If your loved one died in a hit and run accident, your family has suffered various damages, including financial losses. With the help of a personal injury lawyer who handles wrongful death claims, you might be able to recoup compensation to help your family with its financial difficulty during this time.
The hit and run driver broke the law by leaving the scene of the accident, so that proves wrongdoing. In most states, the deceased person’s surviving spouse, children, or parent can pursue a claim for wrongful death after a hit and run accident to recover damages.
This claim is like a personal injury claim, but it is filed by family members on behalf of the decedent’s estate. Consult with a wrongful death lawyer about your claim.
Damages Pursued in a Wrongful Death Claim After a Hit and Run Accident
While losing a loved one is never easy, the unexpected loss through a hit and run accident is not only traumatizing, it is also damaging to a family’s finances. Usually, damages recovered for a claim for wrongful death after a hit and run accident fall into two categories.
The first category is from the time the hit and run driver acts negligently until the death of the accident victim, whether that takes hours, days, weeks, or even months. This group of damages covers medical expenses, lost wages, and funeral expenses.
The next category of damages covers the lost wages for the accident victim from the time of death until the average retirement age. Depending on the state laws, sometimes loss of consortium can be claimed, which provides compensation for loss of companionship and love.
The Role of Negligence in a Hit and Run Accident
A wrongful death claim is a form of personal injury claim, so the proof of negligence is necessary. For a claim to be successful, you must show that the other party, who was at fault, acted negligently.
All four elements of negligence – having a duty, breaching that duty, causation – which is that breach causing the crash, and then, damages that result from that causation – must be shown. All drivers have a duty to drive safely and obey traffic laws, so that is a given.
In this case, let’s say the driver crossed the centerline and hit your loved one’s vehicle head on and then left the scene. That is a breach of the duty established.
Next, that breach of duty, crossing the centerline and then leaving the scene of the crash, caused the injuries suffered by your family member.
Then lastly, the injuries caused by the crash led to the death and damages your family suffered, so you have proven negligence on the other driver’s part. You can then have a successful claim for wrongful death after a hit and run accident.
Consult with a Wrongful Death Attorney
If you are ready to file a claim for wrongful death after a hit and run accident, you should consult with a wrongful death lawyer. There are no out of pocket expenses because these personal injury attorneys work on a contingency basis.
Get your free case evaluation today, so you can get your claim on track and help your family start getting back to some normalcy.
