If your loved one has died after being hit by a car walking, you might be able to pursue a wrongful death claim against the driver of the car. If you can show that the driver was negligent and that caused the crash, you can recover compensation for your losses.
A wrongful death claim is basically a lawsuit filed by the family of the deceased much like the accident victim would have filed a personal injury claim to recoup damages had he or she survived.
A pedestrian can suffer injuries such as traumatic brain injuries, internal injuries, and crushed bones which can lead to death.
Damages Pursued in a Wrongful Death Claim After Being Hit by a Car While Walking
While the laws vary regarding damages from one state to another, there are various damages that you can recover by pursuing a wrongful death claim.
When you lose a loved one, there are financial hardships that must be faced. That family member will no longer be bringing home a paycheck. There will be funeral expenses and there might be medical bills.
Through a wrongful death claim, you might be able to recover compensation to help relieve the financial burden suffered by the death of your relative. When it comes to damages recovered through a wrongful death claim, there are different categories of damages.
The first damage category is from the time the at-fault person committed a negligent act to the moment of the pedestrian’s death. This timeframe covers medical bills, lost wages, pain and suffering, and final expenses.
The second category is for the losses that the next of kin suffers with the loss of their loved one. As an example, this will include the financial losses suffered by the family. This can include the earnings that the decedent would have received up until his or her retirement at the regular age.
Some states allow the family to recover damages for loss of consortium, which means they are deprived of the companionship and love of their family member.
The Role of Negligence in a Wrongful Death Claim After Being Hit by a Car While Walking
To have a successful wrongful death claim, you will have to prove that the other person was negligent.
For example, the accident victim was crossing in a crosswalk when the driver of the vehicle was texting and failed to notice the pedestrian in time and struck him. As a driver, the individual had a duty to act in a specific way and drive safely to prevent others from harm. That duty was breached when driving while distracted.
That breach of duty caused the accident which led to the injuries that caused the pedestrian’s death. When negligence has been proven, your odds of a successful wrongful death claim increase significantly.
Consult with a Wrongful Death Attorney
If you have lost a loved one after being hit by a car walking, you should consult with a wrongful death attorney. Wrongful death lawyers work on a contingency basis, so you have nothing at all to lose.
Schedule your free case evaluation today. There is a statute of limitations for pursuing a claim.
