Because of its complex job, postal delivery services has a variety of trucks traveling the roads. The risk of being involved in an accident with a mail truck is great. Mail delivery trucks are larger and heavier than other vehicles, especially when they are loaded with packages. A mail truck can do major damage to a smaller passenger vehicle. If your loved one was killed after being hit by a mail truck, you might be able to recover damages through a wrongful death claim.
Damages Pursued in a Wrongful Death Claim After Being Hit by a Truck
While the laws regarding the damage recovery process do vary from one state to another, you can recover various damages through a wrongful death claim. When a loved one dies, the family typically suffers financial losses. Through a wrongful death lawsuit, the family might be able to recover some compensation to help relieve the financial burden suffered by the death. Two different categories of damages can be recovered through a wrongful death claim. One category involves recovering damages that were suffered by the decedent from the moment that the defendant committed a negligent act to the moment of his or her death, regardless of whether the death was instantaneous or if it took days, weeks, or months. These damages include medical expenses, lost wages, and burial expenses.
The other category consists of the family’s losses suffered from the family member’s death. These damages include the loss of earnings of the deceased person from the time of the accident until when he or she would have reached normal retirement age. In some states, the family can claim loss of consortium, which involves the loss of companionship and love with the individual’s death.
The Role of Negligence in a Wrongful Death Claim After Being Hit By a Mail Truck
For a successful wrongful death claim, you will need to prove that the mail truck driver was negligent. There are four elements of negligence, duty of care, breach of that duty, that breach causes the accident, then the accident causes damages. As an example, the mail truck driver has a duty to adhere to traffic laws to protect others from harm. He ran a stop sign and T-boned your relative’s car. The driver has breached the duty and caused the accident. Then, the injuries sustained caused your relative’s death. With the help of a wrongful death claim lawyer, you can prove the other party’s negligence.
Consult with a Wrongful Death Claim Attorney
If your loved one was killed in a crash with a mail truck, you should consult with a wrongful death attorney. These personal injury attorneys work on a contingency basis, so there are no upfront costs and you have nothing to lose. Get your free case review today with a wrongful death lawyer, so you can pursue a wrongful death claim after being hit by a truck.
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*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 USPS or any other party, you may not be entitled to any compensation.
