Wrongful Death Following a Car Accident

Each year there are approximately 41,000 car accident fatalities in the United States. Most accidents are preventable and are caused by somebody's negligent behavior, faulty vehicle, or unsafe driving. After an accident, the trauma and pain often push the idea of filing a suit out of the grieving family's mind. Although it cannot bring your family member back, filing a wrongful death lawsuit following a car accident is a small way to begin rebuilding your life and seeking closure on your loss.

Causes of Accidents

Although there may be several contributing factors that make a car accident worse, weather, road conditions etc. there is typically one major cause for any car accident:

• Careless driving or speeding
• Inattention or distracted driving
• Impairment from drugs or alcohol

Once the ultimate cause of the accident is determined, it is usually fairly easy to identify the responsible party and bring them to justice.

Wrongful Death Definition

In legal terms, wrongful death is any death caused by the negligent actions of a third party. Most, if not all, traffic accidents have someone who is responsible.

• The person driving
• Owners of truck companies who push their drivers too hard
• Manufacturers of defective vehicles or equipment
• Construction crews who fail to mark hazardous road conditions and dangers

Filing a claim

Establishing a successful wrongful death claim must includes two parts:

• Proving the death was caused by someone's negligence
• Must be adequate assets adequate to cover the claim, insurance for example

The investigation after a fatal accident is typically very thorough and the paperwork from the police and first responders is vital to any case. Whenever possible, the investigation may require additional input from witnesses and surviving victims, which is frequently a painful experience.

After dealing with the loss of a loved one, you do not want to have to deal with the headaches and heartaches of bringing a wrongful death lawsuit. It is important to retain an experienced car accident lawyer to help you manage all the paperwork and ensure you meet any statute of limitation deadlines in your case.

The Defendant

Defendants of fatal car crashes usually have much deeper pockets then their hapless victims. Whether insurance companies, trucking companies, or the manufacturers of defective vehicles or parts back them, they are going to go all out to defend themselves. At some point, their lawyers or claims adjusters will contact you, there are several things to remember when they do:

• Do not admit to any wrongdoing
• Do not discuss your opinions on the cause of the accident just stick to the facts
• Retain an attorney as soon as possible to ensure your rights are protected