Thursday, March 10, 2016

How a wrongful death lawsuit works in a car accident case?

Wrongful death lawsuits are filed by family members of a person killed by the negligent actions of an individual(s). The victim’s estate under the law is entitled to sue the person responsible for the death of their loved one. The filing is usually done by a legal representative representing the estate on behalf of the loved ones of the deceased. Deaths due to a car accident also fall within the purview of wrongful death.

In the movie 13 Hours where Ambassador Stevens was killed and three other Americans because the former Secretary of State Hillary Clinton ignored Steven’s request for additional security, Al Qaeda could have been sued for not just wrongful death but for murder. But Al Qaeda does not need a Cleveland, OH accident lawyer since Al Qaeda is a terrorist group who do not believe in freedom of religion, innovation, the private sector, woman’s rights, and so on.

Al Qaeda may save money on lawyer’s fees but the downfall with them is that they can be killed on site and they are fighting for a flawed ideology.

Al Qaeda may never use this website (Accident.USAttorneys.com) to find legal help since they are uncivilized. You are civilized. Click right here and find salient legal help.


How to prove wrongful death in a car accident?

Cleveland, OH accident lawyers proclaim that wrongful death lawsuits resulting from car accidents are treated as typical cases of negligence. This means that the defendant has a duty of care towards other commuters to drive safely and that the defendant was responsible for a breach of duty. This breach caused the victim’s death. Therefore, the breach is the proximate as well as the direct cause of the accident. However, the burden of proof lies with the plaintiff.

Who can file the wrongful death suit in a car accident claim?

As discussed earlier the representative of a victim’s estate is obligated by law to file the lawsuit acting on behalf of the family members.
Ohio accident attorneys say that a spouse is entitled to demand compensation if his or her partner is killed due to negligent driving. The parents of a minor killed in an accident can sue. In a few states parents of adult children as well as dependent relatives such as grandparents, cousins, aunts, and uncles have the right to damages. In a few other states partners through civil unions have a right to claim compensation along with individuals who were financially dependent on the deceased.

What are various types of wrongful death damages awarded by courts?
  • Accident lawyers in Cleveland, OH point out that you can collect monetary compensation for the pain and suffering that the deceased was forced to suffer before death.
  • Medical costs such as hospital bills, medication expenses, and lab costs that resulted due to the injury can be claimed.
  • Expenses incurred in funeral and burial arrangements.
  • Income loss that affected the family financially.
  • Inheritance loss due to the death.
  • Loss of consortium demanded by spouse.
  • Loss of companionship and care that the victim extended to other members.
  • Loss of service that the deceased provided to other members.
Role of Lawyers

A legal counselor will have to prove the victim’s death was a result of the driver’s negligence. In addition, he or she will need to prove that had the victim survived, he or she would have been entitled to the same compensation. Another important task for the legal pro is to prove that you as a surviving family member have suffered damage due to the wrongful death.

Legal counselors immediately employ their resources and contacts to try to extract a desirable outcome from the lawsuit. They have their own investigative teams, or person, who will comb through police reports, evaluate evidence and forensic reports, and question witnesses. It is extremely likely that a criminal case is being pursued against the defendant in which case your legal rep. will be able to use the evidence presented in the criminal case in your wrongful death lawsuit. That is right!

Just like one Little League baseball field is used in one game and then another game after the previous game is over with. Just like that!

If you have lost a family member due to the negligent actions of a driver, don’t hesitate to speak with an accident lawyer in Ohio soon afterward. You have the right obtain fair and just compensation so make sure to have those rights protected and honored. 

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