A family member can sue for a wrongful death after a car accident. In wrongful death lawsuits, the liable party is the person who was responsible for your loved one’s passing. If the lawsuit is successful, one or more parties may pay the surviving family member compensation to help address the many losses resulting from a wrongful death.
A family member may choose to hire a lawyer for their case. There may be several benefits to hiring a lawyer for a lawsuit that involves a wrongful death in Atlanta.
How to Know When a Death Is Wrongful
The Legal Information Institute (LII) explains that a wrongful death is one that stems from another person’s intended or unintended negligence. Negligence involves a wrongful, careless, or reckless action. It may even be criminal in nature.
Even with this definition in mind, you may not be certain whether your loved one’s passing qualifies as a wrongful death. Making the call to a lawyer’s team may help you know for certain whether you have a reason to bring a wrongful death lawsuit.
The circumstances of a car accident may often produce a wrongful death. When a car accident happens, it may generally be because a driver acted in a way that caused the accident. Whatever a driver or another party did to cause your loved one’s death could be deemed wrongful.
Driver Actions that May Be Wrongful
As a family member, you may sue a driver for a wrongful death after a car accident. A driver or another entity may be the cause of your loved one’s car accident. Accordingly, your lawyer may name the at-fault driver as a defendant in your wrongful death suit.
Your attorney may make the case that the other driver’s actions caused the accident. The driver’s dangerous behaviors may have included:
- Being under the influence of alcohol
- Being under the influence of drugs
- Driving faster than the speed limit
- Changing lanes without signaling
- Changing into an occupied lane
- Making an illegal turn
- Disregarding traffic signals
- Driving too close to another vehicle
- Driving a vehicle that was unsafe
A vehicle defect may have caused your loved one’s accident. Many problems can affect vehicle safety, from engine problems to defective brakes and other issues. However, vehicle-related issues that contributed to your loved one’s accident could be the fault of a driver.
A driver may have put your loved one at risk by:
- Driving on tires that were too worn
- Driving on tires that were dangerously overinflated or under-inflated
- Not properly securing items to the outside of their vehicle
- Driving a vehicle with any defect that the driver knew about or should have known about
Through a wrongful death lawsuit, your lawyer will aim to hold the liable driver or another liable party responsible.
For a free legal consultation, call (404) 888-8888
Your Family May Deserve Compensation for Your Loss
The acts that led to your loved one’s death may not necessarily be criminal, but you may be able to seek justice for your loss by having a lawyer pursue a wrongful death lawsuit.
A lawyer will do what is required to complete your lawsuit. This will include finding out how your family has suffered because of your loss and establishing how that suffering translates into a cash value. The following are some of the losses that may entitle you to seek compensation.
Loss of Consortium
Certain family members of the deceased may be entitled to compensation for a group of losses known as loss of consortium. It may generally apply to the spouse of the deceased, and it is meant to cover the loss of affection and other comforts that the deceased provided. The loss of parental guidance for the children of your loved one may be a closely-related type of loss.
Your family may have suffered numerous economic costs related to your loved one’s passing. These costs could include:
- Funeral-related costs
- Medical costs
- The loss of your loved one’s income
While funeral and medical expenses may be fixed, one-time expenses, the long-term loss of a loved one’s income may be more difficult to quantify. Nonetheless, your lawyer will make the calculations necessary to account for lost future income.
Pain and Suffering
Pain and suffering could be the greatest loss in any wrongful death case. Losing a loved one in a car accident can leave you traumatized, and the pain may be lasting. A lawyer will seek compensation that represents the pain and suffering that you and your loved ones have experienced.
Call Bader Scott Injury Lawyers Today for a Free Consultation
A loved one’s passing is a tragic loss. While you cope, a lawyer can pursue any compensation that you and your family may be entitled to seek through a wrongful death lawsuit. Call Bader Scott Injury Lawyers today at (404) 888-8888 to complete a free consultation.