regarding the person responsible for filing a wrongful death claim. In California, the decedent?s surviving spouse, children or grandchildren can file a wrongful death claim. If such is not available, an individual entitled to the deceased property in an intestate succession can file the claim. Generally, the law is lenient when it comes to who may file such a claim. Where there are issues, one may seek legal help.
The main reason for filing such a claim is to claim damages. This means that there must be prove of negligence to hold the defendant liable for the loss. Such calls for the plaintiff to act like the deceased would have when filing a personal injury claim. Thus, it becomes easy to establish liability prove that:
- The defendant had a duty of care.
- There was breach of such duty.
- The breach caused the death.
Proving the above is not easy, especially when the defendants believe that the deceased was also partly to blame for their death. ?Getting the best damages out of such would require a wrongful death lawyer who knows the ins and outs of such cases.
What Damages Will I Receive?
After the accident, the decedent may have incurred extensive medical expenses due to injuries suffered; these will be refunded after a successful case.? For a successful wrongful death claim, the decedent family can be sure of:
- Any expense spent in connection with injury recovery such as therapy, rehabilitation etc.
- Loss of consortium: You may recover both pre and post-death damages depending on the decedent?s age. This will require the surviving spouse to prove that they had a fruitful marriage and were likely to live together for an extended period of time. You may also be requested to provide evidence of such a relationship. This is possible through pictures you may have taken together.
- Loss of care to children, their education etc.
- Burial and funeral expenses.
Get A Wrongful Death Lawyer
Proving negligence in any wrongful death is often a challenging element to prove. The judge or jury has to rely on a?preponderance of the evidence?to make a sound decision.
Note that it is possible to settle your wrongful death claim rather than going to court. But this has to be an attempt from both parties. In addition, there has to be an agreement that you don?t intend to take the case to trial. However, in such circumstances, the insurance adjuster may offer you a lower settlement than what may be provided if you litigate.
This call for understanding of how much your wrongful death claim may fetch. And since every case is different, having an experienced lawyer can help you understand the circumstances of your case.
Numerous factors may affect the outcome of any wrongful death claim. For instance, you need to file your lawsuit within the set time limit. In California, you have to file such a claim within two years after the death of your loved one.
If you need more information concerning wrongful death claims and how to get favorable damages, consider discussing your situation with a season personal injury lawyer. Such a lawyer is to investigate vital facts, help you estimate the value of your claim and assist you in getting a fair settlement or verdict.
