Fatal Accident Lawyer

Last updated on: April 25, 2022

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When a person dies because of the negligence or wrongful act of another person it is the loved ones who suffer, not only emotionally but in many cases financially. This is where a lawyer can help. A fatal accident lawyer works to help those left behind after a loved one dies. To help people cope with a loss and mounting financial concerns, a lawyer can help them seek compensation through a fatal injury claim. These claims are usually brought forward by loved ones or relatives of the deceased and may be brought in cases where the deceased would have been entitled to make a personal injury claim, had they survived the accident. If you have suffered the loss of a loved one, consulting with a wrongful death attorney can help you make sense of your situation and help you determine if you can seek compensation through a lawsuit. Call Zinda Law Group today at (855) 763-8266 for a free consultation with an experienced attorney.

Causes of Fatal Accidents

Car Accidents

Fatal car accidents are one of the most common causes of fatalities in the United States. Drivers are texting and checking their phones often, and any form of distracted driving can lead to accidents. Injuries caused by car accidents can be severe, even fatal. Someone can die at the scene of the accident, or even a while later after an injury worsens. If a loved one died as a result of a car accident, you might be able to recover for both the financial and emotional loss you have suffered from the driver at fault in the accident. To do so, your lawyer will work to establish that the other driver was negligent and caused the accident that lead to death.

Truck Accidents

Fatal truck accidents are a common occurrence, and given the sheer size difference, it is often cars and other road users that are left with the most damage. Truck accident fatalities are common, and in such cases, your attorney must work to establish if the truck driver was negligent and caused the accident.

Defective Products

Goods that come without warnings as to the level of risk they come with may create an unwarranted sense of trust in the product. Bad prescription drugs, environmental toxins, any number of manufactured goods can lead to fatalities. If a defective product caused an accident that leads to death, may be able to seek compensation from the manufacturer of the product, or you may be able to recover from the person who sold you the good. Alternatively, depending on how many steps in the manufacturing process there are, you may be able to seek compensation from a whole series of persons or companies. Your attorney must work to prove that the product malfunctioned, was defective or in some other way lead to death.

What to do after a fatal accident

1. Call 911

It is essential to report the accident and request medical attention immediately for everybody involved. These medical reports will also be useful when seeking compensation as it may prove the cause of death.

2. Document that Incident

Whether or not you were involved in the accident, if you are seeking compensation, it is important to gather as much information as possible. Some of this information includes:

• witness statements
• photographic evidence
• police reports
• medical records
• details of the truck driver
• expenses arising from the accident.

3. Speak with an attorney

A lawyer will be best placed to advise you on your rights if you can make a claim and a possible value of your case. They can take on the bulk of the workload for you, carry out investigations and file a lawsuit when necessary. This will allow you to focus your attention on your friends and family during this stressful time.

Who can file a claim?

A lawsuit is generally filed by a personal representative identified in the deceased’s will. They may bring the case forward on behalf of survivors who had a relationship with the deceased. Often, the personal representative is a family member of the deceased. For example, the person’s spouse, children, parent or sibling. If the representative cannot or will not bring the claim forward, or if there is no will, the court will appoint a person to bring the claim forward. Wrongful death laws vary from state to state, to determine who can file your lawsuit, speak with a lawyer.

Proving Negligence

To show negligence, your attorney will work to prove the following four elements:

1. Duty of Care

First, your lawyer must show that the party at fault owed your loved one a duty of care. For example, drivers on the road owe each other specific duties not to drive recklessly and endanger other road users.

2. Breach in Duty of Care

Second, your attorney will need to show that the duty was breached. In fatal car accidents, a drunk driver will likely be found to have breached a duty of care because they were driving under the influence.

3. Causation

Third, it must be shown that the breach of that duty caused your loved one’s death. Just because a driver was drunk, does not necessarily mean that the driver was responsible for the accident. To prove this element, you will likely have to refute other possible causes for your loved one’s death. Your attorney can work on establishing this fact for you.

4. Damages

Finally, it must be shown that there were damages sustained as a result of your loved one’s death. These damages could be medical bills, funeral expenses, loss of income, and even the pain and suffering that your loved one endured.

How to file a claim

Statutes regarding wrongful death claims vary from state to state, and you may not even be able to file a lawsuit depending on your relationship to the victim. Contacting an attorney may help you straighten out what your options are in filing a claim. Common steps involved in making a claim are:

1. Contact an Attorney

If you are authorized by your state to make a claim, you should contact an attorney to get started. Your lawyer will meet with you to discuss the facts of your case and help you determine how to move forward.

2. Investigation

Should you have a viable claim, your lawyer will investigate your case. In doing so, they will help you build a robust case and seek the compensation and justice you deserve.

3. Settlement

A settlement may come before a lawsuit is filed. If an agreement is not met before having to move to a trial, your attorney will walk you through each step of the process and explain to you how the settlement is divided among family members. You will not have to move through this process alone.

Calculating the value of your case

Settlement amounts for accidents involving death are often determined by combining economic damages and non-economic damages. ‘Damages’ is the term used to describe losses incurred because of the accident. Economic damages consist of easily quantifiable damages, such as medical expenses, lost income, auto repair bills, etc. Non-economic damages, on the other hand, are a bit more challenging to calculate. These types of damages often involve the pain and suffering and loss of companionship incurred. These can be more difficult to determine, speaking with a lawyer can help you make sense of these.

Legal Time Limits

The statute of limitations is the legal term used to describe the time limit in which a person has to make their claim. In accidental death claims, the time a person has to make a claim may differ depending on where you live. However, the typical statute of limitations for this type of claim is two years from the date of the negligent action. Two years may sound like a lot, but in reality, this time window is very short. Further, filing a lawsuit may be the very last thing on your mind when a loved one passes, and you may not get to it until after the statute of limitations has expired. Speaking with a fatal accident lawyer sooner rather than later may help you avoid missing that window.

Child Fatalities

When a child is wrongfully killed, the damages that their family may be compensated for are generally speculative. Depending on the child’s age it may be easier to determine whether a child would have supported his or her parents. For example, the loss of older children or adult children who support their parents may leave parents with loss of income.

Why hire a lawyer?

Save you time

If you decide to file a lawsuit on your own, you will likely have to do much, if not all, of the legwork by yourself. A fatal accident attorney may be able to take the bulk of the investigating, filing, and negotiating with insurance companies that will need to be done off your plate, which will allow you to focus on healing and returning to normal life.

Cost you little to no money

Typically, a first meeting or consultation with an attorney is entirely free. At Zinda Law Group, we work on a contingency fee basis, meaning that we will require no payment unless we win your case. This means that you could hire a lawyer, seek a settlement, without having to worry about legal fees.

Help with negotiating

Settlements often involve dealing with insurance companies and their specialist negotiators who are highly skilled at settling cases for less than what they are worth. An attorney may have just as much experience negotiating as the other side and may be able to help you successfully navigate the process.

Help with investigating

An experienced lawyer might know what sort of evidence your case needs to prove the elements of a wrongful death claim. There are many different documents and evidence needed to support your claim, some of which your attorney will know immediately. For example, are there specific laboratory tests need to be ordered? Do you need an expert witness to substantiate your claim?

Someone in your corner

Filing a wrongful death claim by yourself might lead to a feeling of being alone in a fight against powerful entities. Having an experienced death attorney in your corner means that you have someone advocating for you, for justice and to help you cope with dealing with your loss.

TALK TO ZINDA LAW GROUP

Losing a loved one is one of the hardest things a person goes through. In addition to the emotional pain, financial worries can add even more stress and dealing with insurance companies and lawsuits can be a very daunting task. This is where Zinda Law Group can help. With a fatal accident attorney from Zinda Law Group at your side, you can rest assured that you are not alone. Our compassionate lawyers are ready to answer your questions and advise you on the best way to move forward and seek the justice and compensation you deserve. Call Zinda Law Group today at (855) 524-7268 for a free consultation with one of our experienced lawyers. Meeting with attorneys by appointment only