Wrongful Death Lawyers and Attorneys
Wrongful Death is a legal term that refers to situations in which someone is killed through the negligent behavior of someone else. Thousands of car accident deaths are attributable to negligent conduct such as aggressive driving, inattention, failure to obey traffic lights and signs as well as poor driving skills.
Fatal Car Accident Law
When wrongful death lawsuits arise as a result of reckless, careless or negligent driving the family may often be so traumatized they fail to pursue any legal action. Contrary to popular belief, promulgated by insurance companies, many people who suffer the death of a family member in an auto accident never file a claim or lawsuit. The family is often so overwhelmed that any legal action is out of the question, because no lawsuit or amount of money is going to bring the deceased back.
While understandable, the decision to forego legal action means that the family and survivors are deprived of the income lost and a sense of what many victims call closure, or justice. Often a family member will seek out a lawyer many months or years after the loss, only to find out that evidence has been lost, insurance adjusters are reluctant to open old claims, legal deadlines have elapsed etc. Indeed, one of the most common causes of our lawyers rejecting a claim is that it is too old. Thus, it is advisable to contact counsel as soon as possible after a fatal accident.
Although every state has different laws, fatal auto accident claims all share several common features:
1) The death means that there will be police involvement and records that need to be secured right away.
2) In all likelihood one of the operators will be found at fault; an accident cause will be found.
3) The severity of the loss will trigger an aggressive response by insurers to protect themselves from any liability.
4) The case will, as with any claim over one million dollars, require the help of an attorney experienced with complex injury litigation. The attorney will need to hire an independent expert in accident reconstruction to establish the cause of the death.
Claims and Causes
The wrongful death claim must have two main features in order to succeed.
1) The accident must have been caused by someone else (driver of deceased car, another vehicle etc) who acted negligently usually through bad driving, in some claims this will mean the auto maker who designed a vehicle poorly, such as an SUV with a defective design.
2) There must be adequate insurance or assets to provide the basis of a recoverable legal claim. Many, many fatal car accidents that are the result of bad driving remain uncompensated because there is no money to compensate the victim's family. Many cars are under insured with small policies ranging from $10,000 to $30,000. An attorney will know how and where to look for available insurance or assets using investigators and asset searches. Often times trucking insurance, homeowners policies, business insurance may be available to compensate the family millions of dollars.
Experienced wrongful death attorneys understand the complex legal issues and emotional trauma involved in handling these claims. A lawyer can help survivors by providing representation to the estate of the deceased, dealing with insurance recovery and any potential lawsuits.
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We provide a free case assessment and lawyer referral so that you may take the right legal action after an accident. Only a few attorneys that have the medical knowledge, experience, and contacts with expert witnesses can successfully handle a wrongful death case.
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