The roads we drive are congested with cars, trucks, motorbikes, semis, Jeeps, and more. All to often, these speeding and weaving vehicles will collide causing more than just injury, but death. When that death due to vehicular accident occurs to a loved one through no fault of their own, it can leave you feeling overly stressed and grief ridden, or so states a new report regarding vehicular fatalities.
Families of the deceased loved one or loved ones must deal not only with their own withering emotions but funeral arrangements, medical bills, and so much more. There will be legal concerns also, especially when the person or persons who have passed were not responsible for the fatal accident.
Says the Levinson Law Group, a San Diego car accident attorney, vehicular accidents can happen in any number of ways. In fact, no two accidents are said to be the same. But the many all too common causes of fatal collisions are aggressive driving, driver fatigue and/or inexperience behind the wheel, failure to signal when shifting lanes or taking turns, DWI and DUI, plus speeding. In a word, the roads you take for granted on a daily basis are not nearly as safe as you might assume.
Wrongful Death Injuries
Wrongful death occurs when a person dies due to another person's negligence which has caused serious injury leading to what should have been an avoidable death. In terms of a vehicular collision, death can occur on the scene of the accident or later on at the hospital. Some of the more common fatal injuries are as follows:
Spinal Cord Injury
Technically defined as "damage to any part of the spinal cord or nerves at the end of the spinal of the spinal canal," spinal cord injury will result in permanent loss of sensation, mobility, strength and all bodily functions.
Traumatic spinal cord injury due to car collision can also cause coma and immediate death.
TBI or Traumatic Brain Injury
TBI happens when a serious vehicular collision disrupts the brain's ability to function normally due to a blow to the head and/or when foreign objects pierce both the skull and brain tissue. The most severe cases of TBI will result in a permanent state of vegetation and/or death on the accident scene or later in the hospital.
Filing a Wrongful Death Lawsuit
While you are overwrought with grief following the sudden death of a loved one, you will also want to seek out legal justice. You should be aware of your options when it comes to filing a wrongful death lawsuit.
The first thing you must do is attempt to determine if you are eligible to file such a lawsuit. In legal terms, a wrongful death lawsuit should be filed by a "personal representative of the deceased's estate." These can include the deceased's spouse, partner, parent, or child.
If the deceased is a minor, the lawsuit will be filed on behalf of the surviving parent or parents. If you are determined to be eligible to file, you need to immediately speak to an attorney who specializes in wrongful death lawsuits.
The Workings of a Lawful Death Lawsuit
Once you hire the right attorney, he or she will begin a careful review of all medical bills, liabilities, and all associated costs your now deceased loved one assumed prior to their death. The lawyer will also calculate the loss of all "future earnings."
Once the investigation is completed, the law firm will officially file the claim with the courts and, at the same time, forward a settlement demand to the at-fault person's insurance provider. The settlement demand will reflect the amount of monetary compensation the lawyer believes the client's case deserves. Usually what will happen after that, is the at-fault party's insurance provider will proceed to negotiate a settlement the two parties can agree upon.
If no agreement on the settlement is reached, the case will go to trial. When this happens, a judge and/or a jury will determine the lawsuit and ensuing settlement's conclusion.
What is the Worth of a Wrongful Death Lawsuit?
In the case of a wrongful death lawsuit, compensation for the victim's survivors will depend heavily upon the at-fault party's financial well-being and on the value of his or her insurance policy. This is why the hiring of an experienced wrongful death attorney is so important when it comes to the potential financial outcome of your claim.
Make no mistake, your wrongful death attorney must be open to exploring every avenue along with possible existing liabilities that can have a positive impact on your claim and its ensuing settlement.
For instance, if your loved one was killed by a drunk driver, the bar or bars who were overserving him or her might be liable. Making a determination on the parties who are either directly or indirectly involved in the fatal accident can result in increased compensation for grieving survivors of a loved one.
