There is perhaps no loss more devastating than the unexpected death of a loved one. No legal recourse can bring back what has been lost, but some legal options can help to ease financial burdens thrust upon those who have been left behind. If you have lost your spouse in a motor vehicle accident, know that you do have legal options available to you.
Chances are that you are wary of potential stresses that taking legal action may create. You certainly have enough to process right now without adding to your burdens. Thankfully, you do not need to navigate this situation alone. Speaking with a personal injury attorney experienced in wrongful death suits can help you to understand your legal options. After you have been informed of your choices, you can process them and ultimately take the healthiest path forward for you and your family.
When Is a Wrongful Death Suit an Option?
If your spouse’s car accident was caused by another’s negligence, recklessness or intentional behavior, you may be able to hold that person or entity liable for that conduct under the law. Wrongful death suits are filed when another’s negligent or intentional harm has led to someone’s death. In the case of car accidents, these claims are generally filed against other negligent or reckless drivers. However, they may also be filed against businesses and even against the state under certain circumstances.
For example, if a car accident was caused by a semi-truck driver who had fallen asleep at the wheel because his employer compelled him to break governmental rules designed to keep drowsy drivers off the road, the family members of the deceased car accident victim may be able to sue the truck driver’s employer. Similarly, if a state road construction project was inappropriately marked and monitored and a car accident occurred as a result, a wrongful death suit may be filed against the state for its negligent approach to the project.
What Kind of Compensation May Be Awarded?
A spouse may be awarded two kinds of compensation related to his or her loss. Economic damages may be awarded for any expenses or objective financial burdens related to the loss of a spouse. For example, medical bills, funeral and burial costs, future income loss and other objective economic losses may be compensated in this way. Subjective losses including pain and suffering and loss of companionship may be compensated through non-economic damage awards.
Experienced Legal Counsel Is Available
The stresses of losing a spouse are far more than anyone should ever be asked to handle. Thankfully, you do not need to navigate the process of filing a wrongful death suit alone. Please consider reaching out to an auto accident lawyer who is experienced in wrongful death car accident claims today. An attorney will be able to both advise you of your options and, if you do decide to file a suit, will be able to manage the legal heavy lifting on your behalf.