Filing a Wrongful Death Claim After a Car Accident
A wrongful death claim is filed when a person is considered legally at-fault for another’s death. This claim is filed when an affected party, such as a family member or estate representative, believes that a fatality resulted from negligent behavior.
Common wrongful death claims include:
An affected party may file a wrongful death claim to obtain compensation for damages. Monetary damages may include medical bills, loss of expected wages, and funeral expenses. However, family members may also seek emotional damages. These damages include pain and suffering, a loss of guidance for children of the deceased, and a loss of companionship for immediate family members. It is important to note that wrongful death claim laws differ from state-to-state.
Wrongful Death and Motor Vehicle Accidents
Motor vehicle accidents claim the lives of nearly 37,000 people each year in the United States. Unfortunately, drivers tend to practice neglectful behaviors while driving. Some of these behaviors may include distracted driving, drunk driving, fatigued driving, or speeding. When a fatality occurs from neglect, an affected party may file a wrongful death claim. Estate representatives have several options when filing a wrongful death claim. If the at-fault driver is uninsured or underinsured, the representative may decide to file a claim through the deceased’s insurance company. In other cases, they may decide to file a claim through the at-fault driver’s insurance or file a lawsuit against the faulty driver.
How to Prove Neglect Occurred in a Car Accident
Proving that the at-fault driver exhibited negligence may be difficult. To prove negligence, there must be proof that the at-fault driver breached a duty of care. All drivers have a duty to avoid behaviors that could put others on the road in danger. Some negligent behaviors include distracted driving, drunk driving, or speeding. If the driver participated in one of these behaviors, there must be proof that their actions lead to the fatality.
Who May Be Considered Liable?
Wrongful death claims in car accidents may have a multitude of liable parties. Liability is dependent on how the victim died. For example, if the victim died from being struck by another vehicle, the at-fault driver is liable. However, if the at-fault driver was driving drunk, the person who provided the driver alcohol may also be liable. If the victim died from vehicular manufacturing issues, the corporation that provided the defective parts may be liable.
DC Car Accident Lawyers at the Law Offices of Duane O. King Help Car Accident Victims Receive Compensation
If you or a loved one suffered from a car accident, please consider contacting a DC car accident lawyer at the Law Offices of Duane O. King. Our lawyers are determined to obtain maximum compensation for our clients. If you are interested in speaking to one of our lawyers, contact us online or call us at 202-331-1963 for a free consultation. Located in Washington, DC, we proudly serve clients from DC and Maryland.
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