A car accident can be lethal. Whether it is on the city streets or on the highway, a fatal accident is tragic for those involved as well as their loved ones left behind. As surviving family members who have lost a loved one, you still have options.
Deciding Who You Can Sue for Wrongful Death
When someone dies in a car accident, it turns into a wrongful death case. But, you and your personal injury attorney must first decide who is legally at fault for the accident; thus, causing the death of your loved one. If the other driver is at fault, such as running a red light to cause the accident, then they are liable for the damages and losses they created.
But, there are other times where the liable party is not that easy to determine. Sometimes it is not the driver, but the manufacturer of the vehicle or even a government entity. For example, a large pothole caused a vehicle to swerve out of control or an airbag failed to deploy.
Deciding What to Sue For
Fatal car accidents are still personal injury cases. Under the personal injury laws in Florida, surviving family members can sue for wrongful death or product liability, depending on who was responsible for the accident. The most common claim in these types of lawsuits is negligence.
Negligence is when one person fails to act reasonably and causes someone to be injured. In a wrongful death case involving vehicles, which could mean a person didn’t follow the rules of the road; therefore, caused the accident.
Negligence is not just on the driver though. Manufacturers can be negligent as well, but they are held to a higher standard than car drivers. For example, if a manufacturer releases a defective product or vehicle component that causes the accident or death, then the manufacturer is negligent.
For wrongful death cases, the loved ones of the victim can sue the responsible party, whether it is the driver, manufacturer or a mixture of the two. These lawsuits allow loved ones to recover compensation to help with:
- Medical Bills
- Funeral Costs
- Lost Wages of the deceased
- Loss of companionship
If you lost a loved one in a car accident, you still have legal options. Contact the lawyers at Fetterman & Associates, PA today for a free consultation. There is no obligation to meet with us and our attorneys can tell you right away if you have a wrongful death claim.
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