A road accident that resulted in a fatality or death may be qualified for a wrongful death claim. This refers to a fatal accident that was due to the negligence or misconduct of another person. The immediate family such as a spouse, child, or parent of the deceased or personal representative of the deceased may file a wrongful death lawsuit. Neglect may be in the form of carelessness or unsafe driving or unintentional reason such as car manufacturer defect. Here are common causes of car accidents that may lead to casualties:
• Distracted driving – texting and driving;
• DUI (Driving Under the Influence – may be in the form of drugs or alcohol or even prescription drugs;
• Irresponsible driving – beating the red light, speeding, etc.;
• Driver fatigue;
• Poor weather conditions;
• Street and highway defects;
• Car manufacturing defects;
• Inexperienced and/or elderly drivers
The elements of a wrongful death claim must include the following:
• The death of a human being;
• The casualty must be caused by another’s negligence, or intends to cause injury;
• The family of the deceased is suffering monetary injury;
• A personal representative must be appointed for the decedent’s estate.
Damages in a wrongful death lawsuit are measured by pecuniary injuries. These include loss of support, services, lost prospect of inheritance, medical, and funeral expenses. The majority of laws grant wrongful death claims shall be fair and simply for pecuniary injuries that happened after the decedent’s death. To determine the amount of claim to be awarded, it is appropriate to take in consideration the age, character, and condition of the decedent, the earning capacity, life expectancy, health, and intelligence, plus the circumstances of the distributes. After hearing the evidence, the jury will determine the size of the amount to be awarded. Although the jury determines the amount, the court will have the final say – the court may adjust it upward or downward with accompanying reasons.