Family Member Killed in Truck AccidentLast updated on: September 20, 2022
Losing a loved one is perhaps the hardest thing someone can go through. When a spouse or child dies, the pain may be considerably worse. If you’ve lost a loved one due to someone else’s negligence, you may have a legal claim for compensation.
Commercial truck accidents are disastrous and often result in the loss of life. These types of accidents are regularly caused by truck driver negligence. If you believe your loved one’s accident was caused by a negligent truck driver, contact the truck accident attorneys from Zinda Law Group.
For a 100% free consultation with a truck accident lawyer, call (800) 863-5312 today.
Filing a personal injury or wrongful death lawsuit may be the last thing you’re thinking about right now. Many of our clients spend significant time grieving and only consider filing a personal injury claim after they felt the financial impact of the accident.
The effect of unexpected expenses is compounded by the fact that you can no longer rely on your loved one’s income. Unfortunately, many potential claimants feel helpless at this stage and fail to act. However, there are certain things that you can do to preserve your claim and improve your chances of making a financial recovery.
Contact a Wrongful Death Lawyer
If your loved one died because of an accident involving a large commercial truck, the first thing you should do is contact an experienced wrongful death lawyer. Although no amount of money will fill the void left by your loved one’s death, compensation can help with your financial losses. By hiring a wrongful death lawyer, you will have someone with you every step of the way.
Due to the nature of wrongful death claims, experience is crucial in handling them successfully. Having a wrongful death lawyer who has handled a wrongful death claim before can be invaluable. The truck driver and their employer will certainly look for an experienced attorney to defend their interest, and you should too.
Document the Accident
Strong evidence is essential to proving your claims in court and receiving the highest settlement award possible. Evidence obtained from the accident is usually most helpful in determining who was potentially at fault and what steps to take next. If you can go to the accident after being notified of your loved one’s death, try to collect the following pieces of evidence:
- Photographs and video of the scene
- Contact information of eyewitnesses
- Driver information and insurance card
- Copy of the police report
If you aren’t able to personally document the accident, reach out to your lawyer who may be able to document the scene for you. Our attorneys understand that this is a traumatic time and can help you in the collection and preservation of evidence.
Keep Receipts and Invoices
Keeping a record of receipts and invoices after the accident may be just as important as documenting the accident itself. This type of evidence is crucial for determining the amount of damages owed to you. For example, if you do not have a receipt for burial expenses, the defendant will try to minimize the cost to reduce the overall amount they have to pay to you.
Other important types of receipts and invoices you should keep include records related to medical expenses, vehicle repair costs, and pay stubs from the deceased’s employer. This information is vital to calculate the losses that you incurred because of the wrongful death. Without this information, it becomes difficult to determine what is fair and just in terms of compensation.
Notify the Insurance Company
Once there is evidence to support your claim, you should contact the insurance company. Some insurance policies have policies relating to wrongful death. Your lawyer can help you understand how this will affect your situation and what steps need to be taken with the insurance company.
Which Family Members Can File a Lawsuit?
Surviving Spouse –The surviving spouse may be entitled to damages for the loss of companionship and mental distress. Additionally, the surviving spouse can recover the lost wages of the decedent.
Surviving Children – The children of the decedent may be entitled to damages due to mental anguish and loss of inheritance. They may also be entitled to the reasonable sum the decedent would have provided for the maintenance of the child, and the value of any training and education that would have been provided by the decedent.
Surviving Parents – The parents of the decedent may file a lawsuit, regardless of whether they are the biological or adoptive parents of the deceased. In the case of adoptive parents, generally, only those who have completed the adoption process may file suit.
What Damages Can You Recover If You Sue After Losing A Family Member To A Truck Accident?
Damages are the remedy for the harm suffered by the plaintiff. Essentially, they are a standard form of tort redress. Two types of damages can be awarded, compensatory damages, and punitive damages. Punitive damages are awarded when the defendant’s act or omission was particularly egregious, whereas compensatory damages are awarded for:
- Medical expenses
- Earnings losses
- Pain and suffering
In most cases, plaintiffs are awarded only compensatory damages, but your cases may be of a nature that you could recover punitive damages.
Schedule your free case evaluation with Zinda Law Group Corpus Christi Workplace accident lawyers today
At Zinda Law Group we have an entire team ready to help victims of fatal truck accidents. Our experienced wrongful death lawyers can help you if one of your family members died in a trucking or commercial vehicle accident. We will work hard to protect you and the rest of your family’s legal rights.
If you need assistance now and would like to learn more about your wrongful death case, call us at (800) 863-5312. We offer no-obligation, free consultations and a “No Win, No Fee Guarantee” which means that you will pay nothing unless we achieve a favorable settlement, judgment, or verdict for your case.
Meetings with attorneys are available by appointment only.