Death in Accident
Whether we realize it or not, operating and driving a motor vehicle is a dangerous act. It can be considered more dangerous when an individual is behind the wheel or riding on a motorcycle. These forms of transport pose a greater risk than taking an airplane or a train somewhere. Because of the potential everyday risks of driving, it is always essential to be as safe as possible.
Three of the leading causes of accidents include:
- Driving while drunk.
- Taking drugs and driving.
- Using a cell phone while driving.
Statistically, within the year 2014 alone, there were around 3000+ deaths resulting from motor vehicle accidents.
Despite the significant amount of information provided every day about unsafe driving, there is still a possibility of accidents happening. When an individual’s actions lead to a death in an accident, regardless of the reason, the deceased person’s loved ones are entitled to compensation for the accident. A death in an accident can occur for numerous reasons. A few includes:
- Criminal activity.
- Motor vehicle defects by the automaker.
Vehicle accidents are a common occurrence in the world. Even the most careful driver can be faced with fatality if they weren’t prepared for the other driver’s actions. Common accident causes that could lead to fatality could include:
- Distractions while driving.
- Driving under the influence (Whether drugs, alcohol, or others)
- Poor weather conditions.
- Driver fatigue.
- Defects in the street or highway.
- Defects caused by the car manufacturing company.
- Inexperienced drivers.
- Elderly drivers.
While most laws in the state are similar regarding wrongful death, it is essential to keep in mind the specific laws of each state to verify deadlines and other requirements. There are statues in the books regarding a death in accident claims. Generally, a state’s wrongful death statute would require family members or loved ones of the individual to produce several elements. A few of the typical requirements of what a grieving family member or loved one should show to win a wrongful death lawsuit include:
- Proving the other driver had caused the accident which resulted in the individual’s death.
- The other driver had acted negligently, wrongly, or was at fault in causing the accident leading to a death.
- The monetary damages that should be compensated to the family member or loved one of the individual as a result of the death. (The remedies could include both monetary benefits and non-monetary benefits.)
Who is eligible to file for a wrongful death lawsuit?
To file for a lawsuit in a situation of death in an accident, it is generally suggested that you should be an immediate family member. However, in certain instances, it may depend on the situation.
Losing a loved one in an accident can be devastating. While the laws can’t bring that person back, they can compensate you in a financial aspect. This could reduce some of the burdens of the decease. If you or someone you know is looking for an attorney specializing in wrongful death, the Gretchen Ortiz Law Firm might be just the place for you. Through competent, experienced, and professional attorneys, you can acquire all the support and legal help you need through us. We guarantee to never let you down. Contact us now for a consultation.
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