If your loved one died in a rollover crash, you might be able to file a wrongful death claim depending on who was at fault and how the death occurred.
If the accident was the fault of another driver, that driver might be held liable for the damages suffered with the loss of your loved one. A wrongful death claim is like a personal injury claim that is filed by the next of kin of the deceased accident victim.
It allows them to recover compensation for the financial losses suffered because of the individual’s death. To file a claim for wrongful death after a rollover crash, consult with a wrongful death attorney.
Damages Pursued In A Wrongful Death Claim After A Rollover Crash
The death of a loved one will lead to financial difficulties for the immediate family. By filing a claim for wrongful death after a rollover crash, the family can recover compensation to help with those losses. The damages recovered usually fall into two distinct categories.
The first category covers the time from when the at fault driver committed the negligent act to the moment the accident victim dies, regardless of whether that death is immediate or days or even weeks later. These damages can include medical expenses, lost wages, and burial costs.
The next category of damages covers the lost wages from the time of the accident victim’s death until he or she would have retired. Depending on state laws, sometimes loss of consortium can be sought, which is compensation for the loss of companionship and love suffered from the death of the loved one.
The Role Of Negligence In A Rollover Crash
Just as it is with a personal injury claim, a wrongful death claim must prove the other party was negligent for it to be successful. All four elements of negligence must be met for a claim to be successful.
The four elements are duty, breach of duty, causation, and damages. As an example, all drivers have a duty or responsibility to adhere to the rules of the road and drive safely to keep others from harm. That duty is breached when a driver breaks a traffic law, drives while distracted, or drives when he or she is not capable to do so because of drowsiness, drugs, or alcohol.
Next, when that breach causes an accident, the third element of negligence has been met. Then, last, when that accident caused by the breach leads to damages, all four elements have been met and a claim can be successful.
Consult With A Wrongful Death Attorney
If your loved one died in a rollover crash, you should consult with a wrongful death attorney. A lawyer will investigate your family member’s crash and determine what went wrong.
With the help of a wrongful death attorney, you can determine the best way to proceed with a claim for wrongful death after a rollover crash. Get your free case evaluation today before it is too late to proceed with a claim.
