When a fatal accident has claimed the life of a loved one, a wrongful death claim provides an option for families to recover for the harm suffered.
In a neighboring Massachusetts’ community, a head-on collision recently resulted in the death of two people. The car accident occurred when a 26-year old man in a passenger vehicle crossed the center line and struck another vehicle with two women in their 40s traveling in it. The passenger in the vehicle that was struck was killed and the driver was taken to the hospital with life-threatening injuries. The driver who crossed the center line died in the accident. According to police, the accident remains under investigation.
A wrongful death accident can result in a variety of damages. Because of this, surviving family members may wish to bring a wrongful death claim against the negligent party for compensation of those damages. Typically in a wrongful death lawsuit, a surviving negligent party is sued, however, the estate of a deceased negligent party can also be sued.
A wrongful death cause of action is brought, following a fatal accident, by the personal representative of the estate of the deceased victim. Oftentimes, insurance companies are involved in the compensation of victims involved in a fatal car crash. Through a wrongful death claim, surviving family members may be able to recover medical and funeral expenses, pain and suffering and loss of companionship damages. Other types of damages, such as loss of support and services or lost prospect of inheritance, to name a few, may also be available depending on the circumstances and characteristics of the victims.
The loss of a loved one is overwhelming to anyone. When it results from the negligence, or wrongful actions, of another party, families may wish to better understand the process of bringing a claim for damages which a trained personal injury attorney can help with.
Source: MyFoxBoston.com, “Two killed in Avon crash early Sunday,” Mar. 16, 2014