If your loved one was killed in a crash involving a distracted driver, you might be able to pursue a wrongful death claim against the at fault party. Distracted driving is more commonplace that one might think, despite all the public service campaigns urging drivers to be attentive.
TeenSafe reports that nearly one out every four car accidents are caused by distracted driving. Distracted driving caused 391,000 injuries and 3,477 deaths in traffic accidents during 2015.
Wrongful death claims are personal injury claims filed by the family of the deceased to recoup compensation for the damages that their loved one and they suffered because of the crash.
To pursue a claim for wrongful death after being hit by a distracted driver, consult with a wrongful death lawyer.
Damages Pursued in a Wrongful Death Claim After Being Hit by a Distracted Driver
A family suffers serious losses with the death of a loved one. When your relative was killed, you also suffered financially. Through a wrongful death claim after being hit by a distracted driver, you can recoup compensation for those losses.
The first group of damages are those from the time the distracted driver acted negligently up until the death of the accident victim. These damages include lost wages, medical expenses, and funeral expenses.
The next set of damages include the loss of income from the time of death until the deceased person’s regular age of retirement. Sometimes the family can recover damages for loss of consortium, which is the loss of love and companionship because of the relative’s death.
The Role of Negligence in a Wrongful Death Claim After Being Hit by a Distracted Driver
For a wrongful death claim to be successful, it must be proven that the other driver acted negligently. There are four elements of negligence and all four elements must be met.
The first element is you must show that the other party had a duty or a responsibility. In this case, it is that any driver has a duty or responsibility to obey traffic laws and drive safely to protect others from harm.
Second, you will need to show that duty was breached. In this case, it was breached when the driver drove distracted.
Third, you will need to show that breach caused the crash. As an example, the driver was texting, so he or she didn’t notice the red light. Then lastly, the death and damages resulted from the crash.
Consult with a Wrongful Death Attorney
If your loved one died after being hit by a distracted driver, you should consult with a wrongful death lawyer. With the help of a personal injury attorney, your odds of having a successful claim for wrongful death after being hit by a distracted driver increase significantly.
Wrongful death attorneys work on a contingency basis, so there is nothing to lose. You will not have any out of pocket expenses. Schedule your free case evaluation today, so you can get your claim on the right track.
