What I Need to Know About Wrongful Death

Legal Tips and Resources

One of the most devastating realities is that fatal car accidents happen all too often. In fact, more than 50,000 people pass away in the United States due to car crashes. Some of these accidents are simply that, where no one person was at-fault and it was just a tragic incident. However, there are a significant percentage of these accidents that could have been prevented. One of the drivers may have been operating their vehicle with negligence and recklessness, to where another person lost their life. Understandably, the surviving family may be motivated to file a wrongful death lawsuit so they can seek justice on behalf of their loved one. 

What is the first step in filing a wrongful death lawsuit?

If you suspect that your loved ones death stemmed from the other driver’s carelessness, then it is advisable that you get help from an experienced attorney. Both you and your attorney can investigate the incident further to see if any hidden evidence can be uncovered. During this time, do what you can to gather helpful evidence such as the police report, photographs of the crash, witness statements from people who saw the crash occur, and medical documents showing the extent of your loved one’s condition prior to death. 

What is the most important thing in a wrongful death case?

Proving negligence is going to be the most important element of your wrongful death case. If you cannot prove that the driver was being negligent, then your chances of receiving compensation and a sense of justice will not be successful. Because most car accidents are not intentional, you will have to bring forward evidence that shows the driver was driving without care for others on the road. 

What are ways that the driver could have been driving negligently?

There are a variety of ways that a driver could cause a fatal accident due to negligence. For instance, perhaps the driver was under the influence of drugs and/or alcohol, aggressively driving, distracted, or speeding. Distractions can easily come from being on the phone, using the radio, eating, digging through the glove box, or talking to passengers in the car. The driver may have been fatigued and could have fallen asleep behind the wheel. 

What if the driver claims that a mechanical issue occurred?

It is possible that the accident happened due to defective brakes, horns, lights, accelerators, steering, tires, and more. If the other driver claims this was the issue, then they will have to show evidence that the vehicle had malfunctioned. If your attorney believes the other driver, then they may suggest taking action against the vehicle manufacturer instead. As you can see, these matters can get complicated and proving fault can be tricky, so obtaining experienced legal representation is key in the outcome of your lawsuit. If you have any questions about filing a wrongful death lawsuit, it is imperative that you meet with an attorney, like a car accident lawyer as soon as possible.