Filing a Wrongful Death Suit

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October 29, 2016
Edward Smith

Filing a Wrongful Death Suit 

Recent data suggests an increase in the number of deaths caused by auto accidents in 2015.

Fatal Accidents on the Rise

The National Highway Traffic Safety Administration (NHTSA) has released data that shows a staggering 7.7 percent rise in deaths caused by motor vehicle accidents from 2015. Cyclists and pedestrians count for a significant portion of that percentage.

NHTSA reported that at least 94 percent of auto accidents are tied to human error, for example:

  • Reckless Driving
  • Drunk Driving
  • Drowsy Driving
  • Distracted Driving

What If My Loved One Was Killed in a Fatal Traffic Accident Due to a Negligent Driver?

When a loved one is involved in a fatal accident, the family, dependent or legal beneficiary of the deceased may be able to file a wrongful death lawsuit. Watch this video for more information:

Meeting the Criteria

In the United States each state has it’s own wrongful death statute. Generally speaking to claim wrongful death, a claim should meet the following criteria:

  • Be able to prove your relationship to the deceased. A child, spouse, legal beneficiaries, or dependents may be eligible to file suit. They will need to be able to prove their relationship with either a will, birth certificate, insurance policy or other relevant documents.
  • You must be able to prove that the death of your loved one will result in a monetary loss. The person filing the claim must be able to prove that they will be put under a financial burden due to the loss. Providing proof of the deceased income and the amount he/she would have made in their lifetime is a great example of proving this.
  • Be able to prove an entity or another person is at fault. If the accident was caused by the negligence of another driver, you must have proof that he/she was found at fault for the accident. If the accident was caused by a pothole, condition of the road or unmarked road construction, the state or city where the accident occurred may be at fault. Contact an experienced attorney right away.

Grass Valley Auto Accident Attorney

I’m Ed Smith, a Grass Valley auto accident attorney. If your loved one has passed away due to a negligent driver, please give me a call at (530) 392-9400 or toll-free at (800) 404-5400 for free and friendly advice.

I’ve been assisting Northern Californian families with their personal injury and wrongful death claims for over 33 years.

See what my previous clients have to say about us on Avvo (the attorney rating network) Yelp, and Google.

Our injury lawyers invite you to view our past verdicts and settlements page.

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