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Top Car Accident Lawyers Explain Wrongful Death Claims

Posted on December 18, 2017

Top Car Accident Lawyers Explain Wrongful Death Claims

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When someone dies, and it is perceived to be the fault of another—be it an individual or corporate entity—survivors are sometimes permitted to bring a wrongful death suit. This phrase is commonly known, yet wrongful death cases remain widely misunderstood. In this post, our auto accident lawyers will explain what wrongful death is, who may sue for wrongful death, and who may be sued for wrongful death.

Wrongful Death, Defined by Car Accident Lawyers

Top Car Accident Lawyers Explain Wrongful Death ClaimsAccording to one car accident lawyer on our team, a wrongful death claim exists when one person dies due to the legal fault of another.

A wrongful death claim might entail a number of different kinds of fatal accidents—including car and truck accidents. Medical malpractice sometimes falls under this heading, as well. Wrongful death cases might also encompass product liability issues.

Finally, note that wrongful death cases can entail both negligent actions as well as intentional actions.

Who Can Sue for Wrongful Death?

Our auto accident lawyers often get this question, or some variation of it. Typically, a case that involves wrongful death must be brought by survivors who have sustained some kind of damage as a result of the wrongful death. As you might imagine, this is a fairly broad field. Some examples of people who can sue for wrongful death, according to our car accident lawyers:

Members of the immediate family. Spouses and children—including adopted children—are allowed to bring wrongful death cases. Parents are, too, in cases where one of their unmarried children dies in the wrongful death incident.

Life partners and financial dependents. This one is a little murkier. In some states—but not all—a life partner or financial dependent may file a wrongful death case. To know for sure if you can bring a suit in this situation, it’s best to speak with a car accident lawyer or other personal injury attorney.

Distant family members. In some states, brothers, sisters, or grandparents can bring wrongful death suits. This is most likely in situations where the grandparents or siblings are raising the person who dies.

Others? In some states, anyone who suffers an adverse financial effect from the death is allowed to file a wrongful death case. Again, this is something you will want to discuss with an auto accident lawyer or personal injury lawyer.

Who Can Be Sued for Wrongful Death?

A related question: Against whom can wrongful death cases be brought? There are many possible answers here—including individuals, corporations, and government agencies. As an example, consider this scenario. A car accident results in the loss of life; the driver was under the influence of alcohol, and the road itself was full of potholes and other hazards. In this case, a wrongful death case might be brought against:

  • The driver of the car.
  • The government agency that failed to adequately warn drivers of these roadway hazards.
  • The manufacturer or installer of a faulty part in the vehicle.
  • The person who sold or served alcohol to the driver.
  • The owner of the store or bar where the alcohol was served.

As you can see, a wrongful death case can go in many different directions, just depending on the specifics of the case. To learn more about whether or not you can bring a wrongful death case—and against whom—it’s always best to speak directly with a car accident lawyer.

Is There Anyone Who is Immune from Wrongful Death Cases?

It’s important to note that there are some people against whom you cannot bring a wrongful death case—in particular, government agencies and government employees who have immunity against such suits.

This is something that can vary from one state to the next—so, once again, it’s best to consult with a car accident lawyer or personal injury attorney to learn the specifics.

Representation in a Wrongful Death Case

Representation in a Wrongful Death CaseAs you can tell, wrongful death cases can be complicated—which is why it’s always best to have a legal professional fight your case on your behalf.

I Accident Lawyer boasts some of the top personal injury attorneys and car accident lawyers in California, Nevada, and beyond. We work hard on our clients’ behalf, and we only represent those who have been affected by accidents. We never represent insurance companies or other big corporations.

Our accident lawyers are standing by to advise on your case. To learn more, contact I Accident Lawyer right away.

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