A wrongful death happens when a person is killed due to the fault of another individual. Wrongful death claims involve all types of fatal accidents from car accidents, trucking accidents, motorcycle deaths or pedestrians struck by automobiles. Persons, entities, governmental agencies can be legally at fault for acting negligently.
WHO CAN SUE FOR WRONGFUL DEATH?
A wrongful death claim must be filed by a representative on behalf of the survivors who suffered damages from the decedent’s death. Such representatives are called “real parties in interest”. The representative is typically the executor of the decedent’s estate. The “real parties in interest” vary from state to state. Some of those people might include:
- Life partners, financial dependents and putative spouses;
- Immediate family members and distant family members
- Person who have suffered financially
WHO CAN BE SUED FOR A WRONGFUL DEATH IN A CAR ACCIDENT
An individual can file wrongful death action against various people, companies, government entities and company employees. For example, in an auto accident with a poorly paved and marked roadway, and a drunk driver, it is possible to file a lawsuit against the following parties:
- Driver who was operating the vehicle that caused the fatal crash
- The builder, contractor or designer who was responsible for making the road or maintenance of the same
- Manufacturer or distributor of any parts of the vehicle that may have failed and led to the death
- The owner of the business which served drinks to the driver
It is possible that a certain persons or government agencies may be immune from a legal action for wrongful death.
WRONGFUL DEATH CASES FROM CAR ACCIDENTS
In general, majority wrongful death car accident cases involve a negligent or a reckless driver. Examples of such instances are:
- Inattentive driving
- Driving while texting
- Ignoring blind spots before passing
- Ignoring to look over the shoulder when backing up
- Reckless driving that involves: speeding, tailgating, red light violations, drag racing, driving while intoxicated or under the influence of drugs.
Many insurance companies would deny liability coverage bodily injury or property damage intended by, or reasonably expected to result from, the willful, intentional or criminal acts or omissions of the responsible party (s). Therefore, having an experienced attorney on your side is the foundation for a effective recovery.
WHY CHOOSE ARATTA LAW FIRM?
At our firm, every injured client will be in direct contact with an attorney. Many large corporate law firms end up transferring you to a case manager – you never speak to an attorney directly and your case becomes part of the mill.
At our firm, we do things different. We pay close attention to every individual case, from the inception and throughout the process of the claim / lawsuit. Our diligence and attention to detail result in consistent higher settlements, which adds up to a higher compensation for you, the client.
ATTORNEY’S ABILITY TO NEGOTIATE
Even though you may have a solid personal injury claim, the skill and the attentiveness of your attorney can also considerably impact how much compensation you will receive for your injuries. If your injury claim is negotiated by a case manager, assigned to your file at a firm, and not an attorney, your claim may end up settling for a lesser amount. This is because adjusters know who they’re dealing with and how aggressive the firm is when settling injury cases. Insurance adjuster also know who they can bully into accepting lower settlements.
An attorney’s ability to negotiate a settlement is, in many ways, the most important skill an attorney possesses. Lawyers who are effective negotiators know the importance of timing, preparation and strategy. That being said, our firm recognizes the importance of precision, timing and subsequent results, which is the foundation of Aratta Law. At our firm, nothing happens by luck but by great preparation and good strategy.