Filing Wrongful Death Claim after a Truck Accident – Top Things to Keep in Mind

Losing someone you love in a fatal accident can be a life-altering incident. The phase may bring emotional and mental turmoil. After all, your entire life goes upside down once you love someone you love. But this is not the time to mourn and shed tears after the close one’s demise. It’s time to investigate, take action, and win justice.

That’s where a wrongful death claim lawyer can help you out. But before you seek a solicitor for deserving compensation as a family member of someone who passed away in a fatal truck accident, here’s what you must understand first. So, let’s begin this and help you plan for the right way to file the claim.

An Overview of the Wrongful Death Lawsuit – What Is It?

The wrongful death lawsuit is the legal action taken by the family member of the deceased or a survivor. This lawsuit is only valid if the death occurred due to someone else’s negligence and carelessness. One should hire a seasoned attorney who understands the ins and outs of a wrongful death lawsuit.

This helps prove the case and win the compensation you deserve. It’s true that no monetary compensation can ever surpass someone’s emotional loss. However, it’s justice for someone who was not at fault yet had to encounter such a dangerous event that took their life away. So, it is justifiable to consult a solicitor to comprehend the lawsuit and fight for justice.

Who Is Eligible to File a Lawsuit?

A wrongful death claim can be filed by anyone close to the deceased. The law states that the decedent’s representative may file the claim on behalf of that decedent’s estate and survivors. The beneficiaries are entitled to receive compensation. The following are the people eligible to file the wrongful death claim in Orlando:

  • Children – The deceased’s child (or children) can file the claim collectively in case there is no surviving spouse.
  • Spouse – The deceased’s surviving spouse has the right to file the claim if there are no children.
  • Parents: If the deceased did not have a child or spouse, any one of the parents can file the claim.
  • Dependents — In other cases, a relative or sibling who was financially dependent on the deceased can file the claim.

You can consult a wrongful death attorney who specializes in truck accidents. The attorney will determine the legal rights, considering your unique situation.

What You Must Prove to Win the Wrongful Death Claim?

The following are the key things you need to prove to win the wrongful death claim:

  • Breach of Duty of Care

Due to the defendant’s unreasonable actions, they conduct a breach of duty of care. For instance, suppose the driver was texting when driving, tailgating or even speeding. Note that the defendant is someone who caused the fatal injury to your loved one.

  • Duty of Care

The defendant should have owned the duty of care to the family member. Note that the duty is the obligation or requirement to act in a specific manner. For instance, drivers have the duty of care to operate their cars or trucks safely by following the traffic rules to avoid accidents. 

  • Causation

Note that the breach of duty should be a proximate cause of someone’s death. As an applicant, you need to establish that the action of the defendant caused fatal injury or death to your loved one. Failing to create a chain of causation might have a negative impact on your case. 

  • Damages

According to the Wrongful Death Act, there are damages that the survivor can receive after the wrongful death. Every survivor may get compensation for the value of lost support from the individual’s injury until death. They may even get the amount for future financial support. 

Survivors may get other damages for the claim. However, it is entirely based on their legal relationship with the deceased. As you have already known, the deceased’s spouse, child, parent, and dependent can get the deserving compensation. Note that the minor children may get compensation for the loss of parental companionship.

Survivors receive compensation for pain and suffering. In some cases, they may also receive reimbursement for expenses as damages.

What Evidence Do You Need to File the Claim?

Once you are determined to file the case, you need to prove that due to the defendant’s fault, your close one met a fatal accident resulting in death. For this purpose, you need the following evidence to prove that injury resulted in the death:

  • Opinions from the doctors, accident reconstructionist, and other expert witnesses
  • Medical records 
  • Accident reports, as well as police reports
  • Photographs and videos of the accident spot 
  • Statements from parties and witnesses who were present in the truck accident

Filing a Wrongful Death Lawsuit under the Guidance of a Solicitor

Filing the wrongful death lawsuit after the truck accident involves various steps. To begin with, you need to consult a solicitor to understand the details of the case. 

In the wrongful death that results from the truck accident, a solicitor plays a crucial role. The legal professional has critical responsibilities, including the following:

  • Investigates the accident
  • Collects evidence
  • Interviews the witnesses
  • Determines the accident reports
  • Establishes a strong case and determines liability

An attorney does everything in between, from negotiating with insurance companies to maximizing compensation. So, it’s important to appoint one of the competent Orlando truck accident attorneys for wrongful death. The professional navigates the complexities associated with legal procedures.

Wrapping up

After the investigation is over, the solicitor starts negotiating with the insurance company. As soon as the negotiation reaches a settlement, the legal associate then files the lawsuit on behalf of the deceased’s family. So, throughout the legal process, the solicitor offers the right support and guidance. 

The professional ensures the family understands every step. So, if you or someone you know has lost their close one in a deadly truck accident due to someone else’s fault, it’s time to hire an experienced attorney. Seek justice and receive the compensation that your family deserves under the guidance of a knowledgeable and trustworthy solicitor.

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