Truck accidents are one of the most harrowing experiences anyone can go through. They can cause tremendous amounts of damage and even loss of life. Even if you walk away with minor cuts and bruises, it can still be a life-altering experience that leaves you shaken and traumatized.
For those who have had a loved one taken from them in an accident due to the negligence or recklessness of another, the effects can be even more devastating. They suffer the emotional pain of losing a beloved family member or friend and the financial burden caused by their absence.
The legal system is meant to provide justice and closure for these wronged individuals, offering them compensation to help continue their lives despite such tragedy.
Who Is Eligible To File a Wrongful Death Claim?
A wrongful death claim is a lawsuit filed when another party’s negligent or intentional actions cause a person’s death. In this case, the deceased person’s estate may be entitled to compensation from the liable party for things like pain and suffering, loss of companionship, medical expenses, and funeral costs.
To seek such compensation, an individual must bring a claim on behalf of the deceased. Commonly, this individual was close to the deceased such as:
- A spouse
- A child
- A sibling
- Financially dependent person
In some cases, the claim can be brought by other people in possession of relevant evidence or information regarding the circumstances leading up to the death. The representative must have legal standing to act on behalf of the deceased to bring forth a successful wrongful death claim.
How To File a Wrongful Death Claim
Filing a wrongful death case can be overwhelming and difficult, especially when grieving your lost loved one. When someone has passed away due to the careless or negligent conduct of another person or entity, you must consult an experienced attorney to help you determine whether a wrongful death claim is worth pursuing.
Your lawyer will explain the legal processes and help guide you through the complicated paperwork needed to file a wrongful death lawsuit. Through this process, it will become clear as to who is legally responsible for causing the death of your family member and how much financial compensation may be available for your losses. The attorneys at Christensen Law Firm can recover fair compensation and obtain the justice your deceased loved one deserves.
Time Limit of Filing a Wrongful Death Claim
The statute of limitations for wrongful death is a limited two-year window, beginning on the date of the decedent’s death. This means that if a claim is not filed within this two-year period, the deceased’s family will likely be barred from recovering any compensation that may be due to them.
As such, it’s important for families who may have suffered a loss due to wrongful death to understand the details surrounding this statute and seek legal advice immediately so they can take the appropriate steps to ensure their rights are fully protected.
The Damages You Can Recover
A civil lawsuit in a truck accident can seek various forms of damages, including economic, non-economic, and punitive.
- Economic damages cover the cost of medical treatment before death, loss of financial support, and funeral and burial expenses. They may also include the value of goods and services that the deceased person would have provided to the family if they’d lived (like childcare, house cleaning, etc.), as well as loss of future expected earnings, benefits like pension plans or medical insurance, and loss of inheritance due to an untimely death.
- Non-economic damages provide compensation for pain and suffering, emotional distress, and loss of consortium.
- Punitive damages are intended to punish the defendant for their actions and deter similar behavior in the future. To maximize compensation for all these types of damages after a truck accident or other motor vehicle incident, it is important to contact an experienced attorney who understands how to assess these costs properly
Seek the Compensation You Deserve After a Loss
The bottom line is that it is important to take all the necessary steps immediately following a truck accident to gather all of the relevant information before it’s gone forever. Taking pictures of the scene and recording witness statements are just two of many things that can help build a strong case when pursuing legal action.
Having an experienced lawyer on your side during this time can be invaluable in ensuring you get the maximum compensation for any damages or losses incurred – whether you sue the truck driver, the trucking company, or a third party involved with the truck company, etc.
During this difficult and trying time, focus on taking care of yourself and your emotional well-being so you can reclaim your life after a tragedy.
