If a loved one has been in a traffic accident with a semi-truck, and this accident has caused his or her death, you may be thinking about a wrongful death lawsuit. Although it may seem like an easy lawsuit, there is no such thing. The following are are few important aspects of a wrongful death lawsuit you should understand, especially one involving a semi-truck.
You need to have legal standing
A successful wrongful death lawsuit will result in financial compensation for you. However, you need to demonstrate that this money is needed due to the loss of your loved one. Usually, this means that there will be a loss of income in the future. A father, for example, will not be able to provide for his family in the years to come. This idea of a financial provider can extend to many circumstances, but you will need to show there was a financial dependence. There are other circumstances that may entitle a person to compensation. In some states, the law allows for pain and suffering due to a loss of companionship. A wrongful death attorney can explain the possibilities to you in your legal jurisdiction.
You need to demonstrate negligence
Losing a loved one is devastating, but a wrongful death lawsuit consists of more than compensating for the loss of a loved one. Traffic accidents happen every day, and many of these accidents involve trucks. But often the traffic accident was just that – an accident. You will need to demonstrate that there was negligence. The negligence may have been on the part of the truck driver, or perhaps, it was the truck company that neglected to maintain the truck properly. Whatever the situation was, if it were not for this negligence, your loved one would still be alive.
You need to hire an attorney
After hearing your story, and deciding to take your case, the first thing an attorney will do is investigate the specifics of your case. This goes beyond reading the accident report. Your lawyer will read the inspection reports for both the truck and trailer, and then will inspect them himself, if need be. Driver logbooks and other pertinent documents will be obtained from the trucking company. Witnesses will be interviewed. An attorney will be able to create an accurate picture of why the accident happened. At this point, they will be able to negotiate with the insurance company and trucking firm for the best possible settlement or go to court to it.
If you have suffered the loss of a loved one in a traffic accident involving a semi-truck, you may be able to sue for wrongful death. But you will need to have legal standing, demonstrate negligence, and have the help of a personal injury attorney with experience in semi-truck accidents and wrongful death.
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