Wrongful Deaths in a Fatality Accident
A fatality accident that occurs when someone dies because of another person’s or entity’s negligence is considered a wrongful death. Wrongful deaths can occur for a number of reasons. No matter what the cause, when you lose a loved one because of the negligence of another person or entity, your family or the representative of the deceased’s estate may file a claim to recover damages.
Car Collisions Lead to a Fatality Accident
One of the major causes of wrongful death, more than 3,700 people died in 2020 due to a car collision. Most of those deaths were caused because of negligence by another person or entity. Common types of negligence that contributed to the many fatality accidents in the state included the following:
An accident with a big rig or other large commercial truck can lead to wrongful death. From underride/override accidents and blind-spot collisions to jackknifes and rollovers caused by overloaded trailers, those riding in any smaller vehicle nearby can be impacted. Driver error also contributes to big rig accidents due to lack of maintenance of the vehicle, speeding, and loss of control.
Accidents Involving Pedestrians
Pedestrians are the most vulnerable to severe injuries in a collision with a motor vehicle, and the faster the car is going, the more likely it will end in a fatality accident. Intersections are common locations for an accident fatality involving a pedestrian and often occur when a driver runs a red light, makes an improper turn or is speeding or distracted.
Defective Products as a Cause of a Fatality Accident
Defective products can range from automobile parts and furniture to food and pharmaceuticals. When a defective product causes an accident fatality, a claim can be placed against the manufacturer. A product liability claim does not have to prove negligence, only that the item was used as it was intended and was unaltered.
Work accidents can include dangerous professions such as farm labor, construction and manufacturing. While many wrongful deaths are covered by workers’ compensation, if a third party or negligence by the company was the cause, compensation can be sought. One advantage of workers’ compensation is that negligence does not have to be proven because it is a no-fault system. However, a workers’ comp claim does not include loss of consortium or pain and suffering, which is allowed in a wrongful death lawsuit. Discussing which is right for your family if you lose a loved one may be beneficial.
Airplane and Other Common Carrier Accidents
A fatality accident can also occur in common carriers such as buses, trains, and airplanes. Errors by the driver, engineer or pilot can cause these types of accidents as well as mechanical errors and others. An injury lawyer can investigate the fatal accident to determine what went wrong and caused the death of your loved one.
Recoverable Damages in a Wrongful Death
Some of the damages that can be recovered by filing a claim for wrongful death include:
- End-of-life expenses are recovered, such as the burial and funeral costs.
- Wages the deceased person would have earned until retirement age can be recovered, including insurance and pension benefits, bonuses and more.
- The spouse can recover damages for the loss of emotional support and consortium.
- The family’s children can recover compensation for the loss of nurturing and guidance.
- Compensation for work the decedent did around the home is recoverable, such as mowing the lawn, preparing the tax forms, and taking care of the family vehicles.
Loomis Wrongful Death Lawyer
I’m Ed Smith, a Loomis wrongful death lawyer. When your loved one died due to negligence by another motorist or entity, you may wish to find out if you can file a claim for wrongful death. You are welcome to contact us for our compassionate, free and friendly advice at (916) 921-6400 or at (800) 404-5400. We also offer an online contact form.
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