Wrongful Death Claims in Trucking Accidents
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jared batsonThe size and weight of a truck make it nearly impossible to avoid considerable damage when involved in an accident. Unfortunately, occupants of the other cars involved suffer more injuries, property damage, and even death.
Losing a loved one in a trucking accident can be especially painful when you learn that another person’s negligence caused it. This means that the liable party could’ve avoided causing a crash if they didn’t act with negligence.
You can hold accountable those responsible for the accident by filing a wrongful death claim with the legal guidance of a truck accident attorney like those at Kohan & Bablove Injury Attorneys. This allows you to pursue compensation for all the resulting damages, getting the justice and closure you’re seeking.
Eligibility to File a Wrongful Death Claim after a Trucking Accident
The first thing you’ll need to confirm is whether you’re eligible to file a wrongful death claim. Close relations and financial dependency are considered first when deciding eligibility. According to state laws, the deceased’s spouse, domestic partner, children, parents, or their estate’s personal representative are most qualified to pursue compensation for wrongful death.
You’ll also need to prove that the person you’re suing was negligent in some way. This involves showing the duty of care owed by the defendant, how they breached it, that the fatal accident caused your loved one’s death, and all damages resulting from this.
For example, the truck driver may have failed to follow trucking regulations and kept long hours. In these cases, they may have fallen asleep behind the wheel and caused the accident. Proving this is key to preparing for your claim.
Who Do I Sue after a Trucking Wrongful Death?
Driver error is the number one cause of trucking accidents. However, this doesn’t mean that the truck driver is solely responsible for your loss. Other parties that are often held liable in such cases include:
- The trucking company or employer
- Truck owner
- Truck maintenance companies
- Cargo loaders
- Manufacturer of the truck and its parts
Types of Damages for a Wrongful Death Claim
Fatal accidents cause unexpected planning and financial expenses that can easily drain your pockets. Sadly, this does not begin to explain the pain and mental anguish experienced by loved ones after losing a member of their family through negligence.
A wrongful death will compensate your family for these economic and non-economic damages, including:
- Medical expenses the deceased accrued before death
- Burial and funeral expenses
- Loss of inheritance
- Lost future earnings
- Loss of consortium
- Losing parental care and nurturing
Get Help from a Truck Accident Lawyer
To file a successful truck accident wrongful death claim, you’ll need to be at the top of things like handling the insurance company, gathering strong evidence, preparing administrative documents, and more. Admittedly, it can be overwhelming to do all of this, especially when you have no experience of the same nor the legal knowledge required.
A fatal accident lawyer will take off this burden and fight for you and your loved ones’ rights. Request a free case consultation at Kohan & Bablove Injury Attorneys by calling 1-844-404-2400 or filling out the contact form on this page.
