A competent San Antonio car accident lawyer understands the intricate legal issues and emotional stress involved with handling car crash claims in wrongful death issues. If you have a car accident death lawyer who’s experienced and dedicated, your family can concentrate on recuperating from the tragic loss of a beloved. You can benefit from your car accident death lawyer’s compassion, dedication and many years of expertise and knowledge in your state’s car accident laws.
All drivers are responsible to drive carefully not only for themselves but also for other’s safety. If a person fails to drive with due care and someone dies as a result, the driver may be found negligent and held liable in a wrongful-death lawsuit. A driver can be considered negligent if he exceeded the posted speed limit. For a car accident to result in a wrongful death the death has to be caused, entirely or part, by the conduct of the party in whose negligence resulted in the accident. The deceased has to be survived by his or her spouse, children or defendants and other beneficiaries and the death must result in monetary damages or loss.
Wrongful death claims can be brought in court if an individual passes away because of an occurrence where a second party can be held responsible. Wrongful death lawsuits can be filed by anyone who was hurt from the accident. Although the person killed cannot file a case on his or her behalf, a case can be filed on behalf of the estate, not only for medical bills and expenses, but if the death included significant suffering, pain and suffering damages may also be sought. In addition, the surviving spouse and children may file for economic and noneconomic damages in terms of lost wages as a result of person’s death as well as the loss of companionship.
A family representative has to show the following to be able to have standing to file a wrongful death claim that resulted from a car accident: 1.) A family member was killed in a car accident; 2.) That family member’s death was caused by reckless or negligent acts of others; and 3.) Living members of the family are suffering from physical, emotional or financial loss because of the death. Damages for wrongful death may include monetary settlement for the victim’s medical costs, funeral and burial expenses, loss of expected future earnings and loss of services, consortium, care and comfort. Certain restrictions limit the amount of time a family must file a wrongful-death lawsuit, so when you have lost a loved one in the accident, promptly talk to an attorney to go over any legal claims you might have.
You and your family should consider hiring a car accident attorney specializing in cases of wrongful deaths if your loved one has been killed in a car accident. Car accident cases are never easy and much more difficult if it involves death. A car accident lawyer can help survivors by providing representation to the estate of the deceased, dealing with insurance recovery and any potential lawsuits. If you have any question for our car accident lawyers click here