Transportation trucks are involved in accidents every day. If you have lost a loved one because they were hit by a large truck, you might be able to pursue a wrongful death claim. A wrongful death claim is a claim to recoup compensation for damages that is filed by the family of the deceased accident victim. If the accident victim had survived, he could have filed a personal injury claim for damages. If you would like to pursue a claim for wrongful death after being hit by a truck, talk with a wrongful death lawyer.
Damages Pursued in a Wrongful Death Claim After Being Hit by a Truck
There are various damages suffered after a loved one has died in a trucking accident. If you lost a loved one in a crash with a truck, you have suffered financial losses. There are medical expenses, burial expenses, and lost wages. These all can be sought through a wrongful death claim. Also, you can ask to be compensated for lost wages from the time of crash up until time for the accident victim to have retired. Some states allow damages for loss of consortium, which is the loss of love and companionship after the death of the parent, spouse, or child.
The Role of Negligence in a Wrongful Death Claim After Being Hit by a Truck
For a wrongful death claim or personal injury claim to be successful, you will need to show that the truck driver was negligent. There are four elements of negligence. The first element is showing that the other party had a duty or a responsibility. In this case, is it the responsibility to drive safely and adhere to traffic laws. Next, you must prove that duty was breached. As an example, the trucker ran a stop sign and crashed into your loved one’s vehicle, so that shows the duty was breached. Then you prove that the crash happened because of that breach of duty – the vehicle wouldn’t have been hit if the truck hadn’t run the stop sign. Then the death resulted from the injuries suffered in that crash. When you prove all four elements of negligence, you can have a successful wrongful death claim.
Consult with a Wrongful Death Attorney
If your family member died after being hit by a truck, you should consult with a personal injury attorney who handles wrongful death claims. Wrongful death lawyers work on a contingency basis, so you have nothing to lose and no upfront costs to pay out. When it comes to wrongful death after being hit by a truck, complete the free case evaluation form on this page to have your claim reviewed by an attorney in your area. Don’t wait until it is too late to file a claim!
*Disclaimer
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Swift or any other party, you may not be entitled to any compensation.
