Commercial trucks weigh almost 25 to 30 times more than passengers. So, any accident resulting from a commercial truck can have fatal consequences or death. Now, if someone experiences wrongful death in a car accident, a lawyer can assist you with your deserving compensation. This post describes what happens next after a wrongful death in a commercial truck crash. Before anything else, let’s find out the definition of wrongful death.
An Introduction to Wrongful Death
Wrongful death is a scenario where someone dies due to the negligence of someone else. In a truck accident, if a passerby or car driver dies due to the negligence of the truck driver, it is called wrongful death. As a representative of the deceased or accident survivor in Orlando, you can come up with your claims to the court.
According to Florida’s right to action, when the death of an individual occurs by a wrongful act or negligence of another person, the deceased individual’s estate can file a civil lawsuit in court.
What Happens When Someone Dies in a Truck Accident?
Whether it’s a commercial or semi-truck accident, fatal injuries or wrongful death leave financial and emotional consequences in the deceased individual’s family. The causes might differ from one accident to another – losing control of the truck in an under-construction area, aggressive driving, driving when fatigued, and more. If you wish to succeed in a wrongful death claim, the plaintiff must determine these elements:
● The defendant breached that duty via negligence or intentionally dangerous actions
● The defendant owed a duty of care to the person who died
● The breach of the defendant was the actual cause
● The person’s death resulted in financial and emotional damages to survivors
If you can prove this evidence, you can get compensation for the damage due to wrongful death.
Reasons behind Wrongful Death in a Truck Accident
If your loved one dies due to the fault of another person, it’s definitely a wrongful death. The scenario might become more crucial if it resulted from a truck accident. So, you may be entitled to bring the injury case against another to the court. Here are the reasons why a wrongful death results from an accident, especially a truck accident:
● Negligence of the driver – When the individual fails to act responsibly, it might result in a truck accident
● Reckless Driving – When a truck driver is into reckless driving, other persons on the road are in danger,
● Intentional – If the person acts with the intent to cause death to someone, it results in an accident
In any of the above cases, you can hire a personal injury lawyer to assist you.
Steps To Follow After a Truck Accident
After a truck accident, a survivor or witness can follow these steps:
Ask for Help
Whether you are a witness or accident survivor, having been involved in a truck accident might end up with devastating consequences. If the other person is dying due to the crash, the first thing you need is to call for help. Contact the ambulance team to take the dying person to the hospital. More unfortunately, when the person has been spotted dead, you shouldn’t hesitate to call the police.
Collect the Documents
Ask other uninjured witnesses to take photographs and videos of the accident scene. The document should include damage to other properties, dead bodies, and vehicles.
Communicate with Witnesses
If someone was at the accident spot right from the beginning, please take their contact details. Ask them to give their proof of evidence to Orlando wrongful death lawyers as soon as you contact them.
Investigating More about the Fatal Accident with a Lawyer
For any fatal truck accident, investigation becomes a crucial consideration. You can get assistance from local authorities and conduct investigations of the accident. Note that these investigations may last for months, so you must be patient.
It’s imperative to consult an experienced attorney who can settle your case with your deserving compensation. Your solicitor can easily negotiate a settlement and perform everything to help you win justice.
Understanding the Truck Company’s Dutiful Responsibilities Following a Fatal Accident
A truck company has dutiful responsibility if the accident has resulted in fatal injury or death. It can conduct investigations into its workers, including the following details:
⮚ Date of the accident
⮚ Accident location
⮚ Driver’s name
⮚ Number and type of injury
⮚ Fatalities
⮚ Drug testing and alcohol
Damages One Can Recover from The Truck Accident Resulting in a Wrongful Death or Fatal Injury
Wrongful death claims are not criminal but civil actions. More parties might be liable for the victim’s death. The plaintiffs get financial damage for the claim. Wrongful death claims for orphans and widows (of the deceased individual) may have financial support when the decedent did not have an estate. Today, they offer financial damage for the claim. The following are the types of damages in the wrongful death claim:
⮚ Economic damages for the deceased person’s present as well as future income, funeral expenses, and other monetary costs, including medical expenses of the amount that the survivors paid
⮚ Non-economic damages such as loss of consortium, emotional suffering, and parental loss
Most states don’t reward punitive damages in wrongful death suits. A wrongful death solicitor can act according to state laws.
How An Attorney Assists in Orlando Wrongful Death Claims
A wrongful death attorney can help you in the following ways:
⮚ Assign a value for the losses
⮚ Ensures that the other party is considered accountable for the damages
⮚ Negotiates with the insurance company of the liable party
⮚ Clears your doubts and queries about the wrongful death claim
⮚ Negotiates the settlement and protects the rights
⮚ Navigate each aspect of the case and fight for justice in the courtroom
So, after a wrongful death, your family might take months and years to heal. However, with Orlando truck accident attorneys, you can ensure financial security. The solicitor can help you get deserving compensation and ensure peace of mind. It’s true that the compensation won’t bring back your loved one. However, it will help you cope with the financial strain introduced by the absence of the breadwinner (or one of them) in the family.