Can I Sue if a Family Member Dies in a Truck Crash?
By Chris Dixon
It’s never easy when a loved one dies, but when a family member dies in a truck crash, it can be particularly difficult to deal with. An area of the law that can get justice for your loved one’s sudden death is wrongful death. Wrongful death claims allow family members to recover personal injury damages for their loved one’s death and get justice for their pain and suffering caused by a negligent driver.
What Is Wrongful Death?
A wrongful death claim can be filed by the family members of the victim of a fatal accident that was caused by another, whether it’s in a truck accident, car accident, or due to medical malpractice. A wrongful death lawsuit can be filed by anyone that was personally close to the deceased, such as a spouse, children, parents, or another relative. If your family member died in a truck crash, you are eligible to sue the truck driver that caused the accident with a wrongful death lawsuit. A wrongful death claim can recover damages that your loved one would have been eligible to claim if they were alive. It can be difficult to file a claim while dealing with grief, but an experienced attorney can offer personalized legal guidance during this trying time and help you file a compelling claim.
A wrongful death claim includes evidence from an accident, copies of the police and medical report, witness reports, and other evidence that details what happened in the accident. If you are considering suing the truck driver that caused your family member’s death, it’s essential to act quickly and file a claim with an attorney. Truck companies are insured by large insurance companies that might try to pin the blame for the accident on your deceased loved one. The other party’s insurer could even attempt to offer you a lower settlement while you and your family are still grieving. Hiring a lawyer to represent your case not only protects you from the other driver’s insurance agent but provides legal guidance when filing a lawsuit for your loved one’s pain and suffering.
Damages That Can Be Recovered with a Wrongful Death Claim
A wrongful death lawsuit is not attached to your deceased family member’s will. A wrongful death claim recovers economic (medical bills, lost wages, etc) and
non-economic damages that were caused by the truck accident your loved one was killed in. Damages that you are eligible to sue for if a family member dies in a truck crash includes:
- Burial and funeral expenses
- Medical bills caused by the accident before your loved one’s death
- If you are a spouse or dependent of the deceased, lost wages that you experienced because of the fatal accident
- Mental or emotional distress that your loved one had because of the crash before they passed away
- Damage that was done to your loved one’s vehicle in the accident
- Pain and suffering that you or your family members have experienced from the crash
Can I Sue If a Family Member Dies in a Truck Crash That They Were At Fault In?
If your family member dies in a truck crash that they were at fault in, you could be eligible to recover compensation for their damages. If your family member was only partly at fault for the accident, in some states, all parties involved in an accident can recover damages depending on their responsibility in the crash. Negligence laws that pertain to fault in an accident vary from state-to-state, so it can be hard to figure out what your state’s laws are. A wrongful death lawyer can assess your family member’s case, determine if damages can be recovered, and if so, help sue the at-fault party in the truck accident.
Consult a Lawyer About Your Case Today
Losing a loved one is never easy and can cause unstable emotions and an inability to reason during such a trying time. If you are thinking about suing the driver that caused your loved one’s death, it’s essential to have a lawyer represent your case. Your lawyer can negotiate with the truck driver’s high-powered insurance company, recover damages for your loved one’s suffering as quickly as possible, and get justice for your family member’s unexpected death. If you are ready to file a wrongful death lawsuit against the truck driver that caused your loved one’s death, contact the Dixon Injury Firm today. Our attorneys offer free consultations to make their services more accessible and can create a personalized plan to recover damages as quickly as possible for your family member’s death.