If your loved one was involved in a fatal truck accident, you may be wondering what steps to take next. Fatal trucking accidents are, unfortunately, common due to the seriousness of such accidents. If your loved one died because of the truck driver’s negligence or wrongdoing, you are likely in shock after dealing with the sudden loss of life. Additionally, you may be confused as to what to do next. Filing a wrongful death claim is necessary to hold the negligent driver(s) or company liable for what happened.
A truck accident involving a tractor-trailer, big rig, or other large commercial truck is almost always serious. Anyone that suffers only minor cuts and bruises or what appears to be minor car damages is considered “lucky” by most people. Even if substantial injuries do not appear apparent at first, we caution anyone from thinking their case should not be pursued in court or handled by an attorney. Instead, we encourage you to contact an experienced truck accident attorney to fully asses your damages and likelihood of success.
However, in most cases, a trucking accident causes devastating loss and injuries. Losing a loved one after a fatal truck accident is traumatic and often referred to as one of the most difficult experiences any family will ever deal with. Besides the loss of life, the stress and worry caused by the loss of financial support the deceased loved one provided can cause a lifetime of stress for families.
For those family members that wondering what to do next, keep reading. We hope this article provides a guide as to how to handle a wrongful death case.
What is wrongful death?
It is a legal term for the untimely death of an individual resulting from a careless, reckless and negligent act of another person. It is important to understand that this claim is a civil lawsuit that an immediate family member or a survivor of the deceased may file against the person(s) or company who is responsible for the untimely death. You would need legal representation when filing a wrongful death claim. Only an experienced attorney can help a family prove that there was an act of negligence falls on the plaintiff.
For example, if the truck accident case involves an intoxicated driver, you have to prove that the person was under the influence of alcohol or drugs or both. If the driver was distracted you will need to prove that they were talking on the cellphone or even texting at the time the collision took place. These can be proven with the help of police reports, witness statements, phone records, deposition testimony, and more.
What damages can a family member seek from the wrongful death claim?
In a wrongful death case, monetary compensation is sought to ease the financial burden brought upon by the untimely death of your loved one. This monetary claim may compensate for the current financial loss but also for losses that the deceased’s surviving family members may suffer in the future.
Families of victims may seek monetary compensation for:
- Medical bills: this may include but not be limited to emergency and medical expenses brought upon the truck accident
- Expenses for the funeral and burial
- Loss of earnings (past and projected): food, shelter, clothing etc.
- Loss of services pertaining to the home: care for the home/children
- Emotional Loss: for the loss of love, comfort, companionship, affection and moral support
Filing a wrongful death claim resulting from a truck accident is difficult than claims for medical malpractice or other accidents. The type of evidence needed is much different. Additionally, the laws vary from state to state and based on the type of accident. Trucking accidents require investigations that only an experienced truck accident attorney knows how to handle. It is necessary to collect as much evidence as possible that includes police reports, contact information of involved parties, witness accounts, and medical/coroner records. An experienced wrongful death lawyer who has handled numerous commercial trucking accident cases will be able to thoroughly investigate and analyze all evidence. She will dedicate time and resources to determine the damages your family has endured because of this tragedy and fight for your right to claim full damages.
Schedule a Complimentary Consultation
At Council & Associates, we understand the emotional and financial burden you are going through in this difficult time. Our knowledgeable lawyers have helped numerous families to hold at-fault parties accountable. By consulting with us, we will make sure that the at-fault parties be held accountable. Let us help you. We offer our compassionate and competent legal services, call us immediately (404)-562-8857.