What is Wrongful Death?
Wrongful death is a legal term. In the context of an auto collision, it describes a crash that resulted from the negligent or reckless behavior of a driver. Wrongful death can result from distracted or aggressive driving, failure to obey traffic signals or poor driving skills.
Often the surviving family members feel that accidents happen. Insurance companies have made people feel guilty if they seek out advice from a lawyer and discourage individuals from calling an attorney indicating to do so is in some way disgraceful or wrong. When you add the fact that no amount of money will bring back a loved one, far more claims are not pursued than are pursued in court.
When a case is pursued after the family realizes that there has been some wrongdoing that should be rectified, there may be evidence missing. Witnesses may not be able to be found, or their memories are foggy. Court deadlines may have elapsed. Contacting a car accident lawyer in a timely manner may be the most important decision you make in bringing the issue to a close.
Losses from Wrongful Death
The losses suffered by a wrongful death are not just emotional but monetary. Lost earnings and pain and suffering are recoverable in court. Funeral expenses, medical costs, the loss of a pension and the loss of companionship and care can also be recovered.
Bringing a successful wrongful death claim to court means you must prove that the accident was caused by a negligent driver. Less often a wrongful death claim can result from a defective automobile design or auto part that fails such as a seat belt.
To succeed, there must be adequate insurance or assets to satisfy the legal claim either on the part of the driver, the auto, or auto parts manufacturer. In the case of a driver who is uninsured or underinsured, an experienced lawyer will have to seek out assets that can provide a recovery such as a homeowner’s policy, business insurance or the trucking company’s insurance. That is why we buy insurance and why others do too.
Call us today
When insurance companies are reluctant to pay valid claims, as they often are, a personal injury attorney is your last line of defense to ensure that your claim is honored. At Farah & Farah we take that responsibility seriously and will devote our full experience to convincing the at-fault party that the debt is what the at-fault party owes for the negligence and harm caused to your family.