If you have witnessed the horror of a loved one killed by a truck when walking, you may be wondering whether there is anything you can do to claim compensation for your loss.
Most fatal accidents of this type are caused by driver error. This is definitely the case if your loved one was actually walking on a sidewalk at the time or crossing a road at a crosswalk where it can be proved that he or she had the right of way.
A wrongful death claim can help to bury the hurt of the death and release valuable compensation if the deceased was a significant breadwinner. Talk to a wrongful death lawyer as soon as you feel you are up to it.
What is a Wrongful Death Claim After a Loved One has Been Killed by a Truck While Walking?
A wrongful death claim is a claim for damages made by a deceased person’s immediate family member against whoever was responsible for the accident that led to the death. Compensation for this can take several forms.
It can help pay for funeral expenses. It should pay any bills for medical treatment before the crash victim actually died, assuming that he or she had survived the crash itself for a period of time.
It is intended to compensate the family for lost financial support assuming the deceased was a significant breadwinner. It may also include an amount in compensation for the loss in companionship and affection and in some cases, punitive damages.
The wrongful death claim does take time to prepare. There is no guarantee that the at-fault driver’s insurance provider will accept the claim and pay it out in full. Much depends on being thoroughly prepared before filing the claim.
Evidence that negligence was involved is essential. Proof of costs and lost income must be shown and any non-economic damages must be accompanied by a satisfactory justification for their inclusion.
Who Might Benefit From a Wrongful Death Claim?
It has been acknowledged that it was wrong in the past to exclude bereaved family members from obtaining compensation after a fatal accident involving a loved one. It was the policy in most states that if someone died, whether there was negligence involved or not, the option to claim compensation was buried with the victim.
These days, wrongful death claims are more common and supported by state legislature. The beneficiaries depend on the family members still alive and dependent on the deceased before the accident.
Normally, the surviving spouse has precedence as beneficiary, followed by dependent children and adopted children, followed by dependent parents. If the deceased did not have an immediate family there may be a case for compensation being awarded to siblings or other family members.
How a Wrongful Death Lawyer Can Help With a Claim
Wrongful death claims aren’t easy to win. You should talk to an experienced wrongful death attorney who will be able to put together a claim that’s far more likely to be successful.
The attorney will be able to find the proof needed to show how the fatal accident took place and collect the necessary documentation that needs to be submitted with the claim to show the amount of money requested. Fill out the Free Case Evaluation to find a lawyer in your area who can assist you with your claim.
